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Home My WebLink About01-05996 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ALLEN L. ARTZ Executor for THE ESTATE OF RALPH J. OLIVER, Plaintiff V. THOMAS A. MUNZ and BRENDA MUNZ, Defendants CIVIL ACTION - LAW C? w, No. Q/- S791. %f l L('W-_._"." 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 attorney and filing in writing with the 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 maybe 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion ypor cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 LAW OFFICE OF MICHAEL J. HANFT Michael J. Hanft, EAuire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ALLEN L. ARTZ Executor for THE ESTATE OF RALPH J. OLIVER, Plaintiff CIVIL ACTION - LAW V. THOMAS A. MUNZ and BRENDA MUNZ, Defendants No. 01- S'991? COMPLAINT el U l ? AND NOW, this a1day of October, 2001, comes ALLEN L. ARTZ, Executor for the ESTATE OF RALPH J. OLIVER, by and through his attorneys, The Law Office of Michael J. Hang, and files the following Complaint, and in support thereof avers as follows: Allen L. Artz (hereinafter "Plaintiff'), Executor for the Estate of Ralph J. Oliver, is an adult individual residing at 3 North Baltimore Street, Apartment A, Dillsburg, York County, Pennsylvania 17019. Ralph J. Oliver, who survived his wife, Dorothy Oliver, was an adult individual who formerly resided at 815 Deatrich Avenue, Middletown, Dauphin County, Pennsylvania 17057. Mr. Oliver died on June 23, 2001. 3. Plaintiff was named Executor for the Estate of Ralph J. Oliver by the Schuylkill County Orphan's Court on July 9, 2001. A copy of the Short Certificate is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 4. Thomas A. Munz and Brenda Munz (hereinafter "Defendants"), who were at all times relevant hereto, husband and wife, are adult individuals whose current address is RR 2, Box 169, Emporium, Cameron County, Pennsylvania 15834. 5. It is believed and therefore averred that Ralph and/or Dorothy Oliver (hereinafter collectively the "Olivers"), made a series of loans to Defendants from 1981 through 1997 totaling in excess of Eight Thousand Six Hundred Forty ($8,640.00) Dollars. A copy of Plaintiff's accounting of loans made to Defendants by the Olivers is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof. 6. It is believed and therefore averred that Defendants made a series of payments to the Olivers from 1984 through 1996 totaling approximately Five Thousand Seven Hundred Thirty ($5,730.00) Dollars. See Exhibit "B". 7. On September 16, 1999, Plaintiff sent to Defendants, upon request of Ralph J. Oliver, a letter requesting payment of the Eight Thousand Six Hundred Ninety-Eight and 25/100 ($8,698.25) Dollars loaned to them by the Olivers. A copy of the September 16, 1999 letter is attached hereto as Exhibit "C" and by reference incorporated herein and made a part hereof. On September 21, 1999, Defendants responded to Plaintiff's letter stating that they had talked to Ralph J. Oliver sometime "in the spring of [the] year" and that an agreement had been reached between Defendants and Ralph J. Oliver that the outstanding debt totaled Two Thousand Nine Hundred Eighty-Seven ($2,987.00) Dollars. A copy of the September 21, 1999 letter and accounting of the balance (hereinafter "Agreement") is attached hereto as Exhibit "D" and by reference incorporated herein and made a part hereof. 9. In the Agreement, Defendants were to begin making payments in October 1999 on the Two Thousand Nine Hundred Eighty-Seven ($2,987.00) Dollar debt in the amount of at least Fifty ($50.00) Dollars per month. See Exhibit "D". 10. Pursuant to the Agreement, on October 29, 1999, Defendants made the first Fifty ($50.00) Dollar payment to Plaintiff via check number 1118 thereby reducing their outstanding loan balance to Two Thousand Nine Hundred Thirty-Seven ($2,937.00) Dollars. 11. Pursuant to the Agreement, on February 18, 2000, Defendants made a second payment to Plaintiff in the amount of One Hundred Fifty ($150.00) Dollars via check number 1190 thereby reducing their outstanding loan balance to Two Thousand Seven Hundred Eighty- Seven ($2,787.00) Dollars. 12. Since February 18, 2000, Defendants have made no payments to Plaintiff on the outstanding loan balance of Two Thousand Seven Hundred Eighty-Seven ($2,787.00) Dollars. 13. Defendants have defaulted on the Agreement and in the re-payment of the loans made to them by the Olivers, even after Plaintiff has demanded re-payment of the same. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against the Defendants, jointly and severally, in the amount of Two Thousand Nine Hundred Eighty-Seven ($2,987.00) Dollars, plus costs and Plaintiff s attorneys fees in the collection of this matter with Defendants being given a credit of Two Hundred ($200.00) Dollars for payments made. Respectfully Submitted, LAW OFFICE OF MICHAEL J. HANFT c Michael J. Hanft, Esquire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff ?I VERIFICATION The foregoing document is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Register Form No. 4 SHORT CERTIFICATE STATE OF PENNSYLVANIA, COUNTY OF SCHUYLKILL ss: I, GEORGE A. URITIS, Register of Wills in and for the County of SCHUYLKILL, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that-on the 9th day of July in the year of our Lord two thousand and one LETTERS Testamentary on the Estate of RALPH J. OLIVER deceased, late of the City of POTTSVILLE were granted unto ALLEN L. ARTZ Executor having first been qualified well and truly to administer the same. Said administration is still in full force and effect. Date of Death: June 23, 2001 FILE NO. 2001-62SE Given under my hand and seal of office this 9th day of July 2001. j Register of Wills Per la Deputy Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL .? ?????? S A N n 2 h u z tr 7- 1 L 0 ? li lt = 1 1 1 1 i '. i 1 i t 7 7 a g = t E v 5 1 1 I t L =L 1 1. 'l L? A r n p a 2 n u u w P ,? Ir 9/16/99 W. & Mrs. Thomas Manz R.R. 2, Box 169 Emporium, PA 15834 Tom 6 Brenda, Uncle Ralph visited with me on Saturday, September 11, 1999. Among the things we spoke about was money that he and Aunt Dot had lent to everyone. Uncle Ralph told me he wants paid back the money that he and Aunt Dot lent to everyone. I reviewed Aunt Dot's records and from what I can put together, you and Brenda owe Uncle Ralph $8,698.25 (less any interest). I have copies of all their cancelled checks/check stubs, made payable to you or Brenda, along with the deposits slips for the monies you and Brenda repaid them. If you disagree with this figure, send me copies of your cancelled checks or whatever paperwork you have. Uncle Ralph also said that the last time you spoke with him you said you were going to start to make payments to him. This is the second time in the past year that he told me you or Brenda were going to start paying him back. Also, Zone to call him owed to him. He said he gets very upset and doesn't want to talk about it. He asked me to tell everyone that owes him money to deal with me directly. I am passing his wishes along to everyone. You are to deal with me, and not to call Uncle Ralph. I want you to understand that there's nothing personal, but as Uncle Ralph's Power of Attorney, I'm obliged to collect any outstanding debts owed to him. Please let me know what your intentions are regarding paying Uncle Ralph back. Regards, Allen Artz 3 N. Baltimore St. Dillsburg, PA 17019 (717) 432-0304 9/21/99 ALLEN ARTZ 3 N. Baltimore Street Dillsburg, PA 17019 Allen, We received your, letter dated 9/1G/99 on Monday, 9120/=!9. In the spring of this year while visiting with Uncle Ralph, Brenda went over a paper with him (that he had hand-written) of money loaned to Tom & Brenda. Both parties agreed that this was the amount owed to him unless Brenda checked and found any other payments made. ($2987.00) Brenda hand- wrote a copy of this paper for our records and put the original written by Uncle Ralph in the box on the desk marked "dills for Ailen". (A copy of Brenda's hand-written copy is enclosed). We cannot understand/comprehend where ynu are gettlnq the tiqure of $8,698.25 (less any interest). For your information, we have als? tried 'co make some Payments in the past and Aunt Dot returned them. She stated she and Uncle Ralph knew we needed the money more arid didn't care about the loans they made to us. She and Uncle Ralph knew we would pay when we could and that we wouldn't take advantage of them because we were the only family that ever visited or did things they needed done. If you remember, We did state this fact to you after Aunt Dot's passing, At that ti ,e we also stated we ki„ew we owed thefn between two and three thousand dollars. Uncle Ralph stated at that time also, he didn't care about what we 'D'w?: _d 1-tim, he just w1nted to CCi eCt t : money from the others. woui_. Tom spoke with Uncle Ralph two weeks ._lcgc., and did indeed tell him 'wle start sending payments in October (after David's wedding in September). Uncle Ralph does confuse times when you talk to Ylim, as I'm sure yo i ,,7ell know. Our intentions are to start paying Uncle Ralph $50.00 per month starting in October. you know where to reach us. Hcpa thi= Gears things u) Regards, OM Tom and jBenda Munz - - - 737 00 7oD, cn oa -- _._?3_X57._ad--------------------------.---------------------------; d98 as - --. - -- --- - - -' r ? n r t ?' C f l ? _ `; z ? U W °L ARTZ,AUgN 1 IT A6 Y' A EC AL No. 2001 STATEMENT OF iNTENTtON TO PROCEED Ta the Cowr Allen L. Artz, Executor of the _ta pWoWd W*hfta&ove Estate of Ralph S. Oliver aftw-112=4?- III 15893 AtWro*yter Plaintiff Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor C)I- 599/,D CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573