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HomeMy WebLinkAbout07-5152REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(c~,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a~ReagerAdlerPC.com 2331 Mazket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors. LP BRANDY INVESTORS, LP, Plaintiff v. CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. D '7- ~l .tea.- cJV~ l f-~,» CONFESSION OF JUDGMENT IN EJECTMENT CONFESSION OF JUDGMENT IN EJECTMENT Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appeaz for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against Defendant for possession of the real property described below: The office, wazehouse and machine shop facilities located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, REAGER & ADLER, P.C. Date: August 27, 2007 Jo . Pietrzak, Esquire A orney for Defendant /f REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@Reat~erAdlerPGcom BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a~Reas~erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors. LP BRANDY INVES~'ORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION CALABRESE & SONS, INC., NO. ~ '7 ~- s) S~- Defendant CONFESSION OF JUDGMENT IN EJECTMENT COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION OF REAL FROPERTY 1. Plaintiff, Brandy Investors, LP (hereinafter "Brandy") is a Pennsylvania limited partnership with a mailing address of c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, Pennsylvania 17043. 2. Defendant Calabrese & Sons, Inc. (hereinafter "C&S'~ is a Pennsylvania corporation, with a mailing address of 406 Brandy Lane, Mechanicsburg, Pennsylvania, 17055. 3. This is an action to confess judgment for possession of real property arising out of C&S's default of a commercial lease entered into between Brandy and C&S on June 9, 2006. 4. Judgment is not being entered by confession of judgment against a natural person in connection with a residential lease. ,- 5. The property at issue is a building located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055, which houses office, wazehouse and machine shop facilities. 6. On June 9, 2006, Brandy and C&S entered into a commercial lease agreement (hereinafter the "Lease's under which Brandy demised and let the building at 406 Brandy Lane, Mechanicsburg, Pennsylvania, 17055, which houses certain office, warehouse and machine shop facilities, to C&S for a period often (10) years. 7. C&S has defaulted under the terms of the Lease by failing to pay the rent due and owing for July and August 2007, in the principal amount of $47,850.42, not including applicable late fees and interest. 8. C&S has further defaulted under the terms of the Lease by failing to pay taxes due and owing in the amount of $10,000 and current insurance premiums due and owing in the amount of $7,596.67, plus $2.59 per day beyond August 6, 2007. 9. A true and correct copy of the Lease under which Defendants have confessed judgment is attached hereto and incorporated herein, as Exhibit "A". 10. The. Lease under which judgment is being confessed has not been assigned. 11. Judgment upon the Lease has been entered in Cumberland County under docket number 07-4722, for Confession of Judgment for money damages. 12. Judgment in ejectment and for possession of the real property at issue is demanded as authorized by the Warrant of Attorney contained in the Lease attached as Exhibit "A". 13. The Warrant appearing in the attached Lease is less than twenty (20) years old. WHEREFORE, Plaintiff, Brandy Investors, LP, demands judgment in ejectment against Defendants, Calabrrese & Sons, Inc. and Joseph Calabrese, and for possession of the building located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055 as authorized by the Warrant appearing in the attached Lease. Respectfully submitted, REAGER & ADLER, P.C. Date: August 27,2007 J~-Re . Pietrzak, Esquire mey I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Mazket Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff, Brandy Investors, LP ,,. c_. ' - ~-,_ c~ rn -~ na _ ~ _•, ~ r _ - .. _T. ,' ` "~ ~` .' ~:~ ~, E..; ' ~„ ;: __ C , - ~..~ ~,.7 `= ,~; ~ ;;-t REALER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak~a,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(c~ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. CALABRESE & SONS, INC., . NO. p ~ ~ SI 5~~- Defendant CONFESSION OF JUDGMENT IN EJECTMENT IN CONNECTl(ON WITH A RESIDENTLAi, LEASE Commonwealth of Pennsylvania ) ss: County of Cumberland ) I, John H. Pietrzak, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a residential lease. J H. Pie ak, squire Sworn to and subscribed Before me this ~~day of ~_~.sav~- .2007. WomrW Sed Deborah L Bnerx~eman, IVolery Pubgo Camp FW Bono Curnberiwb CardY WIy CorrrNsebrt Expires .Aare 18, 2010 of C ~ ~ ~ -n "~'T` ~ (,,,'3, ~. ~ '- j ~r (~ ~ ,~" 'X} ~ REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzakna,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamsna,ReagerAdlerPC.com 2331 Mazket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors. LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION CALABRESE & SONS, INC., NO. (~ '7 - s'/ S~ Defendant CONFESSION OF JUDGMENT NOTICE UNDER RULE 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRICK OFF OROPEN A CONFESSED JUDGMENT TO: Calabrese & Sons, Inc. Pursuant to 42 Pa.C.S.A. 2737.1, you aze hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737.1, you aze hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Date: August 27, 2007 REAGER & ADLER, P.C. Jo H. Pietrzak, Esquire 2 31 Market Street Camp Hill, PA 17011 (717) 763-1383 r PENNSYLVASTIA RULE OF CIVIL PROCEDURE 2959 STRIDING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (axl) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition maybe filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a fiuther request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. *., t) ~ ~ ~ J -rr -r~ t~K-,-'" -~! 1 1 f ( . '' ~~ ~ f C ~~ { C..., -{ / ...: T~ ` C7 ~y e REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(a~~ea~erAdlerPGcom BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION CALABRESE & SONS, INC. and, NO. Q 7 - SI S ,Z erJ~ l fuw Defendants CONFESSION OF JUDGMENT IN EJECTMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you aze hereby notified that a JUDGMENT IN EJECTMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all of the documents filed in support of said judgment. If you have any questions concerning this notice, please call John H. Pietrzak at (717) 763-1383. Prothonotary ~ r~9C~ r~ ~ T • 1 _, ~~ ' i_'~ ~ Ys _r r " : ' -? ,~, - -3 ,._ . r; . ''L1 .~ ~.: --,-~ .. ~ ~~ ., ~1.. ` l .Nl -i ~~ REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 EmaiL• Jnietrzak~a?,ReagerAdlerPC com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsCcr7,Rea~erAdlerPC com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorne sy_for Brandy Investors LP BRANDY IlWESTORS, LP, Plaintiff v. CALABRESE & SONS, INC. and, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CONFESSION OF JUDGMENT IN EJECTMENT PRAECIPE FOR ENTRY OF JUDGMENT IN EJECTMENT BY CONFESSION TO THE PROTHONOTARY: Kindly enter judgment in ejectment by confession in the above-captioned matter against the Defendant for possession of the real property described below: The warehouse facility and any offices located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, REAGER & ADLER, P.C. Date: August 27, 2007 H. Pietrzak, Esquire Attorney for Defendant VERIFICATION I, William Rothman, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal lrnowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authori- ties. Date: ~ ~ ~' By: ~ William o .\ Q _+ ~ ~ G4 1 ~_ 1 l ~ ~ ~3, r U "'~ ~ ~ , w REAGER &ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak~a Rea~erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsnReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brand~Investors, LP BRANDY INVESTORS, LP, Plaintiff ~~ ~~ ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION CALABRESE & SONS, INC., NO. 07-5152 Defendant :CONFESSION OF JUDGMENT IN EJECTMENT NOTICE UNDER RULE 2737.1 OF RIGHT_TO RECOVER ATTORNEI'Y FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRICK OFF OR OPEN ~ CONFESSED JUDGMENT TO: Calabrese & Sons, Inc. ~, Pursuant to 42 Pa.C.5.A. 2737.1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled ~o costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. 2737.1, ou are hereby notified of the instructions regarding the § Y procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. REAGER &ADLER, P.C. ~~, Date: October 17, 2007 I' Jo H. Pietrz , Es ire ~, 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ', r ,. PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 R IN (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judg ent or to open it must be asserted in a single petition. The petition may be filed in the county in w~iich the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. ' (2) The ground that the waiver of the due process rights of notice and fearing was not voluntary, intelligent and knowing shall be raised only ' (i) in support of a further request for a stay of execution where~~,the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 29~9.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall islsue a rule to show cause and may grant a stay of proceedings. After being served with a copy o~ the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included iii the petition or answer. (d) The petition and the rule to show cause and the answer shall be seated as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay plroceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. The lien of the 'ud ment of or an lev or attachment shall be prese$wed while the (~ J g Y Y proceedings to strike off or open the judgment are pending. ~~ I~~ ~, ~' ""' 4~ ~ ~ ~, , G~ ~" LL ~ rr, ` ~ ~ ~ ~ . e ~ -•y , d +~ - -~~~~~ <.- ~ r' ~.:~:r~= ~! : =~ ::: BRANDY INVESTORS, LP, IN THE COURT OF COMMON~PL ~~` Plaintiff :CUMBERLAND COUNTY, PEN1N~ v. :CIVIL ACTION CALABRESE & SONS, INC. and, NO. 07-5152 Defendant CONFESSION OF JUDGMENT ~N EJECTMENT NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTIONI THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Calabrese & Sons, Inc. A judgment for possession of real property has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment cpntained in a promissory note or other document allegedly executed by you. The Sheriff may ~emove you from the property at any time after thirty (30) days after the date on which this notice i~ served on you. You may have legal rights to defeat the judgment or to prevent you from being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOXJ DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE~I'HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. Lawyer Referral Service Cumberland County Courthouse, 4~' Floor L Carlisle, PA 17013 (717) 240-6200 Date: October 17, 2007 _( Jo H. Pietrzak, Es ire ', REAGER & ADLER, P.C. ~~, 2331 Market Street Camp Hill, PA 17011 ~I (717) 763-1383 ~' Attorneys for Plaintiff, Brandy Investors, LP ra ~ C~ ° - n t.__ _> --~ ._-s "'~? . ..-- ~s .~ ._ _ r, ;' "~ ~,. -'~ , _, ~~ - ,~ ~= 4 ~ = ` .....- v il ~ ~Ta SHERIFF'S RETURN - REGULAR CASE NO: 2007-05152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANDY INVESTORS LP VS CALABRESE & SONS INC SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER 2973.2 & 273 was served upon ., T, T T T'1T1T1l.T r [+r1TT~ TTTr the DEFENDANT at 0945:00 HOURS, on the 22nd day of October 2007 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to .--_ TTIT TT T TTT /°~TTT 7")/"'~T1 a true and attested copy of NOTICE UNDER 2973.2 & 273 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 i%%'7 ~~... / 3 8. 5 6 Sworn and Subscibed to before me this of So Answers: day R. Thomas 10/23/2007 REALER & By: A.D. ine .~~-_• BRANDY INVESTORS, LP, Plaintiff v. CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEA5, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.07-5152 CONFESSION OF JUDGMENT IN EJECTMENT PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT TO: The Prothonotary: Issue a Writ of Possession upon the judgment in ejectment entered by confession in the above matter, Certification I certify that (a) This praecipe is based upon a judgment entered by confession and (b) The Prothonotary is authorised to issue the writ of possession because notice has been served pursuant to Rule 2973.2 at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record. Date: January 16, 2008 J H. Pietrzak, Esqui 31 Market Street Camp Hill, PA 17011 (717)763-1383 Attorney for Plaintiff, Brandy Investors, LP `;~ ._z !., .~j~ ~ -r. V' ~' ~ ^ ~ o ~ w ^ ~ ~-- ... ::~ ~ ~ ~. _~ :. ,~ r _ ._ . BRANDY INVESTORS, LP, Plaintiff v. CALABRESE & SONS, INC., Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION N0.07-5152 CONFESSION OF JUDGMENT IN EJECTMENT WRIT OF POSSESSION r Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Brandy Investors, LP: 406 Brandy Lane, Mechanicsburg, PA 17055. (2) To satisfy the costs against Defendant, Calabrese & Sons, Inc., you are directed to levy upon any property of Calabrese & Sons, Inc. and sell his/her/its interests therein. Proth~ary,,of Coon rleas of Cumberland County, Perfhsylvania (SEAL) By: Deputy Prothonotary Date: ~-a 4~ IOIZ WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDY INVESTORS, LP. VS. No. 07-5152 Civil Term_ CALABARESE & SONS, INC. Costs Attorney's $ 90.06 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) BRANDY INVESTORS, LP being: (Premises as follows): 406 BRANDY LANE, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C s R. Long, Pro ry, Common Pleas ourt of Cum land County, PA Date JANUARY 17, 2008 (Seal) ~~'~ _.1 2of2 No 07-5152 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDY INVESTORS, LP VS. CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 90.06 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JOHN H. PIETRZAK, ESQUIRE 2331 MARKET STREET CAMP HILL, PA 17011 717-763-1383 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy r ~-~, By virtue of this writ, on the day of . I caused the within named to have possession of the premises described with the appurtenances, and Writ of Possession returned STAYRTI t , c eta Sworn and subscribed to before me this Day of , Sheriff's Return: Docketing 18.00 Surcharge 20.00 Poundage 1.00 Prothy 2.00 Milage 9.60 4~ Sheriff By ~~ ~ _ Advance Costs: 150.00 Sheriff's Costs: 50.60 99.40 50.60~Y Refunded to Atty on 2/1/08 ~1b~~e~ a ~~ f . ~~- ,, ~ ; ,~, ~,st 80 ~b d ZZ Ntll' BOOt ~~~1~3H5 3N1 ~10~3~ ~ (0..~ a- ~' ~,, Zv~PS7~ 2 of 2 No 07-5152 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDY INVESTORS, LP CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att' y $ 90.06 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JOHN H. PIETRZAK, ESQUIRE 2331 MARKET STREET CAMP HILL, PA 17011 717-763-1383 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy '` lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDY INVESTORS, LP. VS. No. 07-5152 Civil Term_ CALABARESE & SONS, INC. Costs Attorney's $ 90.06 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) BRANDY INVESTORS, LP being: (Premises as follows): 406 BRANDY LANE, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C Is . Long, P otary, Common Pl s Co of Cu erland County, PA Date JANUARY 17, 2008 (Seal)