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Home My WebLink About07-2939ONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland Judge Bender specially sitting for Judge Cohick P.O. Box 155, 27 W. Big Spring Ave., Newville, PA 17241 FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Ruth Brunner, et. al. 09-3-01 Bender sitting for Cohick AUUKt55 Vh AF'F'tLLAN I CITY STATE ZIP CODE 2308 Ritner Highway Carlisle PA 17013 u.v i t yr duu~merv i IN I rlt GASt yr (r~amnrt) (Defentlant)~ 05/09/07 Lewis Straw ~ Brunn Ruth, Et. AI. LT-0000033-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. was CjrMht~llf (see Pa. R. C.P. D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sgnature of Protlronotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial Distficl Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Lewis Straw Name of appellees) o7-aq~ C~~~O NOTICE OF APPEAL appellee(s), to file a complaint in this appeal (Common Pleas No. 2007-359 )within twenty (20) days after service of~o~~r entry of judgment of non pros. appellant or attorney or agent RULE: To Lewis Straw , appellees) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~ 2007 S Si lure of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 r P• t..... L-=.' ~^ --~.~ O~ -~ -~ M ~ f` T ~ VI :... ~~ ,r A _` - ~ -; < 1 Z 0 .~o IN RE: SPECIAL ASSIGNMENT OF MAGTSTERTAL'DTSTRICTJUbGE TN TIDE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIJIVNSI,VANIA CIVIL AC'T'ION -LAW' 2407-359 CIVIL TERM ORDER OF COURT ANA Nd'4V, April 24, 2007, after having reeeivcd a written request from Magisterial T)iatrict Judge Vivian T. Cohicic that she has ~cuscd in Lewis Straw vs. Ruth and Milto~a Brunner, it is hereby directed that Magisterial District Judge T~amld E. Bender be assigned to hear the case. The hearing is scheduled for Monday, Nlay 7, 2007 at 2:00 P.M. at Judge Bender's office. sy the Court, Vivian J. Cohick Magisterial District Judge 09W3-02 I~arold E. Bender Magisterial T7-istrict 49-3-01 ~~ ror Ungar ts. tsayiey, r.~. IANIA ' ' ~ NC~T{'~~ ~F ~~~M ~~' CR1P''rt' ~ QF PEN#*1~YI.,~ ~NINEAI. 1 ' ~ L~~ ~~~~~~N~ ~1' QF: COIJhi ~,raeeana~ PI,AJMmr~: 1 Abp, CIa:. Np, ~~~~^~~ r ~.~.,~y~~ ~~~ `~ M4Jt~Mnrt Man. ~~ ~ ~~ '~~{~"rld >ccz ~ . ~ ~.,, vs. ~7 w >~=a ea~x~ ~'~ a>:~~oANr; ~ ~r P1 ,~+~« t7~T t ?7ii~w~1A7 ~.7$~1~ ~r ~~"~r ~ ii~+• ~~0~ ~'!'~ Br~F Cf1~tLT8LEa ~~!- ~,TO~~ ~ ~ 'iR~TT.~ CD>i~C~ pmt No.: ~~'-OOaf*o~~~a? Po ~ ~,~~ ~7 Ilif 9Z6 ,~v~ deb Fi4~d~ ~/~~,/87 1'iLSR ,~~ ~7~~~ ~~' i~ TO NQ'i1F~ 110U '~"#1~~~ Jud~mdt~t: "- ~ Judgment wss entered tar, (lVame~ In .iudSnerrk was entered ~Elinst vn ~6I~g/p7 ti7~ate of JudgtroeM7 [~ i~ndbrdlY~nt aaian in the ernount aii $ • ~ TJI!ltr'ie! Jw,i~, ie ;$ l~h~ >rmowrlt al Wont per month, as ealebtl~h~ by ehe Me19i~ A The t-atel ernount of tfi~ 51wcu ' iaa~ oslt is ~ ~ewnt~ i~apaslt App oo ~r$ ~-d~udi Total ,4rnn~irlt Estee a~~J O~ „ 1_ .~i~ a O ~ Ae; n~Arraets M~okl ~r +SI'ty .•+ '- . 00 ~ ~.~I~M~i ~ damageSllln ust p~entbn ~~ Anrtk ~ ~~~~ fpm ~m~s C,Umpialnt ~ ~ Interasl (If pravidad by lease) $ tJi' Judgrt~rrt An~nlrit !8 Atla~hment l~ec~t+ibited! .lodgment ~~ ~ ~ D~I JAl~ 4~ Pa.CS, § B9~ Attorney Fees v. This e> ~li8miseed vriMout pre~jus~ise. 7v~1# Jr>Idy~rsl't ~ +! . t35 S98i0r! rrantsd ~ F Post Jud~rnerit Qr~dits $ . g 4S~i PC6t Ju~Jrl'1ar1E ~i>AXS $ COrt#ftf3d .1t,1[#gR1~ ~'stbal $ Passion grarst~d it money judgrrrertit i ~ 1$ ~ rrle +~f1 an. ~„ J Possi~on I~dt ~rant~_ ~ endartte $re jairltly and »liy 41eb1 . ~-- Iai Ak JIC77C1N IAIUg6Y1pIQ Q PAl. ~pSE, ANY t~Ap'IY HAS Tlf~ FriQMT Tp APPEAL FROM F JUQ~IENT FdR ~ d1~AiMH1'r' SY F~41N6 A NOTIC.S DP APPFAI, WI'iH TIl~ PRQ'TH4Nar~-ti-CA ~ OF ' ' SSICH VMITMI+1 ~ R'1'S E ~Y iER TItE p~A7 TEN DAXe Al I~ Tlii: GCU~IT QF 4C111NCIM PLEAS, ~11tL driSWM. TM13 APPP..At, WILL IMCI.IJpS Atw APPlJ-w~ OF'1'tiE MST J1#OGMFI'a', TII~ API~LLANT MUe-'f' SIT WITH'tltl: PF#C'RiQN4TAA''~l~-,SgK of CrGtIJRTS TFi~ L DI~q TO OBTAIrl A AIJPBR9~AC ER aP . OR Tr~fr A WIT tdR'ti'tt? RBHT IWCTtIALLY IN AI~Ai'~ +iN ~ ~fATI& 91tE APPEA~h IS FILFA. Y 7M11~ NioNtwY PbA7101i1 QM' A JCtdGIYIH{'ITINYOLVIN~ A ~1TaSHT1AI. I.eAl3~~ TWA PA AL O~II MES'1 ' r I1AS . 0 APPE AlRi1r t1115 IF A C AM9 AFTSR'i't~ OA'Tta 11F G1~1TRY OFJ IM wMllCtl Ta AI.IC A tMO'nae ~ APPEAL YYkA'N'11iE PRD'~HOHaTARY RK ~F 30 p GOUFr['` Qif 'CH1: CotA~t ff 4f O~AO~i PLE~4S. ~NII, dIVIBICII'I. THR PARTY r41.1t~ AN APPI!!AL Mr~T INCLUDE R I:QPY OP Tfi1S 11D111~ ~4F atap4l~AtN~nIP1' PQP1M Wfrii Ti'p' N ' tlOF APPEAL ~ Jug >`~'t AS wlsa t+Ap tl+l~+e H o~ cm~ P~oc~Jx~ rola wAd~ititAL o18TPIIC'I'•N~ ~ A~4 ALL FAR PROCESS MUST cQM6 F~IOM COURT QP CgMSIQT~I P{ F T 1 ' ' ' B ODUR'r . . !V TM8 ~'iS ,ItID19A~eAt [gG ExIT~R HOLDER 1=L~1 s KIP OOMIIIfOW inJ~ ~-Na na 1"tfR PIIItaCE+9 AtAY IID IfSbtl~ sr its r~l4t~~L a19TAtUTruoGe . 1MIG6SS THLJ~lIMr~NG1V1' Is ~ ~ THIS ~camTQr Co~IIOI~ PI„SA9, ANIRAPIH iNtT~ ny ride auia~l~'I' our fi A REO<IS51' FOf1 EFrNftlr ~ SATISPAR'tildlbt WlTti TI•E MgQIiIT6AlAL DISTFlICT JUO~E 1~'[i~lE Jl~lId1;N7 ~~17CiR PAYS IN SETr1,fi~4, (!R OTHrS Cb1I11P1.1ES Wrl'Ii TN6 JUG ~~ a ~ , hltS ialerieil G4islrict.lu ~~ Date GAf1i dt t 1!! q t(U~ A~ COna~ A Q ~ ~~ ~ GQn~11113~~ U MI'ISII t M8~i8GDrti13 DlStridt Ju I~ hiFi1'-17-200'7 ~.01~Bph1 ~ Frcm: ~ ~ ~ ~ ~ TD: DJ Bi=~Jbl~ PA~e:09'1 ,~i09x ti•Z'd ~13Z69LL~ot 6~E2~SLtiL i`I~~C~B rQ:woad Zb:O~ Ll~-LT-1,dW _.. COMMONWEALTH O~F~yP~E~N~NySYLVANIA .~~~ ~w~Y1/ At. i.'u~+ yvv~~, . v MAg. dd. No.; 09-3-03 MQI Name; Hdt. vivu~s cosxc>It` Atltlroae: gp Ht03: 155 37 ~ sxa 8~t1'Jp<~ x~v$ ~IIfILL~, P11- ta~~+o~+~: t717) 776-3187 17743, YJ.QI11>ri QOSTGS FO HOS 155 37 '~ HI® SPAS ~~ i91~MPZLL>dL, Ply, 17241 NOTICE OF JUDCIVIENTITRAI~SCRIPT RESIDENTIAL LEASE PLAINTIFF: NAN~E ono AODRES3 ~ rST'B1L1~. L8N18 19, DAL ~tLL9 CTytCL1! error caBpg~t+~. p3~ 17 07 a ~ ~ vs. DEFENDANT: NAME one nDDaESS 2 3 0 8 SLI~JI~it >8lfi1fl11111* Cl!-~a1BL~, P~ 17013 L -~ pocket Na.: L'i"-0000033-07 Date Filed: 4/24107 TH1S IS Td NOT[1=Y YQU THAT: Judgment:._ ~o'.Q ~LI~1111'~T - """ ~ Judgment was entered for: (Name) ~~ I~IIB Judgment was ®ntered against $~~~~R-~.. -- to a 0 LandlOrdn"enant action in the amount of $ 8 5 7.85 on 5/09/0? _ (Date of Judgment) The amount of rant per month, as established by the Magisterial District Judge, is $ AS~,~-Q• The total amount of the is Total Amount Establishe b MDJ ess • Security Deposit Appl' _ Rent in Arrears $. ~' ~00 : ~0 _ $ ~ _- Physical Damages Leasehold Property ~ - _ ~ ' 00 pamageslUnjust De#ention I"'-I Attachment Prohibited) l-I 4~ Pa.C.S. § $127 I~ss Amt Due Defendant from Cross Complaint - lnterest (if provided by lease) UT Judgment Amount Judgment Costs Attorney Fees ^ 'this case dismissed without prejudice. Possession granted. ^ Possession granted if money judgment Possession net granted. Total) dudgmeint Post Judgment Credits Post Judgment Casts CeKiipled Judgnlelr~t Total Adjudica$ted~m~ u~I~ $ S .~ ~~ _ 00 $ Od $ _ ee~ ~, aee __ e $ 8,547.85 $ $ ^ Defendants are Jointly and severally liable. IN AN ACTION INYOLYING A RE$IDEN'iIAL LEI19E, ANY PARTY FIA& THE F11SiFIT TO APPEAL FROM A JUDGMENT FOR POSSESSION WR'HIN 'TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT 8Y FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COUR'r3 OF THE COURT QF COMMON PLEAS, CML DNISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. 1N ORDER TO OBTAIN A $UPFsRSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONQTARY/Cr~.ERK OF COURTS 7#iE LE9SER OF THREE MONTHS RENT DR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FlLED. IF A RARTY WISHES 7'O APPEAL ONLY THI: MONEY PORTION OF A JUDGMENT INVOLVING A RE3IDENTIAI. LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT tN WHICH TO FILE A NOTICE pF APPEAL WITH THE PROT1iONOTAt~Y/GL,ERK OF COURTS OF THE COURT OIL COMMON PLEAS, C1YIL fl1Yt;310N. THE PARTY FlUNG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENi'R'RANSCRIPT 1.ORM WITH Tlii: NOTICE OF APPEAL EXCEPT A5 OTHS:RWISE PROVIDED IN THE RULES OF CML PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES. IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT QF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED NV THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OP SATISFAG~'tON WRH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIER WIYH THE JUDGMENT. Data , Ma®isterial pistrict Ju ~rti tat is is a true an correct copy t e t e prooee mgs can aming t eau gmerrt. _- Date __ _ _ ,Magisterial District Ju M~aommission expires first Monday of January, a0~.3. SBAL ~ l ,. - - - ~ . ~ i .yl r,' . i : r:= ~,~ ? ~4 :_ C~:~ i,,-' V ,: j l t°k` _a7 b ~~ -{ PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas 0 7 - 2 9 3 9, upon the District Justice designated therein on (date of service) 5 n"~ , 20 0 7 ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Bryan Shook, Esq. , on 5 ~ g , 20 0 7 ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFF E )ANDS CRIBED BEFO ME THIS ~F , 20~. ~ Signature ofaffiant before Title of official My commission expires on 20 Nor~~ newer a Noao. -arav n,e~,c CN~M6s~ollo, a~raenuu~ w P.. COI~MION Efv~pES aErrF,ae~n a, xooQ ~ceeoe-oz-r~-tay~ ~...~~ pjav+auw'4orr~, . ~ ~ °' PS forntf CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Proof of Service of Notice of Appeal and Rule to File Complaint by United States Mail, postage pre-paid, addressed to the following: Bryan W. Shook, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 Date: ~ Z~ 6 Stephen J. H g, Es 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 L~Shook~d=dcdiaw.net Attorney for Plaintiff LEWIS STRAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• No: 07-2939 RUTH BRUNNER AND MILTON J. BRUNNER, CIVIL ACTION -LAW Defendants NOTICE TO DEFEND AND CLAIM RIGHTS NOTICE TO DEFEND 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 may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la torte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la Corte tomara medidas y puede una Orden contra usted sin previo aviso o notification y por cualquier queja o akuvui que es pedido en la petition de demands. Usted puedo parder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Submitted Date: 5 -3 0 - o ? By: Brya .Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff 17013. (A true and correct copy of the lease is attached hereto, made part hereof and marked as Exhibit "A"). 6. On or about May 22, 2006 Plaintiff, Lewis Straw and Defendant, Ruth Brunner, signed Articles of Agreement defining the terms of Defendant's lease to own the premises at 2308 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 7. By reason of marriage and Defendant, Milton J. Brunner's, occupation of the premises with Defendant, Ruth Brunner, Defendant Milton J. Brunner, was named in this suit. 8. Plaintiff believes, and, therefore, avers, that Milton J. Brunner, was also bound by the Articles of Agreement signed on May 22, 2006. 9. Defendants failed to make any of the agreed upon monthly payments to Plaintiff. 10. The agreed upon monthly payments, pursuant to paragraph 1 of the aforementioned Articles of Agreement state that the monthly payment shall be $850.06 per month. 11. To date Plaintiff has not been paid any of the agreed upon monthly payments of $850.06. 12.AIso, of agreement between Plaintiff and Defendants was that Defendants would keep the fire insurance current on the property along with all taxes paid current. 13. Defendants are in Default with respect to the aforementioned Articles of Agreement. COUNT I -BREACH OF CONTRACT LEWIS STRAW V. RUTH BRUNNER 14. Plaintiff, Lewis Straw, incorporates and makes part of this Count paragraphs 1 through 13 of this Complaint as if fully set forth. 15. Defendant, Ruth Brunner, was obligated by the aforementioned Articles of Agreement to pay Plaintiff, Lewis Straw, the agreed upon monthly payment of $850.06 on the twenty fourth day of each month. 16. Defendant, Ruth Brunner, was obligated to keep the fire insurance and taxes paid current on the aforementioned property. 17. Defendant, Ruth Brunner, has not made any of the required monthly payments of $850.06 to Plaintiff, Lewis Straw. 18. Defendant, Ruth Brunner, has not paid the Carlisle Area School District Tax which came out on July 1, 2006 for the aforementioned property. 19. Plaintiff, Lewis Straw, paid the Carlisle Area School District Tax which came out on July 1, 2006 on February 26, 2007 and has yet to be reimbursed by Defendant, Ruth Brunner. 20. Defendant, Ruth Brunner, has breached her contract with Defendant. WHEREFORE, Plaintiff, Lewis Straw, requests that this Honorable Court enter judgment in his favor against Defendant, Ruth Brunner, in the amount of $10,200.72 which represents twelve months of unpaid rent, plus $467.53 which represents the 5°to late fee as calculated on eleven months of unpaid rent pursuant to the aforementioned agreement plus $1,796.21 which represents the unpaid Carlisle Area School District Tax which came out on July 1, 2006 for a total of $12,464.46 plus costs, interest and attorney's fees. COUNT I -BREACH OF CONTRACT LEWIS STRAW V. MILTON J. BRUNNER 21. Plaintiff, Lewis Straw, incorporates and makes part of this Count paragraphs 1 through 20 of this Complaint as if fully set forth. 22. Defendant, Milton J. Brunner, was obligated by the aforementioned Articles of Agreement to pay Plaintiff, Lewis Straw, the agreed upon monthly payment of $850.06 on the twenty fourth day of each month. 23. Defendant, Milton J. Brunner, was obligated to keep the fire insurance and taxes paid current on the aforementioned property. 24. Defendant, Milton J. Brunner, has not made any of the required monthly payments of $850.06 to Plaintiff, Lewis Straw. 25. Defendant, Milton J. Brunner, has not paid the Carlisle Area School District Tax which came out on July 1, 2006 for the aforementioned property. 26. Plaintiff, Lewis Straw, paid the Carlisle Area School District Tax which came out on July 1, 2006 on February 26, 2007 and has yet to be reimbursed by Defendant, Milton J. Brunner. 27. Defendant, Milton J. Brunner, has breached her contract with Defendant. WHEREFORE, Plaintiff, Lewis Straw, requests that this Honorable Court enter judgment in his favor against Defendant, Milton J. Brunner, in the amount of $10,200.72 which represents twelve months of unpaid rent, plus $467.53 which represents the 5% late fee as calculated on eleven months of unpaid rent pursuant to the aforementioned agreement plus $1,796.21 which represents the unpaid Carlisle Area School District Tax which came out on July 1, 2006 for a total of $12,464.46 plus costs, interest and attorney's fees. COUNT 111-UNJUST ENRICHMENT LEWIS STRAW V. RUTH BRUNNER 28. Plaintiff, Lewis Straw, incorporates and makes part of this Count paragraphs 1 through 27 of this Complaint as if fully set forth. 29. Plaintiff believes, and, therefore, avers, that the agreement entered into on May 22, 2006 conveyed a benefit unto Defendant whereby Defendant realized the use of the aforementioned premises. 30. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 31. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving access to the premises without paying for it. 32. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the agreed upon terms. WHEREFORE, Plaintiff, Lewis Straw, requests that this Honorable Court enter judgment in his favor against Defendant, Ruth Brunner, in the amount of $10,200.72 which represents twelve months of unpaid rent, plus $467.53 which represents the 5% late fee as calculated on eleven months of unpaid rent pursuant to the aforementioned agreement plus $1,796.21 which represents the unpaid Carlisle Area School District Tax which came out on July 1, 2006 for a total of $12,464.46 plus costs, interest and attorney's fees. COUNT IV -UNJUST ENRICHMENT LEWIS STRAW V. MILTON J. BRUNNER 33. Plaintiff, Lewis Straw, incorporates and makes part of this Count paragraphs 1 through 32 of this Complaint as if fully set forth. 34. Plaintiff believes, and, therefore, avers, that the lease entered into on May 22, 2006 conveyed a benefit unto Defendant whereby Defendant realized the use of the aforementioned leased premises. 35. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 36. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving access to the leased premises without paying for it. 37. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the agreed upon lease terms. WHEREFORE, Plaintiff, Lewis Straw, requests that this Honorable Court enter judgment in his favor against Defendant, Milton J. Brunner, in the amount of $10,200.72 which represents twelve months of unpaid rent, plus $467.53 which represents the 5% late fee as calculated on eleven months of unpaid rent pursuant to the aforementioned agreement plus $1,796.21 which represents the unpaid Carlisle Area School District Tax which came out on July 1, 2006 for a total of $12,464.46 plus costs, interest and attorney's fees. Respe ully Submitted, Dated: .S' 3~_ ~ ~ "tom/ Bryan W. Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 LEWIS STRAW, . Plaintiff v. RUTH BRUNNER AND MILTON J. BRUNNER, . Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-2939 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing COMPLAINT, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Ruth and Milton Brunner c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 Dated: ~7 ' 3~' 07 Respectfully Submitt/,ed,, By: '~/ Bryan .Shook, Esquire I.D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~__. ___ . Lew s Straw, Plaintiff ARTICLES OF AGREEMENT THIS AGREEMENT made this ~~ day of ~'re 2006, by and between LEW1S A. STRAW party of the first part, hereinafter called VEN R, AND RUTH P. BRUNNER, party of the second part, hereinafter called VENDEE, WIT'NESSETH: The parties hereto intending to be legally bound hereby promise, declare and agree as follows: 1. Vendor agrees to sell and convey to Vendee and Vendee agrees to purchase all of the real estate set forth and described on Exhibit "A", attached hereto, and made a part hereof by reference, for the purchase price of One Hundred Thirty Thousand Dollars ($130,000.00) to be paid as follows: The sum of One Hundred ($100.00) Dollars upon the signing of this Agreement, the receipt of which is hereby acknowledged by Vendor, and the balance of One Hundred Twenty-Nine Thousand Nine Hundred ($129,900.00} Dollars in equal monthly installments of Eight Hundred Fifty and 06/100 ($850.06) Dollars on the 24th day of each and every month beginning on the 24th day of June, 2006, until the balance of the purchase price, with interest at four and 891100 (4.89) percent per annum on all unpaid balances, shall have been fully paid by Vendee, provided that the unpaid balance shall be due and payable on May 24, 2026. Vendee reserves the right to prepay any amount on account of principal or the entire principal remaining at any monthly payment date without penalty. 2. In the event Vendee is more than fifteen (15} days late with any of their monthly payments there will be added a late charge of five (5} percent of the total of the late payment. .Any monthly payment which runs more than thirty {30) days late shall constitute a default of this entire Agreement, and Vendor may pursue all default remedies available to them under this Agreement and under the laws of the Commonwealth of Pennsylvania. v 3. Vendee agrees to pay all taxes, insurance and other charges against the land directly to the appropriate taxing or other authority. No amount of the monthly payment set forth above is to be applied to taxes, insurance or any other charges against the land. Vendee agrees to keep the premises insured against liability in the amount of at least $100,000. Vendee further agrees to keep the premises insured against fire and casualty in the amount of at least $100,000. Vendee shall designate Vendor as an additional insured on all policies of insurance required by this Agreement and provide proof of such coverage to Vendor annually. 4. Upon the payment of said purchase price, Vendor will, at the law office of David H. Radcliff, 20 Erford Road, Suite 200, Lemoyne, Pennsylvania, deliver to Vendee an executed, good 1 and sufficient deed, for the proper conveying and assuring of the said premises in fee simple free and clear from all encumbrances, liens and dower or right of dower, said conveyance to contain the usual covenant of Special Warranty except for recorded residential restrictions, utility easements and any other items of record in the County Court House as the date of this Agreement. The title to said premises shall be record title, good and marketable as aforesaid, for at least sixty (60) years and such as will be insured by any Title Company licensed in Pennsylvania at regular rates. All objections to title of the premises are hereby waived and Vendee shall accept title to the premises in its existing condition except for any item that comes into existence after the date hereof. 5. Possession of the said premises is hereby delivered at the time of signing this Agreement by Vendor to Vendee. 6. All realty transfer taxes if any, in effect at the time of settlement and levied by the Commonwealth of Pennsylvania or any pclitical subdivision thereof shall be paid one-half by each party. 7. Vendee shall have responsibility for the septic tank or cess pool on the real estate. Vendee shall be responsible for all repairs and upkeep and shall not permit any waste or damage to occur to the Premises. 8. Vendee shall comply with all housing code standards, fire, safety, or other governmental ordinances, requirements or regulations now in effect or hereafter enacted that involve said premises and shall promptly pay any and all assessments or other' charges levied against the said premises by any governmental body. 9. In the event any mortgages or judgment liens are on the premises or placed on the premises by the Vendor, and default in same is made by Vendor, the Vendee shall have the right to pay on said obligation and receive credit against the unpaid principal on date of any such payment or payments. 10. Vendor represents and warrants that no notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon Vendor, or Vendor's agent, calling attention to any violation of any building, fire, safety or other ordinances or requiring or calling attention to the need for any curbing, recurbirg, paving, repaving or other construction or improvements on or about the premises or removal of any nuisance therefrom. 11. No municipal or other governmental improvements affecting the premises are, as to the date hereof, in the course of construction or installation, and to the best of Vendor's knowledge no such improvements have been ordered to be made. 12. All street paving, curbing, and other municipal or other governmental improvements which have been constructed or installed have been paid for and will not hereafter be assessed and all assessments heretofore made have been paid in full, except the required tap in fees for w°ater and/or sewer connections which shall be Vendee's responsibility. 13. In the event the Vendee default in any of the provisions in this Agreement, then at 2 the option of Vendor all monies theretofore paid on account shall be retained by Vendor as liquidated damages and the rights of Vendee in this Agreement shall terminate at the time thereof and-the right of possession shall be in Vendor. 14. Vendor shall not declare this Agreement in default before first giving thirty (30) days written notice stating the default relied upon with Vendee to have the right to prevent the Agreement being in default by correcting the default within thirty (30) days from the mailing date of the said notice, which notice may run concurrently with any other notice required by the law of Pennsylvania. 15. The signing of this Agreement by both the Vendee and the Vendor shall place the terms hereof into effect despite the failure of either or both parties to notify the other of their acceptance of this Agreement. 16. Failure of Vendor to insist on strict performance by Vendee of the terms of this Agreement shall not be construed as a waiver, release or relinquishment thereof. 17. In the event that any defects exist that would not make the title of the premises good and marketable as herein provided, Vendor shall have a reasonable time to correct same after being apprised thereof by the Vendee. 18. -This Agreement may not be assigned, set over or transferred by Vendee, and Vendee may not enter into any Agreement for sale of all or part of said premises or transfer of any interest of Vendee in this Agreement without the written consent of the Vendor. Said consent may not be unreasonably withheld, but the full amount due shall then be immediately payable by Vendee, her successor or assigns. 19. All payments, notices and documents required by this Agreement shall be sufficiently delivered, if mailed by certified mail, postage prepaid, return receipt requested, or personally delivered to one of the parties to this Agreement as follows: (a)To Vendor, addressed as follows: Lewis A. Straw, 14 Drexel Hills Circle Drive, New Cumberland, PA, 17070 (b) To Vendee, addressed as follows: Ruth P. Brunner, 2308 Ritner Highway, Carlisle, PA, 17013 or at such other address of which the other party receives written notice. 20. Vendee shall upon presentation of the tax bills pay the real estate taxes by delivery to the Vendor of sufficient cash or a certified check payable to the tax collector and shall pay any and all other utilities that are lienable against the title to the premises herein described. 21. Vendee agrees that she has inspected the premises herein involved and no representation has been made by Vendor as to the condition of the premises or septic systems there in involved, except as herein stated. The premises are purchased in the present condition unless otherwise specified herein. 22. Vendee and Vendor represent and warrant to each other that no broker vas instrumental or involved in any way in negotiating this transaction. 3 23. Formal tender of any executed deed and purchase money is hereby waived. 24. Wherever used herein the singular number shall include the plural and the plural shall include the singular. The use of any gender shall include all genders and the words Vendor and Vendee wherever used shall include their heirs, executors, administrators, successors, and assigns except where otherwise herein provided. 25. In the event Vendor cannot deliver good title to the premises as herein provided and Vendee is unwilling to accept title to the premises involved herein in its then existing condition then this Agreement shall be terminated and Vendor shall refund to Vendee all monies paid on account less the fair rental value of said premises for the period Vendee is in possession until termination of this Agreement. 26. No representation by Vendor is hereby made or has been made as to authorized uses of the premises by any existing zoning or government regulation. 27. No delay or omission of either party hereto to exercise any right or power accruing upon any non-compliance or default by the other party with respect to any of the terms, covenants or conditions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. 28. In the event of any default by the Vendee in any of the provisions of this Agreement to be performed by Vendee after notice of default to Vendee without the cause for default being corrected as herein provided, the remedies of the Vendor shall be the following: (a) Retain all monies theretofore paid to Vendor by Vendee as liquidated damages and ternunate this Agreement with Vendee thereafter having no interest whatsoever in this Agreement and premises herein described with all improvements to the premises herein described made by the Vendee to be the property of Vendor and Vendee shall pay to Vendor upon demand of Vendor the reasonable cost of placing the premises in the same condition as they are at the time hereof except for ordinary wear and tear with the right of possession immediately vest in Vendor; and (b) Vendee does hereby authorize and empower any attorney or the Prothonotary of any court of record to appear and confess judgment against the Vendee in an amicable action of ejectment for said premises and authorize the immediate issuing (without asking leave of court) of a Writ of Habere Facias Possessionem, with Writ of Execution, for all sums due under this agreement, the amount of costs, and an attorney's commission of five (5) percent in each case waiving the benefit of any law exempting property from levy and sale, waiving the right of inquisition if levy is made on land and consenting to condemnation thereof with liberty to sell same on Fiere Facias, without stay of execution, and with release of all errors. 29. This Agreement contains the whole Agreement between the parties and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever and it may not be altered, amended, or modified other than in writing executed by the parties hereto. This Agreement is governed by the laws of the Coinmonwealtli of 4 Pennsylvania. IN WITNESS WHEREOF, the parties hereto on the day and year first above written, have executed this Agreement, typewritten on five pages numbered consecutively with an Exhibit "A", have hereunto set their hands and seals the day and year first above written. WITNESS: 7 , SAL) UTH P. BRUNNER (~-- (SEAL) LEWIS A. S RAW COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) On this _~~ day of ~ --~ , 2006, before me, a Notary Public, the undersigned officer, personally appeared TH P. BRUNNER, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Not lic COMMONWEALTH OF PENNSYLV?NIA DARCIE A IVEIILLNotary Public Baro of Carlisle, Cumberland County My Commission Expires No~~ 24, 2009 COMMONWE TH OF PENNSYLVANIA ) SS: COUNTY OF _ YYl ~ ~ ) On this day of , 2006, before me, the undersigned officer, personally appeared LEWIS A. STRAW own to me (or satisfactorily proven) to he the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my handed official seal. Notary (.OMMOt~~'EHLT- H.OF~ NSyLVANIA NOTARIAL SEAL DARCiE A, h'ElL, tVotary public Boro ~ot Cartisia, Cumi;eriand County hly Commission ;Expires tdov. 24 2009 EXHIBIT "A" All that residential dwelling known and numbered as 2308 Ritner Highway, Carlisle, Pennsylvania, and one acre of land surrounding the dwelling with deeded access to the .public highway to be determined by a survey and allocated from land of Vendor to be acquired from Richard L. Noggle and Phyllis E. Noggle on May 24, 2006 ^~:~ ia3 <. - V C1 t`.s y =r ~ ::- . C : '47 ~ "~~ t~ ~ ~~ C ~,~ ~ ~.. .. ---i _ ~ Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 1351ux~l:acdcclla~~-.net Attorney for Plaintiff LEWIS STRAW, Plaintiff v. RUTH BRUNNER AND MILTON J. BRUNNER, . Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-2939 CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff and against the Defendants, Ruth Brunner and Milton J. Brunner, for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment for $12,464.46 ,'plus interest, attorney's fees and costs of suit. The undersigned certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to the Defendant on June 22, 2007 and copy of said Notice is attached hereto. The Law Office of Darrell C. Dethlefs _-~- ~ ~~ Date: 7 ~ By: Brya .Shook, Esquire w i Bryan W. Shook, Esquire 1D # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 l~4xx?l.(u diiilarr'.ttet Attorney for Plaintiff LEWIS STRAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No: 07-2939 RUTH BRUNNER AND MILTON J. BRUNNER, CIVIL ACTION -LAW Defendants To Ruth Brunner and Milton J. Brunner, Defendants You are hereby notified that on July 3, 2007, the following Judgment has been entered against you in the above-captioned case. Judgment for Plaintiff in the amount of $12,464.469, plus interest, attorney's fees and costs of suit. DATE: L1~~ ~csa ~ s r thonotary /~-` I hereby certify that the name and address of the proper person(s) to receive this notice is: Ruth Brunner and Milton J. Brunner c/o Stephen J. Hog4 Esquire 19 S Hanover Street Suite 101 Carlisle Pennsylvania 17013. A Mike Hunter Construction, Defendido/a Defendidos/as Por este medio se le esta notificando que el August 21, 2006, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Judgment for Plaintiff in the amount of $12,464.469, plus interest, attorney's fees and costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a 0 segun indicada en el certificado de residencia: Ruth Brunner and Milton J. Brunner c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle Pennsylvania 17013. Abogado del Demand ante The Law Office of Darrell C. Dethlefs Date: 7 3- y 7 By: ~ __ Bryan .Shook, Esquire ID# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone 717-975-9446 BShook@dcdlaw.net ~, LEWIS STRAW, Plaintiff v. RUTH BRUNNER AND MILTON J. BRUNNER, : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 07-2939 CIVIL ACTION -LAW TO: RUTH BRUNNER ~ MILTON J. BRUNNER c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 DATE OF NOTICE: June 22, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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: DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 717-232-7536 A: RUTH BRUNNER 8~ MILTON J. BRUNNER c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 FECHA DE NOTICIA: June 22, 2007 NOTICIA IMPORTANTE LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (10) SIRS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE LISTED PUEDE OBTENER LA AUYDA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 Respectfully Submitted, Date: (~'~ ~~'~ Bryan .Shook, Esquire I.D. # 203250 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff ..J G W Ci` ,.J a (,s W C'? ~_. ~ -r:~ ~v. ~- '= ` ~--' _ r, -; ~.~ . -~ •- c: ~ `: ,~G. G ra __., t._.. r-- ca ~_ c~ w C7 -~ ~-s z -;, _.~ ~'( t ; c-; ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: vs. RJT~ IJrvriY~tf t M ~ ~~or 1 !! 3 Da k F Ian ~ oa~ Ne.., v~ )le ~ PA -~~~-1 ( )Confessed Judgment (X) Other File No. ~ ~- a ~ 3 Amount Due 1~~ N 6 y y~ J< ~~~nr-e^ : Interest Gq~ APR Atty's Comm 1,~`In , Costs ~' /b /a 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. Issue writ of execution in the above matter to the Sheriff of ~ vr, be:' ~a~ County, for debt, interest and costs, upon the followinJg described property of the defendants} l p t./`y nr,cy I p r d~f /' TT PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, far 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 of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real defendants} described in the attached exhibit. ~~ ~.a Date ~ ~- 3-D 7 Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No. eA~sta~e of the ~ ~ ~2~~v .~ N w. a ~ ~~ ~a,-~-~ s~ co ~ ~; JJ,, P~ ~ ~ ~J~ Le•,~;s StfpL.., PIQ;~~;ff 717- ~ >S- 9 y y ~ a v ~~ a,s~ (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. a ~ "C ~'~ W 17 O~ Z ~ ~ ~~ ~ ~ T' r cn ~~ . y ~7 N Q O ~..~1 G.._ ~"~ 4J A- t.,p rv 0 ~~ ~~ c~ { ;) ~~~C~ y~~. f'Cll :Zl ~'C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2939 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Lewis Straw Plaintiff (s) From Ruth Brunner and Milton J Brunner 163 Oak Flat Road, Newville, Pa. 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell All Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendants} not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $12,464.46 Interest 6% APR Atty's Comm15 Atty Paid $2.50 Plaintiff Paid $38.00 Date: July 3, 2007 (Seal) L.L. $0.50 Due Prothy $2.00 Other Costs s is R. Long, Prothonota Deputy REQUESTING PARTY: Name Bryan W Shook, Esq. Address: 2132 Market Street Camp Hill, Pa. 17011 Attorney for: Plaintiff Telephone: 717-975-9446 Supreme Court ID No. 203250 HAROLD S. IRWIN, 111, ESDYIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (T 1 T) ?A3-6090 ATTORNEY FOR DEFENDANT LEWIS STRAW, vs. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA RUTH BRUNNER and MILTON J. BRUNNER, Defendants TO THE PROTHONOTARY: CIVIL ACTION -LAW NO. 2007 - 2939 CIVIL TERM PRAECIPE Please enter my appearance for the defendants in the this matter. IRW L W OFFICE July 11, 2007 HAROLD S. IRWIN, III, Attorney for Defendan 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney ID No. 29920 ~"~ C1 ~ C". --' c - . -c7 ti:A'' G ~~ ~„ -,,~ ;.. ^}:: ~.~. ~" <. ' '~'~ r _ v' ~~ -. ~=~ C,t1 _.G, ~ ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states23 this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriffs Costs: Advance Costs: 150.00 Sheriff s Costs: 134.34 Docketing $ 18.00 15.66 Poundage 2.64 Advertising 10.00. Law Library .50 Prothonotary 2.00 Refunded to Atty on 08/21/07 Mileage 34.56 Surcharge 30.00 Levy 20.00 Post Pone Sale 15.00 Garnishee Postage 1.64 / y ~ 6 7 TOTAL $ 134.34 ~ ~ ~ So Answers; - ...1~ o R. Thomas Kline, S ' ff ~ BY ~}~( 9~ .a w ~) i ~ ~~ d ~ - 1(1(' LOOT ~,~~ GC ~ .~ b 1 (~,~,, t 9 ~Go ~- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO07-2939 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Lewis Straw Plaintiff (s) From Ruth Brunner and Milton J Brunner 163 Oak Flat Road, Newville, Pa. 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell All Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee f s) is enjoined from paying any debt to or for the account of tbe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $12,464.46 L.L.$0.50 Interest 6% APR Atty's Comm15 Atty Paid 52.50 Plaintift'Paid $38.00 Due Prothy $2.00 Other Costs Date: July 3, 2007 (Seal) REQUESTING PARTY: Name Bryan W Shook, Esq. Address: 2132 Market Street Camp Hill, Pa. 17011 Attorney for: Plaintiff Telephone: 717-975-9446 /5 ! G; ~ ~~ ~'irh's R. Long, Prt~tl~onutary Deputy Supreme Court ID No. 203250