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Home My WebLink About04-0784IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & : LUMBER PRODUCTS, INC., : Plaintiff : ._ VS. ALAN UNGER, : Defendant Case No. ~ Civil Action - Law NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 f6r ~my other claim or relief requested by the Plaintiff. You may lose money or property important to you. BATTERSBY & SltEFFER ~I'ORNEYS AT LAW PO. Bnx 215 20 W Ma~. SIreet YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6250 BATTERSBY & StlEFFER d'I'ORNEYS AT LAW PO R~x 215 20 W. Main SIreel Fairfield. PA 17320 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff VS. ALAN UNGER, Defendant Case No. 2004-S .. ._ : : .. Civil Action - Law _. COMPLAINT IN ACTION BY BUYER FOR NON-DELIVERY OF TIMBER BY SELLER Count I AND NOW COMES, the Plaintiff, Mt. Valley Farms & Lumber Products, Inc, a corporation, by its attorneys, Battersby & Sheffer, and Matthew R. Battersby, Esquire, and brings this action for breach of contract against Defendant, Alan Unger, in the above-entitled action wherein the following is a statement: 1. Mt. Valley Farms & Lumber Products, Inc. is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, having its principle place of business at 1240 Nawakwa Road, Biglerville, Pennsylvania 17307 and owns and operates a saw mill business at 1240 Nawakwa Road, Biglerville, Pennsylvania 17307. 2. The Defendant, Alan Unger, is an adult individual and owner of timber property located at 236 Red Tank Road, Boiling Springs, Pennsylvania 17007. 3. On December 28, 2003, the Plaintiff and Defendant entered into a certain written contract, a copy of which is hereto annexed, made a part hereof, and marked Exhibit "A" whereby the Plaintiff agreed to purchase 80 acres of standing marked timber located on Defendant's property at 236 Red Tank Road, Boiling Springs, Pennsylvania at a price of Forty-Five Thousand Dollars ($45,000.00). 4. On or about January 12, 2004, Plaintiffpaid Defendant a deposit of Ten Thousand Dollars ($10,000) as called for by the subject contract. 5. On or about February 5, 2004, prior to starting the harvesting operation, Plaintiffpaid Defendant the Thirty-Five Thousand Dollar ($35,000.00) balance due. 6. Plaintiff and Plaintiff's subcontractors and agents started harvesting the timber in accordance with the subject contract but was ordered off the Defendant's property by the Pennsylvania State Police on or about February 16, 2004. 7. Defendant continues to refuse Plaintiff or Plaintiff' s employees, agents, or subcontractors access to the subject property disregarding his promises in said contract. 8. On or about February 18, 2004, Plaintiff made a written demand of Defendant for a refund of Forty-One Thousand Dollars ($41,000.00) due to Defendant's unilateral repudiation of the contract, a copy of said demand statement is hereto annexed and made a part hereof and marked Exhibit "B". 9. The Defendant has, and still has, refused to allow Plaintiffto harvest the timber on Defendant's land, or in the alterative, refund Plaintiff the balance of the prepaid contract price of Forty-Five Thousand Dollars ($45,000.00), less credit for trees harvested of Four Thousand Dollars ($4,000.00), for a sum of Forty-One Thousand Dollars ($41,000.00) due and owed the Plaintiff. 10. By reason whereof the Plaintiffhas suffered the said loss of Forty-One Thousand Dollars ($41,000.00) being the difference between the contract price of Forty-Five Thousand Dollars ($45,000.00) paid to Defendant and the Four Thousand Dollars ($4,000.00) worth of trees obtained from Defendant's land. WHEREFORE, there is due and owing Plaintiffthe stun of Forty-One Thousand Dollars ($41,000.00) with interest from February 16, 2004. Count II Plaintiff incorporates paragraphs 1 through 10 above as though fully set 11. forth herein. 12. The subject matter of the contract between Plaintiff and Defendant is timber that has been professionally identified and marked by a registered forester in the employ of Plaintiff. 13. By reason of the aforesaid account of Defendant's refusal to allow Plaintiff, or Plaintiff's agents and subcontractors immediate access to said marked timber, Plaintiff has suffered a loss of profits at the Plaintiff's saw mill of Twenty-Five Thousand Dollars ($25,000.00), together with a loss of the subject value of the remaining unharvested timber of Forty-One Thousand Dollars ($41,000.00). WHEREFORE, given the unique profit value of the subject timber, Plaintiff prays for a Court Order ordering Defendant to specifically perform in accordance with subject contract. Respectfully submitted, M~atthew R. ~'"-:~ Battersby, ~q~ire ~r Plaintiff ~ Battersby & Sheffer 20 W. Main Street P.O. Box 215 Fairfield PA 17320 (717)642-6260 Dated: VERIFICATION I, Henry L. Taylor, President of Mt. Valley Farms & Timber Products, Inc., Plaintiff, verify that the statements made in this Complaint 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 unswom falsification to authorities. L Taylor~g//Q FILE-No,l?5 01/22 '04 14:27 ID:MT VALLEY FARMS FAX:7176779253 PAGE 2/ 5 MT. VALLEY FARMS & LUMBER PRODUCTS, INC. 1240 Nawakwa Road · Biglerville. PA 17307-~728 . A PHONE 717-677.6166 ~ ~ FAX 717-677.92S3 ~l ~ www, mtvalle~fit~ts, com ~ ,- H.~I~HAgL TAYM}R SALES AGREEMENT AND LICENSE TO CUT TIMBER Tills AGREBMENT. mad~ this ..L~day of /')Ece, n Oe,"' _ 200..~ between ~/a~ O tl~r /~A £*~ hereinafter called Seller{s), of ~ff6~fq,,k e,i, ~l~'.c ~vts~, owner in Fee simple of timber la~d ofapproximateJy ~ ~o~acres located along ~t, ~11o2 Farm~ ~lld ~umbor Produ~ti, Ill~, , 1~40 Nawakwa Road, i~l~rvill~, PA 17307 h~rcinafl~r called Purclms~r. I'ur~h~sgr is h~r~by anted a license to cut.and remove th~ timber From licensor's land pursuant the t~rms and conditmns~ine~_m this c[)ntract rut sale made o[even to. L~censor shall have ~~nths to cut aud rcm{we the timber. Purchaser shall be d¢emed to have a vested interest in the land and an casement lo come upon the land of Seller fi)T pu[poses o~ harvesting the t~d3er conveyed under this license. .~l~tis agreement sh~,ll be recorded in Thc ellrOrcenlent alld interpretation or this agreement shnll be governed by the laws o~the State o~ Maryland. 'I'ERMS O!l AGRI]EMENT j~. Trees designated lot' cutting are marked with _.~..//__o,~ tree marking / ~:~.ondilions o~Sale: . .~ ~ The Purchaser agrees to pay thc Seller Iht ~um ~l $ ~ ~ ~ ~ For the abuvcmenti~mcd frees on apl)ruximalely _ ~O_._ acres. FILEJ No.175 01/22 '04 14:28 ID:I1T VALLEY FARMS FAX:?1?6??9283 PAGE 3/ 5 Payments to be made as follows: /~1) $ //~ooo, m dollars 2) $ 3~ ~. ~ dollars 3) $ dollars 4) $ dollars The Purchaser agrees to waive all claims to the above designated trees unless they are cut ~ months after all permits and authorizations are obtained. This period will be extended if conditions beyond the control of the Purchaser prohibited him from entering onto the property. 'Seller guarantees to the Purchaser he is the lawrul owner of all trees covered by this agreement, and the sale of said timber is made free and clear of all liens, encumbrances and security interests. Seller agrees to defend against ali claims to the contrary, at his expense. Seller grants to the Purchaser the righ~nd privileges to entert"~'t~'the property over the lands held by~ot~rs from a public road. He further guarantees should this right of/afcess be denied to the Purchaser, he shall return all monies paid by t~Purchaser for timber he has paid for but not removed unless anothe.r~cess of mutual satisfaction can be established. 6. Seller grants the right and privilege to the Purchaser to enter on to the property concerned with this agreement for the purpose of removing timber herein sold. The Purchaser shall have the right to construct any roads or improvements necessary to remove trees, Road and impJ'ovements shall be located in a location agreeable to both parties.. ~a, Purchaser agrees to maintain all roads and other improvements In a ~ / condition as good or better than when logging use began. ,, i~o. Upon. completion of use by the Purchaser he agrees to regrade and ,~ stabihze all areas with disturbance caused by logging beyond '~- ordinary wear and tear. Haul roads and skid trails will be returned in a manner that will help prevent erosion. FILE No.175 01x22 '04 14:29 ID:MT VALLEY FARMS FA×:7176779289 4/ 5 FILE. Nc.l?5 01/22 '04 14:29 ID:HT VALLEY F¢IP~I$ F~×:?176??@253 PaGE 5/ 5 7. Purchaser, agrees to hold the Seller harmless from any liabilities resulting ,//from accidents occ. urring as a direct result of the timber harvesting IY(f operation. Appropriate insurance policies are held b.y the Purchaser ~" ~hich will protect the Seller from all such liabilities, t~0 t, s,i,'¢~.. ~o~,~ 8. All portions of trees not removed as part of the timber h,a~,el~ting operation shall be considered as property of the Seller. No operations except those of the Purchaser shall be permitted while harvesting operations are in progress. 9./Id the event Purchaser is prohibited from harvesting any trees which are ./included in this agreement, and provided Purchaser has made a reasonably diligent effort to correct any deficiencies and harvest sa!d trees: the Seller agrees to refund any monies which have been paid m ady~nce for these trees. .2~,,.~,~.~/~.,~.'F"'l~,,.,~-,~ ~r~o~;~-ff:~ t0tr) ' '13 r,-, ller cc . 10. 8oiler agrees to asshme all responsibility [or me aeterminafion aha location of all property and boundary lines. The parties have executed this agreement on the,~ay of ~ff'ta''~ _.~ Owner ~ ~ Owner y a d Lumber Products, lnc, Slat,, of Maryland % : On ~hia day of ~ , 20(I before me, , a NoIa~ ~blic, ~r~nally ap~aled, ~ -- , know~ mc lo be ~e p~rson who~e M~ i. ~ub~rJ~d Io the wi~in documem, a~ ac~owledg~ ~al h~she executed pu~a~ he. in conlained. _ _ _ ~ the foregoing for the IN WI~ESS WHE~F, I h~e~ ~t ~ h~d o~icial seal, . . ~ (Seal) My co~iision expires: ~ F~bE No.427 02~18 '04 14:48 IDrMT VRLLEY F~RM$ FAX:7176?79283 PAGE 1/ 1 iMT. VALLEY FARMS & LUUBER PRODUCTS, I,C. ¢ 1240 Nawal~.a Road · Biglerl, ille. PA 17307-¢72i~ ~ PtiONE 717-677-6166 ~ ~3X 717-677-0283 ~. ~ W ~'m tnlt,etlle.~fi~rms, c'om ~ ~ Alan Unger 236 Red Tank Road Boiling Springs, PA 17007 February 18, 2004 Mr. Unger: Since you have requested Mt. Valley Farms & Lumber Products, Inc. to quit removing the timber we purchased from your property, we are again requesting $41,000.00 to be returned to us for the trees we bought and have not harvested/removed fram your property. Sincerely, Henry L, Taylor President IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff VS. ALAN UNGER, Defendant Case No. 2004-S Civil Action - Law Dated: PRAECIPE To the Prothonotary: Please enter a Lis Pendens in the above-captioned matter. Respectfully submitted, R ~iff.~ Battersby & She erff~Y~ 20 W. Main Street P.O. Box 215 Fairfield PA 17320 (717)642-6260 IATTERSBY & SllEFFER rORNEYS AT I.AW PO Bnx 2~5 BATTERSBY & SHEFFER ~,Y~ORNF. YS AT LAW PO. Bm 215 20 W Main SIreel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff VS. ALAN UNGER, Defendant Case No. 2004- Civil Action - Law CORRECTED EXHIBIT "B" FOR ATTACHMENT TO PLAINTIFF'S COMPLAINT IN ACTION BY BUYER FOR NON-DELIVERY OF TIMBER BY SELLER Attached is corrected copy of our Exhibit "B" to be filed with Plaintiff's Complaint in Action by Buyer for Non-Delivery of Timber by Seller filed at the Office of the Prothonotary on February 23, 2004, at 3:54 p.m. Respectfully submitted, Dated: ~//atthew R. Battersby, Esqm~ c ff Battersby & Shef er~ 20 W. Main Street P.O. Box 215 Fairfield PA 17320 (717)642-6260 IF N~.l~,~ 0~,'1,9 'O~ 0~:l~ II~:MT VAI.IFY fARMS FAX:'?17877gA~3 PAGF 1× MT, VALLEY FARMS & LUMBER PRODUCTS, INC. 1240 Nm,,akwt~ R,,~,I · lti~lerville. PA 17307-972~ . ~_ PHONE 717-677 6166 ~ I~X 717.fi77-~283 ~,~- www. fill wil/e)~/~rnL~, conga ~ U F, NR¥ I,, 'rA¥l,lla II. MII'IIAItI.'rA¥1.I Ill i~Tt.~il k. iiI Vice I'refidcnl February 18, 2004 236 Red Tauk Road Boililt~, Springs, PA Re: Timber Contract wilh Mt. Valley Parrns & LUlllbm Plutlucl., hlc. Doar Mr. Unger: As you ore aware, MI., Valloy Fann~ & Lumber Producls. Inc, h~ a conlr~ct da~ed 13ecenlher 2R. ~()11~ In Ctll thither on your properly Iocsted ~1oo6 Red Tal~k Road in Cumberland Com~ly, I~mmsylvanis~. On Fohmary 16, 2004 Mt. Vallcy Farms & I.mnhcr lu~thm wid~ ils ~ubculllntciur were IlOtiR~l by the Pennsylvania State Police that we am ilot i)crmitted to cnler kqmn ymn' properly to compIole Iht harvesting or thc timber cve[~ (hough thc COllIl'aCI allows Ibr six months from December 28, 21103 in whid~ ll~ rm~mve Ihe limher. Mt. ValJcy has fiLIly paid yuu [or 111c ~uhjcct marked limbcr in Ibc amouut b~ airing yotl a $10,000.00 depo6iL Ihnl ele~rod their hank on 1/12/20(~ m~d an additlonal pa~mcnL or $~5,000.00 thut ~lumcd itmir hal~k on 2/051~0~4 prior to ~arl111~ harvc~L opcrnLion~. 1'o date, Mt. Valley and ils 6LlbcontraCtmS h~ve Ol~]y been able to ha~cs~ m~rked Iree~ havin~ a value 0¢$4,000.00. Duc Lo your unilateral repudiation of the contracl b~ reru~Jn~ to gr~nl Further ~CCeRR ami cnl~ Ul~m ynur I~nd in nrd~r Fro' Mt. Vnlley la ha~eit the iold timber, we hereh~ domend ~ Full and immediate retired e¢thc remaioin8 amount o[$41,000.00 p~r ~1~ comracl 9 kH' Iht contrac~ ll~l I~as been bmach~d hy you. Your failure Lo retired witl~i~ two days o¢ Ibc receipt of this loiter will n~o~sitate us takin~ Lhe appropriate leaal 8clion lo recover iht ~41,()00.(~1 owed tn MI. V~lle? Ioaether with 1est profits ~od con~equenli~l damage~, Si~cerely, I lcn~ I,, Taylor, Pic~itl*m ML Valley Iqlrl~s & [,llllll~el' 15'ndllclS, hie. c.e: Mslllhew R IILitier~hy, I?sq. SHERIFF' S RETURN - CASE NO: 2004-00784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MT VALLEY FARMS & LUMBER PROD VS UNGER ALAN REGULAR GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon UNGER ALAN DEFENDANT at 2035:00 HOURS, at 236 RED TANK ROAD BOILING SPRINGS, PA 17007 ALAN UNGER a true and attested copy of the on the 26th day of February , __ by handing to COMPLAINT & NOTICE together with to law, 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 4 Affidavit Surcharge 10 32 00 14 00 00 00 14 Sworn and Subscribed to before me this ~. day of -~ ~L~ A.D. ~ ~rothonotary So Answers: R. Thomas Kline 02/27/2004 PALLETS BULK BINS LUMBER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff Case No. 2004-784 VS. ALAN UNGER, : Defendant ; Civil Action - Law I~ATTI,:RSBY & SIIEFFER To; _NOTICE TO DEFEND AND CLAIM RIGHT.~; Alan Unger Date of Notice: March 16, 2004 LMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA/LED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 717-240-6100 P.O. Box 215 20 West Main Street Fairfield, PA 17320 (717) 642-6260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff VS. : : ALAN UNGER, : Defendant : Case No. 2004-784 Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that on the 16th day of March, 2004, a copy of the Notice ofTen Days for Default Judgment flied in the above-captioned case, was served upon the person(s) named below in the manner indicated: By First-Class, Regular Mail, Postage Pre-paid: Mr. Alan Unger 236 Red Tank Road Boiling Springs, PA 17007 ATTE RSBY & SllEFFER Dated: [) I (_. Battersby & Sheffer P.O. Box 215 20 West Main Street Fairfield, PA 17320 (717) 642-6260 DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 2~1 CA]iLISLE ]~A 17013, TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Mt. Valley Farms & Lumber Products, Inc. Plaintiff VS Alan Unger Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04 -- 784 Civil Term Civil action law Jury Trial Demanded 4. 5. 6. Answer and New Matter Admitted. Denied as stated. It is admitted that Alan Unger is an adult individual and owner of real property located at said address, it is not the address of the property in question. Admitted. Admitted. Admitted. Denied as stated. It is admitted that the plaintiff began cutting timber at the subject property however the plaintiff breached the contract with the defendant due to the plaintiff violating the terms of the written agreement as well as oral agreements with the defendant and were ordered not to return to the property. Admitted. Denied as stated. It is admitted that plaintiff made demand of the defendant the sum of $41,000.00. It is denied that there was a unilateral o repudiation of the contract. On the contrary, it was the unauthorized actions by the plaintiff which resulted in a breach of the contract. Denied as stated. It is denied that there is money due and owing the plaintiff as claimed. Denied. After reasonable investigation the defendant is unable to determine the truth of the matter asserted and proof thereof is demanded. Wherefore it is prayed that the complaint of the plaintiff be dismissed and judgment be entered in favor of the defendant and against the plaintiff. Count II 11. The answers to paragraphs 1 through 10 are incorporated herein and reference is made thereto. 12. Denied. After reasonable investigation the defendant is unable to determine the truth of the matter asserted and proof thereof is demanded. 13. Denied. After reasonable investigation the defendant is unable to determine the truth of the matter asserted and proof thereof is demanded. Wherefore it is prayed that the complaint of the plaintiff be dismissed and judgment be entered in favor of the defendant and against the plaintiff. New Matter 14. The defendant asserts any and all applicable affirmative defenses pursuant to Pa. R.C.P. 1030. Wherefore it is prayed that the complaint of the plaintiff be dismissed and judgment be entered in favor of the defendant and against the plaintiff. March 26, 2004 Respectfully submitted, Attorney for Defendant AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. / o- Alan Unger Date: March 26, 2004 MT. VALLEY FARMS & LUMBER PRODUCTS, INC., Plaintiff ALAN UNGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-784 - CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff, Mt. Valley Farms & Lumber Products, Inc. in the above matter. MARTSON DEA[U)ORFF WILLIAMS & OTTO Thomas J. Williar~s, Esquire Ten East High Street Carlisle, PA 1'7013 (717) 243-334]~ Attorneys for Plaintiff Dated: August 13, 2004 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS AND DOUGLAS P.O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO -off(i/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 13, 2004 MT. VALLEY FARMS & LUMBER PRODUCTS, 1NC., Plaintiff ALAN UNGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-784 - CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are directed to open and/or strike the default judgment entered on March 26, 2004. MARTSON DE,MRDORFF WILLIAMS & OTTO Dated: August 13, 2004 Thomas J. Williarfis, Esquire Ten East High Street Carlisle, PA 117013 (717) 243-334.1 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS AND DOUGLAS P.O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-33~[1 Dated: August 13, 2004 ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 782 CIVIL ACTION PETITION TO MAKE RULE ABSOLUTE AND NOW, this .a:~('t'"day of ~ , 2004, come the Plaintiffs, Robert Craig and Carolyn Craig by and through their counsel, Irwin & McKnight, and respectfully Petitions this Honorable Court to make absolute the previous Rule to Show Cause issued on July 27, 2004, and in support thereof avers as follows: 1. Plaintiffs commenced this action against Defendants on or about March 15, 2004, by filing a Landlord Tenant Complaint with District Justice Charles A. Clement, Jr. 2. On or about March 31, 2004, District Justice Clement issued a Notice of Judgment in favor of Plaintiffs in the amount $94.50 and established the monthly rent in the amount of $500.00. 3. On or about April 8, 2004, Defendant filed a Notice of Appeal from District Justice Judgment. 4. Defendant has deposited with the Cumberland County Prothonotary the monthly rent due, for the months of May, June and July. 5. Plaintiffs filed a Motion for the release of said funds and a Rule was signed on July 27, 2004, directing Defendants to show cause why the relief requested in the Motion should not be granted. 6. The Rule was returnable 20 days after service. The Rule was served upon Defendant through her legal counsel of record. To date, no response has been filed and more than 20 days have elapsed since service of the Rule 9. Plaintiffs request that the Rule be made absolute and that the Prothonotary release to the Plaintiffs the funds held in escrow. WHEREFORE, Plaintiffs, Robert Craig and Carolyn Craig, respectfully request that this Honorable Court enter the Proposed Order directing the Prothonotary to release to the Plaintiffs the funds held in escrow. Dated: August 26, 2004 By: Respectfully submitted, IRWIN & McKNIGHT ouglas0G. Miller, ~,sqmre Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Date: August 26, 2004 IRWIN & McKNIGHT r,-Esqu~re Supreme Court ID No. 83776 West Pomfret Prnfessional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs