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HomeMy WebLinkAbout04-0706COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 04-706 CIVIL NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF ELLANT 171-7 DIST. NO. NAME OF D.J. Ke rsr?t Ac 9 t--e- D3 Nasal( _1)a7 AD EESS OF AP LLA CITY T l ZIP CODE 77V? oYW'' 4Riff) r? %?O r3 DATE OF JUDGMENT IN AS O(De/endanI). -10 -ey ,cz??b10-r' Vs L)#f 15T_ a,?-? DO ET SIGNATURE OF APPS' NT OR ATTORNEENT CV-0i0W33Y-p3 This block will be signed ONLY when this notation is required under Pa. If apps/lant was C/aim nt (sae Pa. R. C.P. D.?. No. 1001(6) 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 COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Sgnature &FmthonWvy 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary 7---6 ZL /9'vo or,q?Q--Y-f?r?-gyp Enter rule upon f ? /y C,: 7/ R-?? / ? (/?_ appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 04-706 CIVIL ) within twenty (20) days RULE: To 4 - f AMID( bg '9 Name of appellee(s) or Buff entry f judgment of non pros. Signature of appellant or attorney or agent (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: 1J' (k , 20 Q ' Signaturaa thonotery or putt YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (7his proof of service MUST BE FILED WITHlol TEN (78) DAYS AFTER filing of fire notice of appal. Check applicable boxes.,' COMMONWEALTH OF PENNSYLVANEA COUNTY OF ss AFFIDAVIT: i hereby ;swear) (affrrrn; that I served e copy of the Notice of Appeal, Common Pleas No, upon the District Justice designated therein on (date of servicei , 20 ? by personal service j:? bi icert?tiedl ,;eg[stered} niaii, senders receipt attached hereto, and upon the appelsoe, (name} J by personal service ? by Iref hed) (registered) mail, 2u D sonder's receipt attached hereto. (SWORN) (AFFIRMEDt AND SUBSCRIBED BEFORE ME THIS DAY OF '20 SignVure of of 6a+before whoni atfldatit was made hire of 9fG1al hfycomrr;:Ission expires C- o C C- O 'i} S._M1 20 AOPC 312A-02 Feb 02 04 12:02p Kelly Carter COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 DJ 0.dme: '-Idt. SUSAN K- DAY °OS 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Teieoodde: (717) 486-7672 17065 KELLY AND/OR DAVID CARTER 9501 TREGARON PLACE BURKE, VA 22015 THIS IS TO NOTIFY YOU THAT: -- Judgment: 7034255590 p.2 NOTICE OF JUDGMENTITRa^NSCRIPT CIVIL CASE PLAINTIFF: "w E and!r.DgEIS rKELLY AND/OR DAVID CARTER 9501 TREGARON PLACE B17R1CE, VA 22015 L VS. DEFENDANT: WNE and ACE)MSS. I`BAER, KRISTA `l 71 COLD SPRINGS RD. CARLISLE, PA 17013 L J DOCketNO.: CV-0000334-03 1 ` I IV Date Filed: 11/03/03 FOR Pr.ATMTTFF ® Judgment was entered for: (Name) xrr.r,v AAIn/nR navrn r., ARTRR ® Judgment was entered against: (Name) RAFR, xRrSmA _ in the amount of $ 1,q40 00 on: (Date of Judgment) 1 15,10I D4 7 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment Judgment Costs $?-S.S.OA Interest on Judgment f .00 This case dismissed without prejudice. Attorney Fees $ 00 Total $ 1,940.00 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgm2ht Credits"' Portion of Judgment for physical Post Judgment Costs ._._._ damages arising out of residential lease $ Certified Judgritent Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A 1101 frE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU - MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE 1:0, I, Es . ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT - OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. I - 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYSJN R:+,.;.; S-TT1.FS, .. OR OTHERWISE COMPLIES WITH THE JUDGMENT. - Date District !u.tice I certify that this is a True nd correct copy of the reco? of th proceedings containing the judgment. Date District JustlC9 My commission expires first Monday of January, 2004. SEAL ADPC315,03 DATE PRINTED: 1/20/04 1:30:26 PM ???? ?? r-? r ?- 00 [ ? f 1I 1 " ?' ? \,. c.-, r-? CJ cP C..: C co -?l ? t _ \ Cu ? fl 7 ? ?, ? :. (S3 i ? ?, ?.. ? } c) +.. "` i u.S. Postal Service CERTIFIED MAIL REC EIPT ti (Domes c M1 C3 r9 S Ill a Postage $ f Ill Certified Fee - [AA rll Return Receipt Fee (Endorsement Required) - O E3 Restricted Delivery Fed ,n I C3 (Endom ntlorsement Required) C3 Total Postage B Fees Via , :2- ,-I Sent To --- ---------------------------- ,41 ------------------------- I Street, APR No or PO Box No. ?? I Z . -------- -- --- r3 C3 ? M1 - -- - CI[y, State, Zl - - ?y? 111 .5 PVE 1 b .. J O m .1 IV r -,,^r i)C :rI PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE C (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal COMMONWEALTHN PE'NN`Y LVA IA ;$s COUNTY OF ..... AFFIDAVIT: I hereby (swear) (affirm) that) served G--2, upon the District,justice designated therein on a copy of the Notice of Appeal, Common Pleas No. . 2401{i ? by persons sarv4ee ?`? (certified] (registcrod) mail, (date of service) ? on, sender's receipt attached hereto, and upon the appellee, (name) ^t , 21) ©..I E] by personal service L?qy (certified) (registered) mail, sender's receipt attached hereto. l I / // FIRDMED) D INSCRIBED BEF# ME Title nraxiual DAWN M. SHUGHART, Notary My commissi n exf gN, Cumbedwill CI Ci0fI1f111B6M Nov. 26 2NO AGPC 312A - 02 C3 sig"Otme o; aftient U.S. Postal servic CERTIFIED M IL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 7 ra r-? Ln Postage a ul Certified Fee rU rn Return Receipt Fee 0 (Endorsement Required) C3 Restricted DelWery Fee C3 (Endorsement Required) f.3 Total Postage 8 Fees S rl Fe"ITO t, PaoC3 M1 State, ZIP+4' L A .UMMUNWEALTH OF PENNSYLV COURT OF COMMON PLEAS Judicial District, County of NOTICE OF APPEAL FROM ---JII DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 04-706 CTVTL NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Ke/ST9 K 6,q e MAGGGDS?.NO. NAME OF D.J. / l f/ C. r?n S .(? IC l?s l JE OF JU>DGMENT// IN ?`CU-dfj E LP,aipn1 iCKET No. •' , '" (J (J IC ,?V?U Po- ? / ??C.?'? V 03 SIGNATUREOFAPP TORATTORNE ??v-?Op033?- ??? .re algnea ONLY when this notation is required under Pa. R.C.P. 6J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgeeture o' P 't rary w Deputy L('SQ n TO -61 -ter nco wdimanr (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 a IF NOT USED, detach from copy of notice of appeal to be served upon appellee. ction before District Justice. PRAECIPE: To Prothonotary Enter rule upon O 'e` , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 04-706 CIVIL ' within twenty (20) days aft servie or suff ant of judgment of non pros. RULE: To ,C. c?t<(„( N ?? VfJ? Ij Signature orappellent or attomeyoregent f r l!i ,'3•L1"1-wbfiellnerd? (1) You are-r;aNi MAta?cyte 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 yby,dy eiscnal !0R«tce or by certified or registered mail. y? t (2) if you Gp hot l file a corrop ititiN M. (3) Tla 'd to of sepv" of this ryle jt, Date Irk, 014? J r YOU MUST INCLpp?•ACOpVOF AOPC 312-02 n this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. rf rvice was by mail is the date of the mailing. { Signature q rothonotery or put THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. COURT FILE. Kelly-Marie H and / or David D Carter, Plaintiff PENNSYLVANIA V. Krista K Baer, Defendant IN THE COURT OF COMMON PLEASE :CUMBERLAND COUNTY, NO. 04-706 CIVIL CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court lour defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HF.T.P- COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Les ban demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demanders en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Kelly-Marie H and / or David D Carter, IN THE COURT OF COMMON PLEASE Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-706 CIVIL Krista K Baer, CIVIL ACTION Defendant COMPLAINT 1. Plaintiff David D. Carter is an adult individual with a current residence of 9501 Tregaron Place, Burke, Fairfax County, Virginia 22015. 2. Plaintiff Kelly-Marie H. Carter is an adult individual with a current residence of 9501 Tregaron Place, Burke, Fairfax County, Virginia 22015. 3. Defendant Krista K Baer, is an adult individual with a current residence of 71 Cold Springs Rd, Carlisle, Cumberland County, Pennsylvania. 4. On or about 6/9 July 2002 the Defendant, Krista K Baer leased a single family home, at 114 Dogwood Dr, Mt Holly Springs, Cumberland County to the Plaintiff for the term of 1 year. 1. BREACH OF CONTRACT- KRISTA K.BAER 5. Paragraphs 1 through 4 are incorporated herein by reference as though set fourth at length 6. Ms. Baer (land lord) entered into a residential lease contract with Mr. David D. Carter (tenant) on or about 6/9 July 2002. Ms. Baer let it be known at that time that her then husband - Ron Baer was to act as the property manager. 7. Several weeks later Mr. Carter assumed possession of the property. 8. Mr. / Ms. Baer were provided written notice on 19 Ju r1-2003 of Mr. Carter's intent to vacate the premises between 14 - 24 July 2003 due to his impending military transfer. An additional written update was provided to Mr. / Ms Baer by Mr. Carter on 29 June 2003 given the exact date of vacating the premises on 20 July 2003. 9. This notice is clearly within the scope of the lease between the plaintiff and the defendant (paragraph 3) and with in the scope of the military clause. 10. In the letter dated 29 June 2003 Mr. / Mrs. Carter clearly ask Ms Baer to come to the property upon move out to inspect the premises as necessary and to refund the security deposit and also provided their forwarding address. 11. In addition Mr. / Mrs. Carter tried to contact both Mr. / Mrs. Baer via telephone to arrange a time to meet to perform said inspection. Neither Mr. nor Ms. Baer could be contacted, messages were left but no calls were returned. 12. Mr. / Mrs. Carter left the premises at 114 Dogwood Dr, Mt Holly Springs, in significantly better condition than when they assumed it. The property was left ready for the next tenant to move-in without any work of any kind required by Mr. / Mrs. Baer. 13. After moving to Virginia Mr. / Ms. Carter made many attempts to contact Mr. / Ms. Baer In an effort to retrieve the security deposit in question. No correspondence of any kind was ever received. 14. Mr. / Mrs. Carter attempted to contact Ms. Baer by phone and email. Several phone messages including the forwarding address were left on Ms. Baer's home answering machine. No Calls were returned. No correspondence was received. 15. Mr. Carter was able to speak with a baby sitter and left a message also including his forwarding address. This call was not returned. No correspondence was received. 16. Mr. Carter was able to speak with Ms Baer's Mother and left a message also including his forwarding address. This call was not returned. No correspondence was received. 17. On 11 Sept 2003 Mr. / Mrs. Carter sent a certified letter to Ms. / Mr. Baer's home again requesting return of the security deposit. Normally certified letters are attempted to be delivered 3 times before being returned to the sender by the post office. The letter was returned because Ms. / Mr. Baer failed to accept delivery. Z 18. On 3 October 2003 Mr. / Mrs. Carter sent a certified letter to Ms. Baer's office again requesting return of the security deposit. This letter was signed for by Jane McClain on behalf of Ms. Baer. 19. Still no correspondence of any kind was received. 20. As a result of Ms. Baer's breach of contract Mr. tarter incurred losses of $2,236.00. Wherefore, the Plaintiff demands judgment against the defendant in the amount in excess of $2,236.00 plus interest, damage, delay and costs of suit. Said amount is within the limits of compulsory arbitration in Cumberland County, Pennsylvania. Date: I-7 KAUP 2-06/ Respec y submitted, elly- arie H. Carter 9501 regaron Place Burk , VA 22015 703 3 I hereby verify that the statements made in this document 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 unworn falsification to authorities. Date: / 7 Rj2mx 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 thedate and in the ease referenced below. 0 .. t,(Sd rf -IN lFt -(ft;M t in+r)){ .yt, u':;.JXr11r;: i. sIrRanxrEOFAPPELLANT oannanneryy?xr 1/ 0 3) ' when this notation is required uIf appellant lyas claimant (see Pa. R.C.AD.J. No. 01(6) in action ived by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within tmnly fore,possessioefintCnacase. (20) days after filing Um NOTICE of APPEAL. . ayam••orRMawmpeyorop•y ... •a••w WWWWR data*- tars QW of a 11011111111190110E.; Th Prothonotary linter rule upon when appellant was DEF NDANT (see Pa.R.C.P.b.J:*No. 1001(7) in action before District Justice. IF 0,60po8/to be served Upon appellee. . f ?" < r f apPellee(s), to fie a complaint in this appeal Name Of appeews) •e iii, M r . , . enty# d of aervk of zip, III' lawksm ?l SOW" ofappeowtoeseo ey orapem RULE: To A) r /E la`?.: ?/ t "?(5) Name of appeAWS) '(1) You is hereby entered upon you to file a complaint In this a I within twe 20 d fte Date: If AOPC 312-02 ppea my ( ) ays a r the date of service by eertModfift"Wered mail. this ti», J)LI NT. ,t)F NON PF1 WM" BE ENTEWD At3AKST YOU. ce was by mail is the date of the mailing. `J sgneme at??innbd 41 r HE NOTICE OF J1MGMENT/l`RANSCRIPT FORM WITH THIS NOTICE OF APP 5 ..;.. COPY Tar-n- :.064 c? ? p ? : ° -n _ .? ?r. ?- _ r? "? (_7 ? j ` Rr -r. -. CJ _' _ d ? Kelly-Marie H and / or David D Carter, Plaintiff IN THE COURT OF COMMON PLEASE : CUMBERLAND COUNTY, PENNSYLVANIA V. Krista K Baer, Defendant NO. 04-706 CIVIL CIVIL ACTION RESPONSE TO COMPLAINT We entered into a rental agreement with the Carters. At the time the duration of the intended lease was to be two years as Mr. Carter was stationed with Dickinson College in the ROTC department. Originally the intended lease was for two years. With this knowledge we did not relist the property. I received a letter indicating that they would be leaving as he was being relocated. I was left a forwarding address with the last months rent on an envelope when they gave notice of their impending departure in the middle of June. I relisted the property with the war college. It was however late in the "season" as most of the incoming class had already found housing. In the middle of July I was notified by Mr. Carter via phone that they would be leaving near the end of the month. I was asked about doing a walkthrough at that time. I had a planned vacation and informed them that I would be away but would agree to go through after I had returned and would get a hold of them if anything was out of order. This was agreeable to them as they had left the key in a designated area. I returned 5 days after their departure. I went and inspected the house and then tried to get a hold of them to discuss the trash that was left , the color of the rooms, and their share of of a $3400 bill from an issue earlier in the year. August 6`h - I received the first and only call of interest in the rental. However upon visiting they were not willing to move into the house unless the two bedrooms that had been the children's were repainted into neutral colors. Not being able to pass up renters since I didn't have it listed in time, and had only had this one call and could not afford to not have it rented, the rooms were repainted in great speed. In the meantime I attempted to get a hold of the Carters again so we could discuss this, the fact that there was a large volume of trash that had to be hauled away, and an issue that occurred earlier that year with some flooding in the basement. I left two messages for them to call. They returned my calls at work. I was working between two offices though and was missing their return calls. Near the end of August I sent them a letter explaining what I was willing to return to them based on the above mentioned issues. I heard nothing from them. I am assuming that they were unhappy with my letter and have pursued all of this action out of spitefulness. Rather than trying to resolve this amicably they have consumed a lot of time trying to discredit me with the rental department as well. As maintained in my letter in the late summer, I will return the difference between having the house painted, the trash hauled away, the portion of the bill from the night that Tuckey was called to respond to a sump pump not working that was actually due from Mr. Carter's negligence and failure to notice that the breaker was flipped on, and the extended time that Tuckey was unable to pick up their equipment after several attempts at contacting the Carters. This documentation of the number of times they tried to pick this up and call is all available from Tuckey Restoration. Tuckey had the same problem I apparently did trying to call the Carters. Date: g160 Respectfully Submitted, Krista Baer 47 West Pomfret Street Carlisle, PA 17013 717-486-8900 !-1 N - ? Tr J, --- ``r c; r c - ke 11, 0 A IZ 4" YS ?IZI'sfR 00ev -3Uti6- M3 ZOO `S RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: respectfu lly onsel or the pPaintiff/defendant in the above action (or actions), -ANAL+?represents that: 4 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $.? The counterclaim of the defendant in the action is '? The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully ry 50e ti6TG- ORDER OF COURT 4 AND NOW, tE o2 }9 oZdo t in consideration of the foregoing petition, p ,/ Esq., Esq., and i/ 01/Z 6 44 in Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, ` P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0),4_26( CNIL 19 N t y O ?, m r F yl ', ?; .u rC1 ?_:. ? Sf g v, l Co } .F' fG -G C7 f I;! tl 90 :11 f1V I Z 1'11f wz -Pot6_1' Court of Common Please June 14, 2004 Cumberland County Courthouse Carlisle, PA 17013 Kelly Carter p K -7 o 3 4 ZS S skp 9501 Tregaron Place kc&(-ter hk- (9 C'0 Burke, VA 22015 RE: 04-706 Civil Petition of Arbitration I am requesting that this matter be expedited. I am currently on orders for Operation Enduring Freedom with a deployment date of 6 July 2004. 1 further request that If my presence is required that I be allowed to participate via telephone conference call. I have not received any notice of defense, however was told by the Prothonotary clerk that something has been filed by Ms Krista Baer. I have not received any copy of this either from Ms Baer or from the court. ell arie Ca er Encl: $15 Petition for Arbitration -- p?. G Y ?J b a O? 4_J -r7 s{ nJ C ?A r a t"- -r7 T? -il ` ? [Tl :s ?• Kelly Carter ? ? . `.-.. 9501 Tregaron R G -- Burke M5-1732 k? _ .. 6(1364 a? 6? ce) 61-k ?.? 1 Lac. e Comae d ?uN'C? 'CO v? ? {FUSE CUFAb, (' A l?al3 or I?s(e) ?i=?:'•??v? l,,,ill,,,iil,,,,,,it„11,1,1„i,1„i,l„i,L„i,l„V,f,,,i,i1 V4111- owh 4+ 'w*t, to r avi b D. C.,tc r Plaintiff v. E lZryst? k . ?acr In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 - -jpro Defendant Civil Action - Law. Oath We do solemnly sw ar (or ffirm) that we will support, obey and defend the Constitution of the United State an e Co ti n of this Commonwealth and that we will discharge the duties of our office w fi z-L? Signature Signature Signature glvpe,L g &J ,, ,L Name (Chairman) Law Firm 5-?Jtt .0,4,,j tr- Address City, zip 46eAo4f 77' lr4xk-r Name 446 orH ,? ?u ?u k,?? s Law Firm 30 6, waw.0 /.e r sf Address CYI ?l? 17013 City, zip 4,o r, ie. wam m- Name Law Firm 2Y (1. 3 2,44t. Address city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Ue..A-.jA, i4 44vor a -N.c ?t4.ta+;st's, 1tc.tt j _ W%A rte H- AtJk DAy, D. Clrfcr, WA A j j a L 4 j & f- b e 4 t J A A o A - j KnY+yc 14. B L v r o i tJ *N?e a,rv t W. - O f 0 #J G '1k * KS..,Jd- Sedcw hrwdre l ;&(+y -atkt db Nlwrs ?q I0-441. 00) p lk%s ^ oSts . Date of Hearing: MJ'*-?Lr 12, 200?{ Date of Award: NO*4.4w i2, 20Y . Ar itrat r, dis ts. (Insert name if applicable.) 4, tu. t(. tj.A- - rj? ;,as; ro Notice of Entry of Award Now, the j day of , 20 at P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: B : 1 WDep Protho tary x- G!% rvt 7 C'i 1 q IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 7 KRISTA KAY KREBS CASE NO: 1-08-bk-04464-RNO a/k/a KRISTA K. BAER-KREBS a/k/a KRISTA K. BAER KRISTA KAY KREBS a/k/a KRISTA K. BAER, Movant V. KELLY AND/OR DAVID CARTER, Respondent(s) (LIEN AVOIDANCE) DOCKET ENTRY NO: 20 ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Krista Kay Krebs, to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Kelly and/or David Carter, in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2004-0706 is avoided and declared void as to all of the real property located at 114 Dogwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled By the Court, .6Lst v nj??,r Dated: March 3, 2009 Robert N. Opel, It Bankruptcy Judge This do=m&9 it elertrroicalljr signed and filed an the same date. C'C MFIEtD FROM THE RECORD this a s day of rC? , 20 Oft Cuurt VKirk, {.Ji,lhFWX D8PiaV CiI`W Case 1:08-bk-04464-RNO Doc 30 Filed 03/03/09 Entered 03/03/09 08:57:21 Desc Main Document Page 1 of 1 C s -CD .-4 }