Loading...
HomeMy WebLinkAbout07-6734r *% COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL (,,-73Yaa;1 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 referenced below. D%T. (_D 9 /"?070 ?? 141T ^ STATE ZIP CODE DATE OF JUDGMENT IN E CASE OF PlsWM q ?DMe?y? AC 0) 1 Q iC C?I?IS 7 k-P-e v. 1 IBS I AJ'W DOCKEYNo. SIGNATURE OF APPELLMfT OR ATTORN YeR ENT Cv. ' - u V w 91 This block will be signed ONLY when this notation is required under Pa. If appepant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after fling the NOTICE of APPEAL. Signeft" or ProUanoh y or Do" K 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon t%?_, V'k i ( appellee(s), to file a complaint in this appeal Name of appeff"(s) - - - (Common Pleas No. ©-7- 1 7 .3y avi n within twenty (20) days after service of rule or suffer entry of judgment of non pros. X ii signature of appeNant or atbmey or agern RULE: To appellee(s) Name of appe#Ws) (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: NOV, 20 L V7 $ 64z??? ure of DeplAy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL 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 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature of official before whom affidavit was made Title of official My commission expires on 20 ,. _,4 ucl CMMONINEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-1-01 MDJ Narie: Hon. CHARLES A. CL, Address: 400 BRIDGE ST OLDS TONNE COMMONS NEW CUMBERLAND, PA Telephone: (717) 774-5989 NOTICE OF D7 - le -2 ?J, (" Gr CIVIL CASE /TRANSCRIPT PLAINTIFF: rMETZLER NAME and ADDRESS CHRISTOPHER 7 126 BIRCH ST JR MIDDLETOWN, PA 17057 -SUITS 3 L J DEFENDANT: VS' NAME and ADDRESS 17070 riUKINS, DANIEL 7 1705 ELM STREET NEW CUMBERLAND, PA 17070 CHARLES A. CLEMENT, JR 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: L J Docket No.: CST-0000397-07 Date Filed: 8/24/07 (Date of Judgment) 10/09/07 (Name) METZLER, CHRISTOPHER ® Judgment was entered against: (Name) HASKINS, DANIEL in the amount of $ 2,436.97 F-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ElThis case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 2,330.47 Judgment Costs $ 10T.50 Interest on Judgment $ .? Attorney Fees $ Total $ 2,436.97 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT CIF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCf 1IPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY ALL FURTHER MUST THE MAG STER ALEDISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ZCT 9 2007 Date ial District Judge I certify that this is a true and correct copy of the record of the proceedings Magister containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-07 DATE PRINTED: 10/09/07 10:10:00 AM - F."> n 4C)' I 1 T 0 - V U.S. Postal Service CERTIFIED MAIL„, RECEIPT (Dor»cstic Mail Only; No Insurance Coverage Provided) For deliverv information visit nrrr wnh-ife s...._....___ ___ ru u7 a' Po r%- stage $ r-1 Certified Fee O O Return Receipt Fee C3 (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Required) Q' r-4 Total Postage & Fees ? went to C3 P- Or PO Box No. 17 Wi v sender's receipt attached hereto. PROOF OF $! OF NO tW AIIV! Rl ° TO FILE COMPLAINT b , 20 (1 ? by personal service 0 by (ertified) (egistered) mail, (This proof of service MUST BE )4M V"N TEN 06) 014YS AFTER >F'ing of On notice of appeal. Check applicable boxes.) COMMONWEA OF PEN BYLVANIA COUNTY OF?A??? ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served (SWORN) (AFFIRMED) AN UBSCRIBED FOR& ME T S DAY OF 20 Signature of affiant ure o o tal before whom affidavit was made Title of official My commission expires on ?- Lr 200 ef . NOTARIAL SEAL "DIA A. BReWBAKER, NOTARY PUBLIC Cafte Boro. Cumbedand County CorrnWm res Apr14, 2009 $2.65 12 $2.1 f'ggtmark re $5.21 11/04/2007 ©-3 r Gf`? J4 a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) '(ypV 20L3 by personal service by (certif' IV I d (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on P-3 0 m ;., t:) F C7 -,? l :' r^w. 0 m COMMONWEALTH OF PENNSYLVANIA 'i COURT OF COMMON PLEAS ( Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 -7 -• ?r NOTICE OF APPEAL 77' . 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 referenced below. w I - M fr1e4 0070 DATE OF AX)GAW-W i INn OF ^N1111) eltk C64.3 4V r*ce IqA.%K. vi CV - DIDDO 10?)111 ? - 0 ? I '?) qJ A. I " This block will be signed ONLY when this notation is required under Pa. If appellant was C/akwnt (see Pa. R.C.P.D.J. No. t001(B) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COM LAINTMUST QE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days alter filing the NOTICE of APPE4L. souft- of Rwwxtry-Dupay PRAECIPtTO ENTER RULE TO FILE COM ANb RULE TO FILE (This section of form to be used ONLY when $ppellant wss. DEFENDANT (see Pe.RC.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of nolim of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to No a complaint in this appeal Neme of appas(a) (Common Pleas No. Q -7 - 7 to if i A within twenty (20) days after service of rule or suffer entry of judgment of non pros. X 4? t?4j Sl?rrarirs d a?lstratrt of tMlo?ney a egt+M RULE: To N?%_Z44???ek ?J?Je& . appellee(s) 'Y" ,Who of AIPPIANWS) (1). Yoy are notified that j is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of thWiule upon you by persorW. vice or by certified or reed mall. (?„) If you do.not, fde,a comp vyithin this time, a JUDGMENT OF NON PRO&MAY BE ENTERED AGAINST YOU. (a) The date of service of this'?,lis if service was by mail is the. date of the mailing. Date: IQV,, 20tl .` y V 1;V P#Dgp* YOU MUST VWLtI E A COPY OF THE NOTICE OF JUDGMEKTf'1'A CRIPT FOP WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - cAPY Tn RF SFRVF D ON APPELLEE GOLD -COPY TO BE'SERVED ON DISTRICT JUSTICE e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER Plaintiff V. DANIEL HASKINS CIVIL DIVISION NO. 07-6734 Defendant YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST Y A RNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 126 Birch Street, Middletown, PA 17057 AND THE DEFENDANT: 1705 lm Street, New Cumberland, PA 17070 h4ajDLn" ATTORNEY FOR PLAINTIFF TYPE OF PLEADING: CIVIL ACTION - COMPLAINT COUNSEL OF RECORD FOR PLAINTIFF: Kimberly A. Bonner, Esquire Pa. I.D.#89705 JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 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 SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de ]a notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 v DANIEL HASKINS Defendant CIVIL ACTION -COMPLAINT And now comes Plaintiff, Christopher Metzler, by and through his attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint against Defendant Daniel Haskins as follows: COUNT ONE-BREACH OF ORAL CONTRACT 1. The Plaintiff is Christopher Metzler (hereinafter "Plaintiff'), whose mailing address is 126 Birch Street, Middletown, Pennsylvania 17057. 2. The Defendant is Daniel Haskins (hereinafter "Defendant"), whose last known address is 1705 Elm Street, New Cumberland, Pennsylvania 17070. 3. Venue is proper in this county as Defendant resides here and regularly conduct business here, the oral contract was made here and the premises which is the subject matter of the lawsuit is located here. 4. In March 2007, Plaintiff and Defendant entered into an oral contract whereby Plaintiff was to perform repairs and remodels to the Defendant's real property and residence located at 1705 Elm Street, New Cumberland, Pennsylvania 17070 (hereinafter "Premises"), and Defendant agreed to pay Plaintiff for materials and labor as invoiced (hereinafter "Agreement"). 5. Plaintiff performed extensive repairs and renovations to the Premises, including but not limited to completely gutting and remodeling the bathroom, replacing the water heater, replacing the front door and storm door, along with various repairs and painting throughout the Premises. 6. Pursuant to the Agreement, Defendant paid Plaintiff for approximately one-half the estimated costs prior to Plaintiff beginning the work, and Defendant agreed to pay the remaining amount owed once the work was complete. 7. Plaintiff completed the work as per the Agreement, and submitted his final invoice to Defendant for payment. 8. Defendant failed to pay Plaintiff the amounts owed as per the Agreement, and on or about May 17, 2007, Plaintiff sent Defendant an itemized invoice demanding payment in full within ten (10) days (hereinafter "Demand"). A true and correct copy of this Demand is attached hereto and made a part hereof as Exhibit "A". 9. To date, Defendant has failed to pay Plaintiff the amounts owed, in breach of the Parties' Agreement. 10. All conditions required under the Agreement for Plaintiff to be paid have been met, as Plaintiff fully completed all repairs and remodels to the Premises, and has demanded payment from Defendant for same. 11. Plaintiff has incurred additional costs in attempting to collect this unpaid debt from Defendant and thus requests reimbursement of court costs and attorneys fees in addition to the unpaid invoice amount. WHEREFORE, Plaintiff requests judgment in his favor and against Defendant for breach of contract, and requests damages in the amount of the unpaid invoice, amounting to $2,872.47, plus interest and attorneys fees and costs, along with such other relief as this Court shall deem appropriate. ALTERNATE COUNT I- UNJUST ENRICHMENT In the event it is determined that no oral contract existed in fact or at law between Plaintiff and Defendant as alleged in Count I, the Plaintiff alleges as follows: 12. Plaintiff purchased substantial materials and supplies to repair and remodel Defendant's property located at 1705 Elm Street, New Cumberland, Pennsylvania 17070 (hereinafter "Premises") and spent many hours completing the repairs and remodels to the Premises. 13. Specifically, Plaintiff performed extensive repairs and renovations to the Premises, including but not limited to completely gutting and remodeling the bathroom, replacing the water heater, replacing the front door and storm door, along with various repairs and painting throughout the Premises. 14. Due to Plaintiff's extensive contributions, Defendant's Premises were significantly improved. 15. Plaintiff conferred an extensive benefit on Defendant; specifically, Plaintiff's work and expenditures resulted in increased value to Defendant's Premises. 16. Plaintiff was subsequently denied any return on his substantial contribution to Defendant's Premises, as he was not reimbursed for money Plaintiff paid to purchases materials and supplies, and Plaintiff did not receive any compensation for his labor and time spent repairing and remodeling Defendant's Premises. 17. Defendant received the benefit of Plaintiff's expenditures and labor yet failed to compensate Plaintiff for same. 18. Defendant will be unjustly enriched if it is allowed to retain the benefit of the increase in the Premises' value without compensating Plaintiff for his substantial contribution to same. WHEREFORE, Plaintiff requests judgment in his favor and against Defendant for the amount due Plaintiff for materials and labor costs, amounting to $2,872.47, plus interest, Plaintiff's reasonable attorney's fees plus costs, compensatory damages, punitive damages, and such other relief as this Court shall deem appropriate. COUNT III- PUNITIVE DAMAGES 19. Plaintiff incorporates by reference as though fully set forth all of the averments set out in paragraphs 1 through 18 of this Complaint. 20. Defendant, at all times relevant and material to this matter, has acted in bad faith. 21. Defendant made no complaints as to the work Plaintiff performed at the Premises and continued throughout their business relationship to assure Plaintiff he would be paid in full upon completion of the work on the Premises. 22. Once the work on the Premises was completed, Defendant began avoiding Plaintiff, not taking his phone calls, refusing to speak to him, refusing to pay Plaintiff and failing to offer any explanation for his refusal to pay the amounts due Plaintiff. 23. Defendant acted in bad faith by breaching the Agreement without any reason, explanation or warning. 24. Defendant's conduct in this matter has been and continues to be wanton and outrageous. WHEREFORE, Plaintiff requests judgment in his favor and against Defendant and requests damages in the amount of $2,872.47, with interest, attorneys' fees and costs, plus punitive damages for Defendants bad faith in this matter, and such other relief as this Court deems just and proper. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Ar i a Kimberly A. Bonner, Esquire PA I.D.#89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: l 112- 616 7 By: Christopher Metzler, Plaintiff Exhibit "A" Razor's Edge Home Improvements Chris Metzler 126 Birch Street Middletown, PA 17057 717-329-3093 May 17, 2007 Mr. Dan Haskins 1705 Elm Street New Cumberland, PA, 17070 Mr. Haskins: This is an attempt to collect a debt. Below is a list of services that I have completed for you from March 29, 2007 through May 3, 2007 that you have not paid for as of the above referenced date. Please settle this debt within ten days or we will appear before District Justice Charles A. Clement Jr. Unpaid Materials: New toilet and tank plus hardware and plumbing for downstairs bathroom Seat Toilet Bowl $25.99 Tank $89.00 Wax ring $57.00 Plumbing supplies) solder,flux,gas,emory cloth,brushes 2 Flexible connectors $4.96 $83.50 10 Feet of half inch copper $13.98 2 Half-inch ball valves $15.00 4 90's , 2 couplings & two female adapters .18 $2 Drain and trap $20.0 .0 0 Toilet shutoff $19.95 $10.97 Bathroom Materials Light Bar Medicine cabinet $49.99 Paint for bathroom $69.99 Vanity cabinet with top $19.98 Faucet $80.49, $19.99 Bathroom Floor Materials: Tile for bathroom floor Grout Thin Set mortar Sponges Install Bucket Concrete Backerboard Plywood Trim for bathroom Water Heater Replacement: Water Heater 25 fee of %2 copper Fittings Ball Valve Replacement of Front Door & Storm Door: Front Door paid for by you Storm Door Wood for framing out door Miscellaneous Materials: Liquid Nails Black Laminate Trim pieces for back splash Range Hood Paint for stairway down to basement & stairway to second floor Trim for front entry way where floor was replaced Drywall mud Paint supplies 1 trays, brushes, cleaning supplies Misc. screws and hardware used Unpaid Labor: Remove & Replace Toilet & Tank Remove & Replace Sink Install Vanity medicine Cabinet & Light Bar Plumbing tie ins Rip up rotten floor & replace floor in bathroom with tile Install rangehood Detail step risers and railing 2 coats of paint on stairs & patch holes $56.70 $14.99 $23.94 $5.18 $18.97 $29.55 $26.97 $20.80 $349.00 $29.00 $20.00 $2.09 -$716.76 $279.99 $47.50 $7.41 $44.97 $14.94 $99.991 $19.98 $20.80 $9.97 $27.99 $25.00 $200.00 $100.00 $200.00 $90.00 $300.00 $50.00 $100.00 $200.00 2 coats of paint on stair rails, step kickers and 1 window and trim 2 coats of paint on basement la di $200.00 n ng down to bottom door & trim Remove & replace front door & storm door & replace insid t i $200.00 e r m Demolition of old wainscot and trim in bathroom Install tile floor in bathroom $500.00 $100.00 Replace water heater $250.00 Dumpster Disposal $600.00 Fees for extra time and paperwork due to non 0 $.00 a p yment $115 50.00 TOTAL MATERIALS: Tax on materials $1778.70 TOTAL LABOR: $106.72 $3540.00 TOTAL: $5425.42 Your original price was $5235.46 *As you can see cost was more than original estimate (difference of $189.96) You paid $2693.00 up front to get materials and some labor costs (equivalent of half) Your final amount due is: $2872.47 Credit bill for $542.00 floor materials returned for credit back to homeowner. Your final payment of $2,330.47 is due immediately upon receipt of this letter please be aware that you ONLY have 10 days to mail this payment or this matter will go before the district justice. Thank you for your prompt action in this matter. Sincerely, Chris Metzler n C-D -f) Gdt C..J O -n -T- Film "Ti J ? 7 -'C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint filed at the above-captioned term and number reinstated. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP DATE: ` I lJ U BY: Kimberly A. Bonner, Esquire Attorneys for Plaintiff PA I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '* 4 .;p a1 d W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER Plaintiff V. DANIEL HASKINS Defendant CIVIL DIVISION NO. 07-6734 MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 FILE ON BEHALF OF: Christopher Metzler Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly A. Bonner, Esquire PA ID #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, Christopher Metzler, by and through his attorneys, James, Smith, Dietterick & Connelly LLP, and files the within Motion for Special Service pursuant to Pa.R.C.P. 430 as follows: 1. On or about November 22, 2007, Plaintiff filed its original Complaint ("Complaint") against the Defendant, Daniel Haskins ("Defendant"), at the above-captioned number and term. 2. Plaintiff directed the Sheriff of Cumberland County to serve the Defendant at the Defendant's residence, being 1705 Elm Street, New Cumberland, Pennsylvania 17070 but service was returned "Not Served". Pursuant to the Sheriff s Affidavit of Service "Defendant was obviously home, but would not answer the door." A true and correct copy of said Affidavit of Service from the Mercer County Sheriff's Office is marked Exhibit "A", attached hereto and made a part hereof. 3. An internet person locator search provided no alternative address for Defendant. 4. A search of Voter Registration of Cumberland County indicated that there is no alternative address in their records for Defendant. 5. Plaintiff conducted an investigation to determine the whereabouts of Defendant, Daniel Haskins, but all sources indicated no alternative address other than that of 1705 Elm Street, New Cumberland, Pennsylvania 17070. An affidavit of Plaintiff's counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant, Daniel Haskins, with the Complaint and further filings in this matter, such as a Notice of Sale, if necessary, by instructing the Cumberland County Sheriff's Office to POST a copy of same on Defendant's premises, being 1705 Elm Street, New Cumberland, Pennsylvania 17070 and by mailing a copy to 1705 Elm Street, New Cumberland, Pennsylvania 17070, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting; and mailing in accordance with Pa.R.C.P. 430. Respectfully Submitted: JAMES, SMITH, DIETTERICK & CONNELLY LLP By: Kimberly A. Bonner, Esquire Attorney I.D.#89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit "A" SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-06734 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METZLER CHRISTOPHER VS HASKINS DANIEL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for. the within named DEFENDANT to wit: HASKINS DANIEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , HASKINS DANIEL NOT SERVED , as to 1705 ELM STREET NEW CUMBERLAND, PA 17070 DEFENDANT WAS OBVIOUSLY HOME, BUT WOULD NOT ANSWER THE DOOR. Sheriff's Costs: So answer Docketing 18.00 .Service - 47.52 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 75.52 JAMES SMITH DIETTERICK CONNELL 03/27/2008 Sworn and Subscribed to before me this day of , A. D. Exhibit `B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly A. Bonner, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant(s), which included, but was not limited to searches of the following records: ( i.' Records of the U.S. Postmaster ( tj"oo' Internet Person Locator Records, with results of same attached Voter Registration Records. Credit Report Agency. ( Telephone Directory. ( Records of the County Recorder of Deeds and Prothonotary. Finally, Affidavit deposes and says that if Defendant(s) is/are not located at the address uncovered by this investigation, the whereabouts of Defendant(s) is/are unknown to Plaintiff. lw?' Kimberly A. Bonner, Esquire Sworn to and subscribed before me this day of , 2008. Notary Public My Commission Expires: CWEALTH OF PENNSYLVANIA NOTi?RIAL SEAL MLLE ELLIOrr NOTARY PUBUC DERRI To p I)ALWHIN 'COUNTY MY 2011 a;•:, , r i?° . fi Person search 2417 Search and Technical Assistance 1.800.543.6862 Main Menu I My Account I PrhA I Contact Us I Log Out Last Name First Name Middle Name SSN HASKINS DANIEL ?? .._.._. ..__..._... ??.._...' Street Address City State Zip County Radius PA_ Phone DOB Age Range ... ........ .. I .. - . F r Search for other possible name spellings r include Bankruptcies (Click For Prices) Output Type: C Formatted HTML (' Cut and Paste / Printer Friendly Text (No Reports) R F Important: The Public Records and commercially available data sources used in this system have errors. Data is sometimes entered poorly; processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Search completed SEARCH: Last Name: HASKINS First Name: DANIEL Middle Name: A State: PA II f All Full Name SSN Address Phone Inforn sit Sx DANIEL A HASKINS 180.34-xxxx 995 OLD ROSSVILLE RD (717) 774-61 C 1MO DOB: 04/26/1945 (62) LEWISBERRY PA 17339-9726 Apr 84 - Apr 86 S I* DANIEL A HASKINS 0 DANIEL A HASKINS S 0 ( DANIEL A HASKINS DANIEL HASKINS DOB: 04/26/1946 (62) 16 Fal DANIEL A HASKINS COPY % 9 411 %V 0 DANIEL A HASKINS 35 M Q*N DANIEL A HASKINS IL-5-07 DOB: 0412611945 (62) 180-34-xxxx 1705 ELM ST NEW CUMBERLAND PA 17070-1222 Jul 00 - Mar 08 180-66-x)= , 1705 ELM ST (717) 774-61; NEW CUMBERLAND PA 17070-1222 HASKINS DA Aug 05 - Mar 08 180-66-x)= 1705 ELM ST NEW CUMBERLAND PA 17070-1222 Aug 05 - Mar 08 180-34-xxxx 1705 ELM ST (717) 774-33E NEW CUMBERLAND PA 17070-1222 Dec 86 - Feb 08 175 ELM ST NEW CUMBERLAND PA 17070 Aug 04 - Dec 04 180-34-xxxx PO BOX 222 (717) 774-336 NEW CUMBERLAND PA 17070-0222 2000 - 180-34-xxxx PO BOX 222 774-6105 NEW CUMBERLAND PA 17070-0222 https:Hsecure.accurint.com/app/bps/main 4/1/2008 c-a C fl l `-'a 'i"1 ?.'' ??. c,-s= ,_,..yy (`f1 ":.a 1 s (? .. .-r9 ?- 3 ?`a ? .?_ (`! :.: .. ?, +-% SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-06734 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METZLER CHRISTOPHER VS HASKINS DANIEL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 1705 ELM STREET HASKINS DANIEL NOT SERVED , as to NEW CUMBERLAND, PA 17070 DEFENDANT WAS OBVIOUSLY HOME, BUT WOULD NOT ANSWER THE DOOR. Sheriff's Costs: Docketing So answer,„- ? 18.00 -- / Service 47.52 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 75.52--'JAMES SMITH DIETTERICK CONNELL 03/27/2008 l,aalag =fyj Sworn and Subscribed to before me this day of , A. D. APR 0 4 200r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant ORDER OF COURT AND NOW, this day of _ Ap ; ( , 2008, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint and further pleadings, if necessary, on Defendant Daniel Haskins, by instructing the Sheriff of Cumberland County to POST a copy of same on the Defendant's residence, being 1705 Elm Street, New Cumberland, Pennsylvania 17070 and by mailing a copy to Defendant's residence, being 1705 Elm Street, New Cumberland, Pennsylvania 17070, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: ,<,, 4 w J. FILED-OF'RIC E OF THE PR?)'H;'IN NRY 2006 APR 14 PH 2: 36 PENM? UVANIIA -Y?JAJIO -& lx*JEJI- CTY ry,01.1,(..., -46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER Plaintiff V. DANIEL HASKINS Defendant CIVIL DIVISION NO. 07-6734 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint filed at the above-captioned term and number reinstated. Respectfully submitted, JAMES, SMITH, DIETTERIC CONNELLY LLP DATE: 0 (S v 4 BY: Kimberly A. Bonner, Esquire Attorneys for Plaintiff PA I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 _ -s ,..., :.-_? $_ ??:? °_? p Y.... r `? ? r ? ? ?-, ?_ ? ? -p -,- -.G 6' ? .? „° P 'D .,, SHERIFF'S RETURN - REGULAR CASE NO: 2007-06734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METZLER CHRISTOPHER VS HASKINS DANIEL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE the HASKINS DANIEL of May 2008 DEFENDANT , at 184900 HOURS, on the 20th day at 1705 ELM STREET NEW CUMBERLAND, PA 17070 POSTED PROPERTY AT 1705 ELM by handing to STREET NEW CUMBERLAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 16.00 . Service 6 00 Posting 10.00 Surcharge 59 Postage 50.59 So Answers: r? R. Thomas Kline 05/21/2008 JAMES SMITH DIETTERICK CONNELL Sworn and Subscibed to By` Deputy Sheriff before me this __ day of ' A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant AFFIDAVIT OF SERVICE OF COMPLAINT ON DEFENDANT PURSUANT TO ORDER OF COURT I, Kimberly A. Bonner, Esquire, attorney for Plaintiff, Christopher Metzler, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint on Defendant, as follows: 1. On or about April 14, 2008, an Order of Court was entered granting Plaintiff's Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about May 28, 2008, the counsel for Plaintiff served Defendant with a true and correct copy of Plaintiff's Complaint, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to Defendant's address, being 1705 Elm Street, New Cumberland, Pennsylvania 17070. True and correct copies of said Certified Mail Receipt and Certificate of Mailing are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about May 20, 2008, the Sheriff of Cumberland County posted the property of Defendant, being 1705 Elm Street, New Cumberland, Pennsylvania 17070 with a true and correct copy of Plaintiff's Complaint. A true and correct copy of the Service Form from the Cumberland County Sheriff. is marked Exhibit "C", attached hereto and made a part hereof. Respectfully submitted, J S, SMI I T RICK & CONNELLY LLP DATED: 6/13/08 BY: oj\? mberly A. Bonner, Esquire Attorneys for Plaintiff PA I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this lieday of v. , 2008 Notary Public MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 19, 2011 Member, Pennsylvania Association of Notaries Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO.07-6734 v. DANIEL HASKINS Defendant ORDER OF COURT AND NOW, this jid.-S day of AD&1 , 2008, upon consideration of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint and further pleadings, if necessary, on Defendant Daniel Haskins, by instructing the Sheriff of Cumberland County to POST a copy of same on the Defendant's residence, being 1705 Elm Street, New Cumberland, Pennsylvania 17070 and by mailing a copy to Defendant's residence, being 1705 Elm Street, New Cumberland, Pennsylvania 17070, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: W1 Exhibit "B" .o CERTIFIED MA L,,, REC EIPT nI CO (Domestic O nly; No Insurance Co verage Provided) Ui VNQ . I -' M C3 Posta e $ ' 17 g f M Certified Fee t'7 T1 { : ?, R '_ ? Return Receipt Fee (Endorsement Required) osfm ere \\\ C3 U7 Restricted Delivery Fee (Endorsement Required) ' ... ... r -q O Total Postage & Fees c13 C3 Sent To J06tn%e? h'usc,.?! - ------ ----------------- C3 It Apt. No. or ; or PO Box No. G J --------- - ___ ----------- rn 6 J f ------------------------------ ----------- --- ---- City Stete, ZlP+4 ---------------- ..__...--/" ° - -j - - ----------- IN ?m??'//??'lo/I ?• / ?/? ?7 !? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INS"^"'^' ^^^"""^??^ R 'ved From LAW OFFICE JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. BOX 650 HERSHEY, PA 17033 86 H&sler One piece of ordinary mail addressed to: 7 o w r r iv .e fi E U C n r CAA? n j PS Form 3817, January 2001 Exhibit "C" SHERIFF'S RETURN - REGULAR CASE NO: 2007-06734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METZLER CHRISTOPHER VS HASKINS DANIEL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HASKINS DANIEL the DEFENDANT at 1849:00 HOURS, on the 20th day of May 2008 at 1705 ELM STREET NEW CUMBERLAND, PA 17070 by handing to, POSTED PROPERTY AT 1705 ELM STREET NEW CUMBERLAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Posting 6.00 Surcharge 10.00 Postage .59 50.59 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/21/2008 JAMES SMITH DIETTERICK CONNELL By: Deputy Sheriff A. D. F [`? r-? n s' ?a { ?.?'? t,? ? r,`? ' -*J ' ?- -, __ ? .. :? : ?- ? ; M? M.? r,] :? •_ ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant I Hereby certify that the last known address of Defendant(s) is/are: Daniel Haskins• I n Street, New Cum and, PA 17970 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF: CHRISTOPHER METZLER Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly A. Bonner, Esquire Pa. I.D. #89705 imbeXy AN-B'bnnner, Esquire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. : DANIEL HASKINS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and 4 3'som, + against Defendant, Daniel Haskins, in the amount of $2-,Oi62. 7 which is itemized as follows: Amount owed: $2,872.47 Attorneys fees and costs: $ 961.96 TOTAL: $3,834.43 with interest from 11/27/08 at the rate of 6% per annum on the amount owed ($2,872.47), plus additional attorneys' fees and costs of suit. JAMES S IT DI CK & CONNELLY LLP By: Kimberly A. Bonner, Esquire Attorney for Plaintiff PA I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly A. Bonner, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenc dbby the attached copies. Sworn to and subscribed before me thiday of (1G? 2008. Notary Public Kimberly A. Bonner, Esquire My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. DANIEL HASKINS Defendant IMPORTANT NOTICE TO: Daniel Haskins 1705 Elm Street New Cumberland, PA 17070 DATE OF NOTICE: November 3, 2008 YOU ARE IN DEFAULT 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 (I0) 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 YOUR 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 v. DANIEL HASKINS Defendant AVISO IMPORTANTE A. Daniel Haskins FECHA DEL AVISO: November 3, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: J i () ?j Y . PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 JAMES SMITH DIETTERIC ONNELLY LLP f BY: Kimberl Bonner squire ? o B ' r ? L PRAECIPE FOR WRIT OF EXECUTION AGAINST DEFENDANT MONEY JUDGMENT-WITH ATTACHMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER METZLER CIVIL DIVISION Plaintiff NO. 07-6734 V. PA l-10?0 1?05 elm St l?l? ??o?? . DANIEL HASKINS Defendant TO THE PROTHONOTARY: Please issue a writ of execution against Defendant in the above-captioned matter to satisfy the amounts due and owing Plaintiff in the total amount of $3,834.43. And direct the Sheriff to levy/attach the personal property of Defendant described in Exhibit "A" hereto, in Possession of the Garnishee, Pennsylvania State Employee Credit Union, 1 Credit Vnic?t Plae.e N. Pik 11110 And said Sheriff to Notify the Garnishee that (a) An Attachment has been issued (b) The garnishee is enjoined from paying any debt to or for the account of Defendant(s) Respectfully Submitt d: JAMES, SMITH; DIE -ATE CK & CONNELLY LLP BY: Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 4a4-50 Po A7TY `I5.5a CBF 7s,as u 10- 00 to . co ?? jq. oo << ?.5a •? oZ(o 63(0 ' Pb ATW -f.1.004wcCb •50 LL, cot qsai(/ R-To daloo8 Lori+of 4 4 Exhibit "A" INSTRUCTIONS TO SHERIFF Please garnish all assets, both tangible and intangible, of Defendant in possession of Garnishee, Pennsylvania State Employee Credit Union, located at 1 Credit Union Place Harrisburg, PA 17110, including, but not limited to, checking accounts, savings accounts, certificates of deposit, money market accounts, individual retirement accounts, stocks, bonds, mutual funds, lines of credit and safe deposit boxes. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due CHRISTOPHER METZLER, Plaintiff (s) From DANIEL HASKINS, 1705 Elm St., New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, 1 Credit Union Place, Harrisburg, PA 17110 All assets, both tangible and intangible of Defendant in possession of Garnishee, including, but not limited to, checking accounts, savings accounts, certificates of deposit, money market accounts, individual retirement accounts, stocks, bonds, mutual funds, lines of credit and safe deposit boxes 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 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 $3,834.43 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $265.36 Other Costs Plaintiff Paid Date: 6/22/09 5 D, u is R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name KIMBERLY A. BONNER, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 89705