HomeMy WebLinkAbout01-2014 FX
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS "I
IpEDORKO r LARRY & MARY
246 INDIAN CREEK DR
MECHANICSBURG, PA 17055
L
.J
Mag. Dist. No.:
OJ Name: Hon.
THOMAS A. PLACEY
Add"":104S. SPORTING HILL RD.
MECHANICSBURG, PA
V5.
T",phO'" (717) 761- 8230
17050
DEFENDANT: NAME aod ADDRE55
IsEALOVER HOMES, INC.
145 BIG OAK RD
DILLSBURG, PA 17019
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Docket No.: CV-0000508-00
Date Filed: 12/11/00
CROSS COMPLAINT 001
"1
SEALOVER, ,. VERNON R
145 :I:lIG OAK RD
DILLSaURG, PA 17019
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THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[i] Judgment was entered for: (Name) FRnmnrn, T.l!.RRV Ii Ml!.RV
[i] Judgment was entered against: (Name) llRl!.T.nVRR HnMRll, TNC_
in the amount of $
'iq 17 on:
(Date of Judgment)
".\ 1011/01
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of JudgmenlSubject to
AttachmenVAct 5 of 1996 $
Amount of Judgment $ 34.17
Judgment Costs $ 25.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 59.17
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
o This case dismissed without prejudice,
o Levy is stayed for
days or 0 generally stayed.
o Objection to levy has been filed and hearing will be held:
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
. "" 'wJ$.1$Itf1r~gll!(
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PL.~\p,JtILJ?J~~~lf?N. YOU
MUST INCLUDE A COpy OF THIS N E OF JUDG T NS RIPT FORM '#t~oUlfNOTI~SSl''1APPEAL.
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0-8'-0 t- Date
I certify that this is a true a
Date
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correct copy of the record of the p oceedings',cg.titaining the judgn:l'enl..'
\ ':7 '. ,:.:,,:'~'
. :',. . , " : '.' Di.~trict Justice
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,
My commission expires first Monday of January,
AOPC 315-99
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2004
SEAL
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NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE' . , ,
PLAINTIFF: NAME and ADDRESS I
IsEALOVER, VERNON R
145 BIG OAK RD
DILLSBURG, PA 17019
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-04
DJName: Hen.
THOMAS A. PLACEY
Add",,, 104S. SPORTING HILL RD.
MECHANICSB~G, PA
VS.
DEFENDANT: NAME and ADDRESS
'FEDORKO r LARRY, ET AL.
246 INDIAN CREEK DR
MECHANICSBURGr PA 17055
L
Docket No.: cv- 0000508 - 00
Date Filed: 11/29/00
T"'pho"" (717) 761-,8230
17050
AT':fORNEYFOR PLAINTIFF :
RICHARD G. SNELBAKERr ESQ.
44W.MAIN ST.
MEqHANICSBURGr PA 17055
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THIS IS T9 1II0TIFYXOU ,THAJ:
, Judgment:
[i] Judgment was entered for:
(Name)' ll'Rnn~"ll'nr Ml\.~V R
'lFOR DRPRIIlD1\.lI1T
[i] Judgment was entered against: (Name) llRl\.T.OVRRr VRRNON R
in the amount of $
(Date of Judgment)
'I InR In1
.
nn on:
D Defendants are jointly and severally liable,
D Damages will be assessed on:
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
D This case dismissed without prejudice.
D Amount of Judgment Subject to
Attachment! Act 5 of 1996 $
Post Judgment Credits
Post Judgment Costs
D Levy is stayed for
days or D generally stayed.
Certified Judgment Total $
D Objection to levy has been filed and hearing will be held:
.J
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$
$
$
$
$
.00
.00
.00
.00
.00
$
$
------------
------------
" -'" " '. .'-.-,.", , .. --'- ., '. .. . ~'.,- , .--.,.- .. '. --..._''" .. "--.
Date: Place: .
Time:
.
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUD9JJ1~~~FILING A NOTICE
OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PL><~~~;j~,Q,~. YOU
MUST INCLUDE A COPY OF THIS NO E OF JUDG TI NS RIPT FORM ~~~OCiR N(j'1'IGi(,9l"~PPEAL.
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I certify that this is a true a correct copy of the record of the p ceedings1::oFltaining the judgmllnt. c'
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Date
Date
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, My commission expires first Monday of January,
AOPC 315.99
2004
SEAL
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CaMMON~EAL TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
of Cumberland County
JUDICIAL DISTRICT
NOTICE OF APPEf\l
>
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.01-2014 Civil Term
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
N...ME OF ...,.,.EI.L...NT
M4G. DI5T. NO. OR "....ME OF D.J.
SEALOVER HOMES, mc.
09-3-04 Placey
"'ODRESS OP ...PPELL...NT
CITY
STATE
ZIP CODe:
March 8, 2001
IN THIt C...SE OFIPldm,dIJ ~L.~
Fedorko, Larry & Mary
PA
145 Big Oak Road
O"-TE OF JUDGMENT
CV 190000508-00
LT 19.
SIGNATURE
Snelb
By: ;'
CLAIM NO.
This block will be signed ONLY wh'en this notatio'rl is recl'uired unde
R.C.P.J.P. No, 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgmE:nt for possession in this case.
If was Claima,lJt (see, Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT. within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R,C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED. detach from copy of notice of appeal to'beserved upon appellee).
PRAECIPE: To Prothonotary
x Larry Fedorko and Mary Fedorko
Enter rule upon
Name oi appellee(s)
(Common Pleas No. 01-2014 Civil Tem
,appellee(s), to file a complaint in this appeal
RULE:
Tb Larry Fedorko and Mary Fedorko
) within twenty (20) da<:l>>~~g~W~~;;y ~pwfll!,;,e'l'.7!.non pros.
Bv,=Richard C. Snelbaker. .
Signature of appellant'or his attorney or agent
Name of appellee(s)
, appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal. within twenty (201 days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU.
(3) The date of service of this tule if service was by mail is the date of mailing.
Date: April 6. 2,<w.1~01
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE .0F NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of s(jrvice M-UST BE FILED WITHIN FIVE (5) DA YS AFTER filing the notict' of' appeal. Check ,-lpplicdbfe boxes)
COMMONWEAL Tel OF PENNSYlVANIA
COUNTY OF ;'55
AFFIDAVIT: I h8[i..;by sw8cli' or affirm that I served
'-,
(j coPy o,f the NotIC,e"o{ADP'i;;:d, 'C.-,\JIll tn on PI~as N,o. -,-__.__"...__"~,,~,pon d'
(datt' of service) ____ __ m' . ~_'_'_____, 1 9 _ _, [J: .bv pf.~rsona! ,~LTVi,(;i;~'
i'eceipt attachE:d \~er ero, Jnd l~pon the <ippelice, {l7imJeL,____._
--"".___,,_"'..______________, 19 I)y personal SCI'ViCE: [J bV (cuit'f;(~cl)
t: D'strict Justice dcsig'latf:c.llherein Oil
b,,' icen:fied} (rqistu8rJ) rn;~:I; st-:wk: '"
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'Jrt) ~)k!r ~\;ndcr's ,.(~celpt (~;:tached',hc'ret().
and furthe,! that I serv'ed thE' Hule to File B Complaint accornpeJnY:I~iq t'lt': abo"/t' NOT-ic', of Appe<-,j u))on 'the ,mpi.;lh;elsi to
whorn the Rule was addressed on___ __________"_"~__'_"_, 19__ -'I by f!ersorl(JI 3cl.l.flce C".; by (.certrheclj (rl':~li;;h:retl)
mad,,"sender,'s receipt attached he.l"etn.
SWORN (AFFIRMED) i"ND SU88CRI8,Eo BEFORE ME
nrIS_,,~DAY . 19_~,
SlgT!alU(t' of Clf'fianr
Signature of oflicla; be fori.' whom affidavit wvs mdd2
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Title of official
My commission lJxpires on_~,~_, 19__
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GOMMONWE..<<1 TH Of "-PENNSYLVANIA
COURT OF COMMON PLEAS
of Cumberland County
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
p,
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS NoC)I-2014 Civil 'term
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court 6t Common Pleas an appeal from the judgment rendered by the District Justi,ce
on the date and in the case ment(oned below.
N"'ME OF ...P..El.l-...NT
MAG. DIST. NO. OR N....ME;; OF D.J.
SlW.OW1l. HOMES. INC.
09-3-04 Plaeey
",OORE;;SS OF .....PE;;l-l-...NT
CITV
ST"'TE
ZIP CODE
145~1g Oak Road
Marth 8. 2001
IN THE C...SE OFIP''',n/,1f1 ~
Fedorko. Larry & Mary
VA
O"'TE OF JUD~ME"'T
W'
llclmeS. lne~
Cl-...IM NO.
cv 1~00508-o0
LT 19
This block will be s-igri~ed ONLY when this notation
R.G.P.J.P. No,1008B.
This Notice of Appeal, when received by the District Justice.
a SUPERSEDEAS to the judgment for possession in this case.
will operate as
.
If was Clqima1)t Isaa Pa. R.C.P.J.P.
No. 1001(6) in action bafora District Justica, ha
MUST FILE A COMPLAINT within twenty (20)
days aftar filing his NOTICE of'APPEAL.
Signature of Prothonotarv or Deputv
PRAECIPE TO ENTER RULE TQ,EILE COMPLAINT AND RULE TO FILE
IThis saction of form to ba usad ONL Y whan appallarit Was DEFENDANT IsaaPa. R.C.Pjp.'No, '100lll) in action bafora District Justica.
IF NOT USED, datach from copy of notica of appaal to ba sarvad upon appallaa). " .
PRAECIPE: To Prothonotary
x Enter rule upon Larry Fedorko and Mary Fedorko
Name of appellee(s)
(Common Pleas No. 01-2014 civil 'tetift
.' appellee(s), to file a comp,laint in ~his appeal
RULE:
--' ". ';,. ~:\~;;"-, "::<'-
La.rry Fedorko and
To
) within twenty (20) da~~~yg_~"itt.fLnon pros.
"" , By !!'Rich....d c. s....thaker
'---\ c '-...._,,),~--:\ Signatur.e,l?f..appeflallror his attorney or agent
Mary ,F~!r~'
, appellee(,)
Name of appellee(s)
(1) You are notified that a "rule is hereby entered upon you to file a complaint il} this ,;;!,ppea! yvithtw,twenty (2Ql days ,after__ the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service bf this ru'le if service was by mail is the date of m'ailing.
Date: Avril' 6. 2MJ,-2QOl'
,
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Deputy
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AOPC 312~90
COURT FILE
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PROOF OF SERVICE OFI\IOTICE OF APPEAL AND RULE TO FilE COMPLA'~JT
(This/irao/tif s&ryicc MUST BE Fi'L'ED vvrtHIN FIVE" (5) DA Y,S AFTEP ffhn(J th~.- notice of dpjH3,'J/. Chc!:,( ..7Cplit:e,.h!e h:J.\"es)
COMMONWEALTH OF,PENNSYlVANIA
COUNTY OF_
CUMBERLAND
"___~,~;S5
AFFIDAVIT: ! hereby swei;11 or affir:"n that! $01'vw1
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a copvof the Notice of Appeal, ComcDon Pieoas N,o.,Q..l:-2.Q14._", upon the [) )rt,ct Ju.)~:c',d(!~i9il,HJ;d th,,'Jri~;1) un
(date of service)__,~-PJ;:.i.l~6.~QOl___,,,_ ," 1"9"-~____1 LJ by. ~1f;\ sona: s!,!,\j~~'c .i~i1 bV lei,1 t::fie:d) (r.l;qistloil:d i m~~:i,,, sentlpl '<,
!"cceipt attachHl herew, and UpOIl :he ilppellef;, (name)__ JdlrI'y,__F?dp:r,:k:9_,__al:!S~ ~_1:'"y Fedorko _____ 011
___"_,,..~P',,!!1-_,,_?_.!__,_1..~q~ ___; hy jYJrsondl SC+V,CI~ [~ bv \u:' !,it:u,i,1 :;1u;;di '"::,1', :J~'n(il;"') r"ceiD1 c:'t1:1dll:d hen:to:'
''':"x ar~dl~furthf-5r '{bat I ';{~iVUj the, Fhde to File cl Complain!. accompany")!}
whom'the Ruie,'-/vas addles~,ed on,_____,_,._A:P.!"}J__~__2QQ1__, 19".
,. rt),~il, s~JJqe(s' rec~!)p.t. .a'Hact:frcl'.lh~ereto ~
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the jbO\'~' !\101 :(;1":
i"\jJPi~:Ji Uj>Ofl 'till: 2ppel!ee(s' t(l
SWORN {AFFIRMED! AND SUBSCRIBED ErEFORE'~'~E
..... '"6t'h ' ., " "'A' ril '. :).[101
TH IS,___.___ DAY OF._____P____._...._. ""-'__.
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rr 246 Indian e Drive
o .ciiy:Stafe:zij5+4n-.-..-~.nn.n....nnn--n.-__.n.nn-__nnnn__..~.n.h"_.__.~.
l'- Mechanicsburg, PA 17055
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· Print your name and address on the"feverse
so that we can return the card,to,YOtl:-_,,; "
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article AddresSed to:
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X D,A(jdressee
D. Is eliveryaddressdifferent'fromitem1? 0 Yes
If YES, enter delivery address below: 0 No
Larry Fedorko
Mary Fedorko
246 Indian Creek Drive
Meehanicsburg, PA 17055
3. SelVice Type
lJ Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (OoPYl'Pm s"",k;e (abeQ 709~ 34~p 0004,5009 ;62915
PS Form 3811. July 1999
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LAW OFFICES
SNE:LBAKER.
BRE;NNEMAN
& SPARE
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VERNON R. SEALOVER and
SEALOVER HOMES, INC"
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO: 01-2014
CIVIL TERM
vs
CIVIL ACTION - LAW
LARRY FEDORKO and MARY E.
FEDORKO,
JURY TRIAL DEMANDED
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attomey and filing in writing with a
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
By
Atto
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
,,',\,
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VERNON R. SEALOVER and
SEALOVER HOMES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: NO: 01-2014
,
CIVIL TERM
vs
CIVIL ACTION - LAW
LARRY FEDORKO and MARY E,
FEDORKO,
JURY TRlAL DEMANDED
Defendants
COMPLAINT
AND NOW, come Plaintiffs Vernon R. Sealover and Sealover Homes, Inc., by
their attorneys, Snelbaker, Brenneman & Spare, P.C., and.aver the following causes
of action:
1. Vernon R. Sealover, an adult individual, is a Plaintiff herein and
resides at 145 Big Oak Road, Dillsburg, P A 17019 (hereinafter called "Individual
Plaintiff').
2. Sealover Homes, Inc., a Plaintiff herein, is a Pennsylvania business
corporation, having its principal office at 145 Big Oak Road, Dillsburg, P A 17019
(hereinafter called "Corporate Plaintiff').
3. Defendants herein are Larry Fedorko and Mary E. Fedorko, husband
and wife, adult individuals, who reside at 246 Indian Creek Drive, Mechanicsburg
(Hampden Township), Cumberland County, Pennsylvania 17050.
4. At all times relevant hereto, Individual Plaintiff was the owner of a
single-family residence known and numbered as 5010 Apache Drive,
-,-,,',';'.
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
,
!i
Mechanicsburg, (Hampden Township), Cumberland County, Pennsylvania
(hereinafter clllled "Rental Property").
5. On or about June 2000, Defendants' residence aforesaid was damaged
by fire to the extent that said house was uninhllbitllble.
6. Knowing ofIndividual Plaintiffs ownership of the Rental Property,
Defendants sought to rent said Property during the time the fire damage was being
repaired.
7. On or about June 27, 2000, the Individual Plaintiff and Defendants
entered into a written lease for the Rental Property, a true and correct copy of said
lease being attached hereto marked "Exhibit A" and incorporated herein by
reference thereto (hereinafter called "Lease"), and Defendants paid to Individual
Plaintifffour (4) months' rent ($4,800) and also paid a security deposit of $1,600 and
pet deposit of $150, totaling $1,750 (hereinafter collectively called "Security
Deposit").
8. Defendants took possession of the Rental Property pursuant to said
Lease on or about July 1, 2000.
9. On or about August 25, 2000, during their tenancy of the Rental
Property and while their fire damaged residence was being repaired, Defendants
solicited Corporate Plaintiff to build and construct a powder room (containing only a
toilet commode and a lavatory) in a portion of the basement of the Defendants'
residence.
2
~
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
II
10. As the result of their discussion, the parties entered into a written
agreement dated August 25, 2000, which outlined the prospective work for a powder
room and fixed the price/consideration at $3,970.00.
11. Defendants paid Plaintiff the sum of $2,000.00 on or about September
18, 2000, on account of the construction project.
12. During the course of said construction project, Defendants requested
the addition of a stall shower thereby converting the project from construction of a
powder room to construction of a bathroom.
13. Corporate Plaintiff provided Defendants with catalogue materials for
the shower facility and fixtures and estimated an additional cost of approximately
$1,500 to $1,700.
14. On or about October 11, 2000, Defendants selected a desired shower
and fixtures, and directed Corporate Plaintiff to order the shower materials and to
enlarge the proposed construction to accommodate the shower as a bathroom,
15. Relying upon Defendants' directive to proceed with the enlarged
construction project, Corporate Plaintiff purchased the shower materials and had
them delivered to Defendants' residence on or about October 13, 2000, together with
a toilet commode and lavatory with fittings and fixtures.
16. Corporate Plaintiff proceeded to construct the bathroom with shower.
17, Defendants vacated the Rental Property on or about October 31, 200,
and resumed occupancy of their present residence.
3
"'.
,~"
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
II
18. Upon Defendants' vacation of the Rental Property, it was discovered on
Individual Plaintiffs behalf:
(a) that Defendants had caused damage to the structure as follows
(1) Three interior doors were damaged by holes;
(2) Walls behind doors were damaged by dents
resulting from Defendants' unauthorized removal of
door stops causing doors to strike drywall covered
partitions; and
(3) Exterior vinyl siding damaged by hole; for
which the reasonable repair and restoration
costs was:
$180.00
(b) that the premises required general cleaning, the
reasonable cost of which was:
$120.00
(c) that payment for the following services owed by
Defendants under the Lease had not been paid:
(1) Pennsylvania American Water Co.
(water service):
$ 86.87
(2)Township of Hampden (sanitary sewer
and trash removal services):
$ 32,67
(3) C. W. Fritz. Co, (air conditioning
service):
$ 82.00
$501.34
TOTAL
19. On or about November 16, 2000, the parties met to discuss the
progress of Corporate Plaintiffs construction and Defendants' payment therefor at
which time Corporate Plaintiff provided Defendants with an up-to-date billing for
the construction indicating a balance of $2,447.83.
4
,"' ,,~,. ~
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
II
Ii
!
20. As an accommodation to Defendants, Individual Plaintiff assigned the
Security Deposit ($1,750) to Corporate Plaintiff and the latter gave full credit
therefor in the billing aforesaid, as previously discussed and agreed to by
Defendants,
21. In the matter aforesaid, Defendants issued their check to Individual
Plaintiff in the amount of $495.73 in payment of the then known unpaid items
under the Lease for the Rental Property as more fully set forth in paragraph 18
hereinabove
22. On or about November 22, 2000, Defendants dishonored the check
aforesaid by stopping payment thereof, as a result of which Individual Plaintiff
incurred a banking charge at his deposit bank in the amount of $20.00.
23. On or about November 16, 2000, Defendants directed Corporate
Plaintiff to terminate work on the bathroom construction, which directive was in
breach of the parties' agreement and understanding.
24. At the time of the breach as averred in paragraph 23 aforesaid,
Corporate Plaintiff had constructed the partitions in the bathroom, installed waste
water pipes in the existing concrete floor, installed the stall shower, roughed-in
electrical and water utilities and delivered shower stall door, toilet commode and
various fittings, pipes and fixtures,(including certain PVC pipe not included in the
original tabulation mentioned in paragraph 19 hereinabove having a value of
$41.80) having a value of $1,241.83.
5
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
II
25. At the time of the breach as averred in paragraph 23 aforesaid,
Corporate Plaintiff had not yet delivered the vanity and lavatory and had not yet
installed a door and jamb, floor covering, paint, ceiling, nor installed the shower
door and toilet commode, all such work having a value of $1,088.00.
26. At the time of the breach as averred in paragraph 23 aforesaid,
Defendants owed Corporate Plaintiff a balance of $3,831.80 and after allowing
credit for unfinished work ($1,088.00) and the Security Deposit assigned as
aforesaid April 20, 2001($1,750.00), a balance remains unpaid of $993.80.
27. Corporate Plaintiff has demanded payment of said sum, but
Defendants have failed and refused to pay said amount,
COUNT I
Corporate Plaintiff v, Defendants
(Breach of Contract)
28. The averments contained in paragraphs 1 through 27 hereinabove are
incorporated herein by reference thereto.
29. Defendants' unilateral termination of Corporate Plaintiffs work and
failure and refusal to pay said sum of $993,80 constitutes a breach of contract for
which Defendants are liable to Corporate Plaintiff.
30, Said sum of $993.80 is the fair and reasonable cost of the work and
materials performed and provided by Corporate Plaintiff and is the amount which
Defendants agreed to pay.
6
LAW OFFICES
SNELBAKER,
BRENNEMAN
Be SPARE
,,'If
11
I-
I
i:
I
WHEREFORE, Corporate Plaintiffrespectfully requests your Honorable
Court to enter judgment in favor of said Plaintiff and against Defendants in the
amount of $993.80 together with interest and the costs of this action.
COUNT II
Corporate Plaintiff v. Defendants
(Quantum MeriutlUnjust
in the Alternative to Count I)
31. The averments contained in paragraphs 1 through 30 hereinabove are
incorporated herein by reference thereto.
32. Defendants have received work and materials having a value of
$993.80 by which they have been unjustly enriched at Corporate Plaintiffs expense,
WHEREFORE, Corporate Plaintiff respectfully requests your Honorable
Court in the alternative to Count I above to enter judgment in favor of said Plaintiff
and against Defendants in the amount of $993.80 together with interest and the
costs of this action,
COUNT III
Individual Plaintiffv. Defendants
33. The averments of Paragraphs 1 through 22 hereinabove are
incorporated herein by reference thereto.
34, Defendants are obligated to Individual Plaintiff in the amount of
$521.34 under and by virtue of the Lease averred as aforesaid.
7
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_II
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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35. Individual Plaintiff has demanded payment of said sum of $521.34,
which Defendants have failed and refused to pay.
WHEREFORE, Individual Plaintiff respectfully requests your Honorable
Court to enter judgment in favor of said Plaintiff and against the Defendants in the
amount of $521.34 together with interest and the costs of this action.
SNELBAKER, BRENNEMAN & SPARE, P.C.
By
Richard C. Snelbaker, Esquire
44 West Main Street
P.O, Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiffs
8
_.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
II
VERIFICATION
I, VERNON R. SEALOVER, being the Individual Plaintiff in the foregoing
Complaint and the President of the Corporate Plaintiff (and authorized by the latter
to make this verification on its behalf), do verify that the facts contained in said
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that any false statements made in said Complaint are subject to the
penalties of 18 Pa. C.S. ~ 4909 relating to unsworn falsification to authorities.
~~,-k~
VERNON R. SEALOVER
Dated:
April 23
, 2001.
0'.-'[
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
II
, .
"
VERNON R. SEALOVER and
SEALOVER HOMES, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO: 01-2014
CIVIL TERM
LARRY FEDORKO and MARY E. CIVIL ACTION - LAW
FEDORKO,
Defendants JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
SS
)
RICHARD C. SNELBAKER, ESQUIRE, being duly sworn deposes and says,
that he served two duly certified copies of the Complaint heretofore filed upon the
Defendants, Larry Fedorko and Mary E. Fedorko, by sending the same by Certified
Mail, Postage Paid, Return Receipt Requested on April 24, 2001, which was
received by Defendants on April 25, 2001, the original receipts for mailing and
delivery being attached hereto and being made a part hereof; and that the facts set
forth herein are true and correct to the
of his knowledge, information and
belief.
Sworn to and subscribed before me
this Jbll day of 4n/ ,2001
Notarial Seal
Sussn L.~. ~ P\IbIic
~ BOlo, CumbilrlandCounty
My Explrea Nl>Y. 24, 2003
A<Isllcla!icAalNottuies
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LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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item 4 If Restricted Delivery is desired.
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so that we can return the card to you.
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or on the front if space permits.
D. s der ery 8ddress different 1?
If YES, enter delivery address below:
1. Article Addressed to:
Larry Fedorko
Mary E. Fedorko
246 Indian Greek Drive
Mechanicsburg, PA 17055
3. Service Type
iE Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2, Article Number (Copy from service/abeO 7099 3400 0004 5009 6233
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Domestic Return Receipt
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SNELBAKER.
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VERNON R. SEALOVER and
SEALOVER HOMES, INC., .
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 01-2014 CIVIL TERM
LARRY FEDORKO and MARY E,
FEDORKO
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF JUDGMENT BY DEF AUL T
TO: PROTHONOTARY OF CUMBERLAND COUNTY
AND NOW, comes SEALOVER HOMES, INC., one of the Plaintiffs in the above-
captioned action, by his attorneys, SNELBAKER, BRENNEMAN & SPARE, P.c., and requests
and moves for judgment against LARRY FEDORKO and MARY E. FEDORKO, Defendants, in
the amount of Nine Hundred Ninety-three and 801100 ($993.80) Dollars together with interest
and the costs ofthis action for failure to plead to Plaintiffs Complaint (with Notice to Plead) and
after Notice pursuant to Pa. R.C,P. 237,1,
The undersigned certifies that a true and correct copy of the Notice required pursuant to
Pa. R.C,P. 237,1 is attached hereto and that said Notice was mailed to Defendants on May 18,
2001, at their address indicated on said Notice by first-class mail postage paid.
By
de-
Dated: August 3,2001
. chard C. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff Vernon R. Sealover
-
lAW OFFICES
SNELBAKER,
BRl::NNEMAN
& SPARE
}1'ffl~''i!l~,~
II
VERNON R. SEALOVER and
SEALOVER HOMES, INe.,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO: 01-2014 CIVIL TERM
LARRY FEDORKO and MARY E.
FEDORKO
: CIVIL ACTION - LAW
Defendants
: JURY TRlAL DEMANDED
TO: LARRY FEDORKO and
MARY E. FEDORKO
246 Indian Creek Drive
Mechanicsburg, P A 17055
DATE OF NOTICE: May 18,2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITH A HEARING AND YOU MAY
LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE,
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
By
'ch . Snelbaker, Esquire
44 West Main Street
P.0.Box3l8
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff
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SNEL8AKER.
BRENNEMAN
& SPARE
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,
VERNON R SEALOVER and
SEALOVER HOMES, INC.,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 01-2014 CIVIL TERM
LARRY FEDORKO and MARY E,
FEDORKO
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TO: PROTHONOTARY OF CUMBERLAND COUNTY
AND NOW, comes VERNON R SEALOVER, one ofthe Plaintiffs in the above-
captioned action, by his attomeys, SNELBAKER, BRENNEMAN & SPARE, P.C., and requests
and moves for judgment against LARRY FEDORKO and MARY E. FEDORKO, Defendants, in
the amount of Five Hundred Twenty-one and 34/100 ($521.34) Dollars together with interest and
the costs of this action for failure to plead to Plaintiffs Complaint (with Notice to Plead) and
after Notice pursuant to Pa. R.C.P. 237,1,
The undersigned certifies that a true and correct copy of the Notice required pursuant to
Pa. RC.P. 237.1 is attached hereto and that said Notice was mailed to Defendants on May 18,
2001, at their address indicated on said Notice by first-class mail postage paid,
By
-
c . Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff Vernon R Sealover
Dated: August :3 ,2001
LAW OFFICES
S~~EL8AKER,
B~ENNEMAN
8: SPARE
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VERNON R. SEALOVER and
SEALOVER HOMES, INe.,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 01-2014 CIVIL TERM
LARRY FEDORKO and MARY E.
FEDORKO
: CIVIL ACTION - LAW
Defendants
: JURY TRIAL DEMANDED
TO: LARRY FEDORKO and
MARY E, FEDORKO
246 Indian Creek Drive
Mechanicsburg, P A 17055
DATE OF NOTICE: May 18,2001
IMPORT ANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITH A HEARING AND YOU MAY
LOSE YOUR RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
By
c , Snelbaker, Esquire
44 West Main Street
P.O, Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
IN THE COURTOF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
[1.] VERNON R. SEALOVER
and
[2.] SEALOVER HOMES, INC.,
Plaintiffs
FILE NO: 01-2014 CIVIL TERM
AMOUNT DUE: Plaintiff#l - $521.34
Plaintiff#2 - $993.80
total: $1,515.14
vs,
LARRY FEDORKO and 'MARY E.
FEDORKO, Defendants
and
COMMERCE BANKlHARRlSBURG,
N.A. 4960 Carlisle Pike
Mechanicsburg, P A 17050,
Garnishee
INTEREST: @ 6% from August 3, 2001
COSTS:
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property
pursuant to Act 6 of 1974 as amended,
PRAECIPE FOR EXECUTION
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs upon the following described property ofthe defendant(s): any tangible
personal property in possession of Defendants at 246 Indian Creek Road, Mechanicsburg
(Hampden Township), Pennsylvania, and any monetary deposits, accounts or other property in
possession or custody of Commerce Bank/Harrisburg, N,A., Garnishee.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs,
as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies oflengthy personalty list):
any monetary deposits, accounts, credits and all other property of Defendants in the possession,
custory or control of Commerce Bank/Harrisburg, N.A., as Garnishee,
By:
Date: September 12,2001
ichar . Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
Attorneys for Plaintiffs
(717) 697-8528
Supreme Court ID No: 06355
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
VERNON R. SEALOVER and
SEALOVER HOMES, INC.,
Plaintiffs
vs.
LARRY FEDORKO and MARY E.
FEDORKO
Defendants
r
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2014 CIVIL TERM
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY OF CUMBERLAND COlJNTY
Please cause the judgment(s) entered in the within action to be marked satisfied.
Date: September ~I
,2001
B
ard C. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiffs
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R. THOMAS KLINE
Sheriff
RONNY R. ANDERSON
Chief Deputy
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
PATRICIA A. SHATTO
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
September 21, 2001
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Commerce BanklHarrisburg
4960 Carlisle Pike
Mechanicsburg, P A 17055
Re: Vemon R. Sealover & Sealover
Homes, Inc
Vs
Larry and Mary E. Fedorko
No. 2001-2014 Civil Term
Writ of Execution
/
Dear Sir,
Pertaining to Attachments made on accounts in the name of Larry and Mary E. Fedorko,
in the above entitled action, please be advised as of this date, September 21, 2001 all attachments
have been lifted by authority of the Cumberland County Sheriffs Office.
Thank-you.
!,o,
cc: Richard Snelbaker, Atty
Larry Fedorko, Deft.
Mary E. Fedorko, Deft.
Commerce BanklHarrisburg, Garn.
so~ ~
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R. Thomas Kline, Sheriff
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing $
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Advance Costs: $
Sheriff s Costs:
150.00 .
136.60
13.40
18.00
30.30
.50
1.00
7.80
Refunded to Attyon 9/26/01-
30.00
40.00
9.00
136.60
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So Answers;
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Sworn and Subscribed to before me'
tljis 1M" day of(}~
2001 A.D. ~ Q ~,~
pr thonotary
R. Thomas Kline, Sheriff
By Cla(lofJtLQ,~b~
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANtA)
COUNTY OF CUMBERLAND)
NO. __ill=2014 CIVIL 1e{ TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF Cunberland
COUNTY:
To satisfy the debt, interest and costs due ( 1) Vernon R. Sealover and (2) Sealover Hanes, Inc.
PLAINTIFF(S)
from Larry Fedorko and Mary E. Fedorko 246 Indian Creek Road, Mechanicsburg, Pa. 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
Anv tanqible personal property in possession of Defendants at 246 Indian Creek Road,
Mechanicsburq (Harm:;den Township) Penna.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
Cmrnprr.p Rfmk/HflrriRhllrg. N. A. 4960 Carlisle Pike. Mechanicsburq, Pa.17050
(Hampden Township)
GARNISHEE(S) as follows:
Any monetary deoosits. accounts, credits and all other property of Defendants in possession
Custo;r:y Dr control pf C~ce Bank/Harrisburq, N. A. as G<;lrn:ishee
anolo nouT}' tne garmsnee(S}lhat: (a) anattabflmeht nas been Is'Sued; (b) fhe garmshee(s) is/are enjoined frompaying any
debt to or for the account of the defendant(s) and trom delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) "property of the defendant(s) not levied upon an subject to attachment is found in the pof;session of anyone other
than a named garnishee, y.ou are directedto notny him/her that he/she has been added as a garnishee and is enjoined as above
stated. Plaintiff III $521.34 '
#2 $993.80
Amount Due $1.515.14 LL 50.50
Interest (<16% fran Auqust 3, 2001 Due Prothy ;; 1 00
Atty's Comm % Other Costs
Atty Paid
Plaintiff Paid
SR1.25
Date: SF'tppJIlbler 12. 2001
Curtis R. Long
Prothonotary, Civil Division
by:
q'"'jI!A/ O.~
Deputy
REQUESTING PAF,i1Y: & B an
Sneluaker rennern
Name Rir.hflrn. C. Sne.lbaker. Esq.
Address: 44 West Main Street, P. O. Box 318
MpchanicRblrrg. Pa. 17055-0318___
Attorney for:.Pl fl i nt i ffR
Telephone; (717) r,Q7 R'i7R
Supreme Court ID No. 06355
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