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HomeMy WebLinkAbout09-6340COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ,3 Ill C ??NOTICE OF APPEAL 00L..GH erry 1 4'GvcrI VAle- Rd PA l70 DATE OF JUDGMENT IN THE CASE OF (Pbk&n ?••• • .• ., (6 " Can*cX PA C ,? Hr?4Q( II.L.aiAetr ke. XAIA; mm i DOCKETWO. L ? ^ 0000 ? R? TuRE OFS4PPELLANT OR A OR AGENT I -I- V 2.2. r h. 1. .. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant WAS Claimant (Va 1'8. K.(:.Y.U.J. M. Mu](0) in acuvn 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 action before District Justice. IF NOT USED, detach from copy of nodde of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon C eve ty-c( Pk c ufA e e'ci Fow -Aciti,-T 0 v? appctlee(s), to file a complaint in this appeal Nanw a apw"(S) (Common Pleas No. _02- (03 gO ov .I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. of t orstbmsy ar sor RULE: To L'E.'M1'f'ftt PA Cot l° edGDGV?. . appellee(s) Nana of appol"w (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 mad. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. .' IV (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .200q YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH 1114 21H OF PEAL. 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 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. PROOFi,0F S*$RV/ WAPA 8lEN®TJE YSF EAL ANDRULE tO FILE COiI LA111f9° ~ t m . (This proof of service MUST BE FILED MTHIN 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 of official before whom affidavit was made Signature of alFiant Title of official My commission expires on 20 NA d 1L W C ?o to F r b9 n r/ C N C < . DO 0 r 05 M co -? ' . , COMMONWEALTH OF, PENNSYLVANIA (:f)l INTV n;:• CUMBERLAMD Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 9 8 S IMLA DR STE' 1 RNO _ LA, , PA Telephone: (717 j 728-2805 17025 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rCZ3ITRAL PA COLLEGE EDUC FODPDATIO? PO BOX 309 ATTN : MATTHEW LANZ LSIU M[ERDALE, PA 17093 J v5. DEFENDANT: NAME and ADDRESS rLAMARCHE, MICHAEL, ET AL. 119 WERTZVILLE ROAD MWOLA, PA 17025 MICHAEL LAMARCHE L J 119 WZRTZVILLE ROAD Docket No.: LT-0000277-09 MIOLA, PA 17025 Date Filed: 9/02/09 THIS IS TO NOTIFY YOU THAT: _-Judgment:_ ` FOR `INLAINTXrr' ® Judgment was entered for: (Name) CE>dPtR7?L PA COLLEGE EDUC. FO>QPD Fil Judgment was entered against LAKA CHE, MICHAEL in a Landlord/Tenant action in the amount of $ 121.50 on 9/16/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 425.00. ' The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ .00-$ .00= $ .00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ -00-$ -00= $ 00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ L/T Judgment Amount $ 00 ? Attachment Prohibited/ Judgment Costs $ 121.50 42 Pa.C.S. § 8127 Attorney Fees $ -00 ? This case dismissed without prejudice. Total Judgment $ 121.50 ® Possession granted. Post Judgment Credits $ Post Judgment Costs, $ Certified Judgment Total $ Possession granted if money judgment is no satisfied by time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. - - IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN ,TEN„DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERKOF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO: OBTAIN A .SUPERSEDEAS, THE APPELLANT MUST DEPOSIT;WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRYOFJ,UDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITFITHE 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, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESSIVIAY BE ISSUED BY THE MAGISTERIAL DISTRICT 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. SEP 16 2009 Date Magisterial District Judge certify that this is a true an o t copy t rec e r s containing the lu gment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AO C3t5A-08 • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COI®ERLAW Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. D017OHERTY Address: 98 S I=r A DR STS 1 MOLA, PA Telephone: (717 ) 728-2805 17025 NOTICE OF JUDGMENT/TRANSCRIPT .PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS O rt' MTRAL PA COLLEGE EDUC. irouwATIOi PO BOX 309 ATTN : MATTHM LANE LSDIO113RDALE, PA 17093 J VS. DEFENDANT: NAME and ADDRESS FL- IIARCHE, MICHML, ET AL. 119 WERTZVILLE ROAD KOLA, PA 17025 MICHAEL LANARCHE L J 119 NERTZVILLE ROAD Docket No.: LT-0000277-09 all EAOLA, PA 17025 Date Filed: 9/02/09 THIS IS TO NOTIFY YOU THAT: Judgment-- _ ® Judgment was entered for: (Name) CZNTRAL PA COLLZOE EDUC. POURD Judgment was entered against _ MISLYAN, KATHY in a Landlord/Tenant action in the amount of $ 121.50 on 9116109 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 425.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less- Security Deposit Applieg= Rent in Arrears $ . 00 - $ 0 = Physical Damages Leasehold Property $ .00- .00= Damages/Unjust Detention $ -00-1 _00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount .00 $ .00 $ _00 $ _00 $ _00 $ .00 $ 121.50 $ _00 $ 121.50 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE; PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY./CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE 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, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED 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. SEP 16 2009 Date , Magisterial District Judge certify that this is a true an o t copy t rec e ro s containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AO PC 315A-O8 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse I so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. I. ArticleAddressed to: Cep {-??z l PA ?dll etc !Ej„C- C 0? QD, fox 30? S, w VKeU D? l er I X 37ure C ' went ? Addre BA Received by (Printed Name) y 9 ,,Date I Del D. Is delivery adds d$fj9 t from Item. If YES, enter deli44a=below. ../i4' ^11l 3. SqPKCe Type Certified Mail ? Express Mall ? Registered ? Retum Receipt for Merchandise E3 Insured Mail [3 C.O.D. 1709(3 4. Restricted Delivery? (F_xtra Fee) ? Yes 2. Article Number 7008 3230 0000 7648 3852 (Ransfer from service. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WI540 (This proof 0 (Transfer from servk 7008 3230 0000 7648 3845 r/icabte boxes.) PS Form 3811, February 2004 Domestic Return Receipt -102596-024&1540: COMMONWE ------- -- - - - - COUNTY OF Cu Atbe, ; 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) T- 20 (9q ? by personal service i by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Ce? j)rC ` PA co I (ed?Q; ofLn? ?C' e ,20 ? b ersonal service p' f p 011 y p by (certifie tared) m sender's receipt attached hereto. 1 (SWORN) (AFFIRMED) AND SU CRIBED BEFORE ME THIS DAY OF 20M. Signal le of ici before whom davit was made Title of official My commission expires on 41V 20-Q_. NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 G' rp ate; rC afFant CENTRAL PENN COLLEGE IN THE COURT OF COMMON PLEAS OF EDUCATION FOUNDATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2009-6340 CIVIL TERM V. CIVIL ACTION-LAW MICHAEL H. LAMARCHE and KATHRYN E. MISLYAN, EJECTMENT Defendants. 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 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CENTRAL PENN COLLEGE EDUCATION FOUNDATION, Plaintiff V. MICHAEL H. LAMARCHE and KATHRYN E. MISLYAN, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6340 CIVIL TERM CIVIL ACTION-LAW EJECTMENT COMPLAINT IN EJECTMENT NOW, comes Plaintiff, Central Penn College Education Foundation (hereinafter referred to as "Central Penn"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1. Central Penn is a Pennsylvania trust with an address of College Hill Road, Summerdale, Cumberland County, Pennsylvania 17093. 2. Plaintiff owns a residential building located at 119 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. Defendants, Michael H. LaMarche and Kathryn E. Mislyan are adult individuals who reside at 119 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. And the tenants are the Defendants herein. 4. No written lease exists between the parties and a month-to-month lease relationship was in place. 5. Defendants took possession of the leased premises in approximately 1992. 6. The property at issue is the real property as described in the legal description attached hereto as Exhibit "A" and incorporated by reference. 7. Plaintiff obtained title to the property referenced on Exhibit "A" on February 13, 2009 by deed recorded at Instrument No. 200910871, with the Recorder of Deeds of Cumberland County. 8. On July 16, 2009, Plaintiff provided Defendants with a Notice To Quit requesting the Defendants remove themselves from the property on or before August 31, 2009. 9. To the date hereof, Defendant's remain in possession of the premises. 10. Defendants failed to cure their default after notice. WHEREFORE, Plaintiff requests judgment in ejectment be entered in its favor and against Defendants together with costs and expenses of this action. Respectfully submitted, R M O EN, BA zl. /,) Davi d A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint In Ejectment are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsificatio s to authorities. 1 David A. Baric, Esquire Dated: October 14, 2009 ? t DEED OF DISTRIBUTION C:(DFIY Tax ID #09-15-1291-006 MADE this /0 day of Ft?br(.Lit.r? t 2?, 7 Between THE SHIPPENSBURG UNIVERSITY FOUNDATION, INC. and JOEL R. ZULLINGER, Co-Executors of the ESTATE OF GEORGE J. MILLER, JR., late of East Pennsboro Township, Cumberland County, Pennsylvania, deceased, hereinafter whether one or more referred to as "GRANTOR, 11 And CENTRAL PENNSYLVANIA COLLEGE EDUCATION FOUNDATION of Summerdale, Pennsylvania, hereinafter whether one or more referred to as "GRANTEE," WHEREAS, George J. Miller, resident of East Pennsboro Pennsylvania, having first made 5, 2007, with said will being testamentary issued thereon to Register of Wills of Cumberland 23, 2008, and Jr. died on January 4, 2008, a Township, Cumberland County, last will and testament dated May admitted to probate and letters the above-named Grantor by the County, Pennsylvania, on January WHEREAS, at the time of death decedent died seized in fee of the hereinafter described real estate and WHEREAS, Paragraph V of the decedent's will, a copy of which is filed with the Register of Wills, specifically devises the hereinafter described real estate situate at 119 Wertzville Road, East Pennsboro Township, Cumberland County, Pennsylvania, to Grantee, and WHEREAS, it is the intent of this deed to distribute to the said Grantee, in full satisfaction of the specific devise under Paragraph V of said will, real estate at 119 Wertzville Road, East Pennsboro Township, Cumberland County, Pennsylvania. NOW, THEREFORE, WITNESSETH that the Grantor herein does hereby grant and convey in fee simple to said Grantee ALL the following described real estate lying and being situate in East Pennsboro Township, Cumberland County, EXHIBIT "A" Pennsylvania, more particularly described as follows: BEGINNING at a point at the corner of the northerly edge of Wertzville Road, SR 944, and a 40-foot unopened right of way known as Grant Street, as shown on boundary survey hereinafter mentioned; thence along the unopened Grant Street, North 17 degrees 11 minutes 19 seconds West 372.36 feet to a point at a 15-foot unopened alley on said boundary survey; thence along a 15-foot unopened alley, North 72 degrees 37 minutes 31 seconds East 155.62 feet to a fence post found at a 10-foot unopened alley on said boundary survey; thence along a 10-foot unopened alley, South 13 degrees 59 minutes 41 seconds East 450.07 feet to the northerly edge of Wertzville Road, SR 944; thence along Wertzville Road, SR 944, North 76 degrees 49 minutes 2 seconds West 151.3 feet to the place of beginning, containing 1.36 acres or 59,262 square feet, as shown on boundary survey prepared for George J. Miller, Jr., 119 Wertzville Road, dated January 20, 2009, and prepared by Alpha Consulting Engineers, Inc., attached hereto. THE above-described real estate is intended to be the same which Thelma A. Bretz, Administrator d.b.n. of the Estate of Dessie S. Burris, by deed dated September 30, 1963, recorded in Cumberland County, Pa., Deed Book Z, Volume 20, Page 719, conveyed to George J. Miller, Jr., Grantor decedent. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. AND the said Grantor does covenant, promise and agree to and with said Grantee, the heirs, executors, administrators and assigns, by these presents that Grantor has not heretofore done or committed any act, matter or thing whatsoever whereby the premises hereby granted or any part thereof is, are, or shall be or may be impeached, charged, or encumbered in title, estate or otherwise howsoever. IN WITNESS WHEREOF, the said Grantor does hereby cause these presents to be executed the day and year first above written. Witness: THE SHIPPENSBURG UNIVERSITY FOUNDATICW, INC. STATE OF PENNSYLVANIA: COUNTY OF Z. (Seal) -Executor 1 R. Zullttsler, Co-Exeqfdto al) Uv? On this the day of 4&_\bef ore me a notary public pers nally appe re who acknowledged himself to be the of The Shippensburg University Foundatio c., a corporation, Co- Executor of the Estate of George J. Miller, Jr., being authorized to do so, exe uted/??the foregoing instrument for the purposes therein M'A b}?.gning the name of the corporation by himself as such'' rz " . seal. In Witness Whereof, I have hereunto set my hand and official iNSYLVA": N6;:,ria! Seal Jaoqueiine L. Dravlbaugh, Notary Public South Middleton Twp., Cumberland County My Commission Expires Aug. 14, 2011 Member, Pennsvh ? -lation of Notaries STATE OF PENNSYLVANIA: COUNTY OF 1,4,? 1 L?J On this the K? day of 2047 ?, before me the undersigned officer, personally appear Joel R. Zullinger, Co- Executor of Estate of George J. Miller, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the foregoing deed for the purposes therein contained and desired the same to be recorded as such. Witness my hand and official seal the day and year first above written. 1 Notary Pub c TWA L BNLNorC V SMVMNS$UH CUMUN.COrt mWo I hereby certify that Grantee's office address is: 1 > r 1 it - l' Dated: precise residence and post D i'i c9? ' ice' ?,.'?';?,1 Ij' ? • ? ? % -_ ? ,? ?, 5QLL41 I ?\l ? ' a r ti a 4a Bed Bod ?o-Q Page 7N2 $ II rare, 09 7 p91 `OR, 4 : rer -a=-49 - - - / I!-Q PeOe /e0 S / / Otea Bed r , veer : ti ? A ? - Part R t rey G Berner N Ono Bast 70-Q Peat /JJ re. -ear : ? ? ? A - 0y_15-1297-002A - I I I I gg? (II IIII 5 I „ I I 'C ? ,4Pn I I IIII "? I IIII MH HUM <A9.-Rj Omni W, ss a Y ?.. A I $e ? I? I I 8 R = N 1 O l N O 8 11?1? $ a T e Z ? • 1110MCM SMEY PL.A14JIN0r6NONEM9VN0*8UgVEYM ` ?M LJMBKLN RD. P.O. BOX 'O' i GEORGE J. MILLER, JR. NEW CUKAM LAND. PA f7O7O ' 119 WERTZVILLE ROAD M-WA CONKLTM @IOMOq NC P te)!;1j726M f Gti PDIMM torso. OANSLA a WArf PD*1MVMA W W WALPHAC LCOM ?' AWy eawlM^a^S . ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200910871 Recorded On 4/7/2009 At 2:46:17 PM * Total Pages - 7 * Instrument Type - DEED Invoice Number - 40980 User ID - KW * Grantor - MILLER, GEORGE J JR * Grantee - CENTRAL PENNSYLVANIA COLLEGE EDUCATION FOUNDATION OF SUMMERDAL * Customer - NAYLOR * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $14.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 EAST PENNSBORO SCHOOL $0.00 DISTRICT EAST PENNSBORO TOWNSHIP $0.00 TOTAL PAID $51.50 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS ?`f750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIXOR 1111111111111111111111111111111 CERTIFICATE OF SERVICE I hereby certify that on October 13, 2009, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Complaint In Ejectment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Michael H. Lamarche Kathryn E. Mislyan 119 Wertzville Road Enola, Pennsy ania 17025 David A. Baric, Esquire 2009 OCT 13 All., !C: 5 3 w Respectfully submitted, O'BRIEN, BARIC & SCH R David A. Baric, Esquire Date: October 20, 2009 I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CENTRAL PENN COLLEGE EDUCATION FOUNDATION, Plaintiff V. MICHAEL H. LAMARCHE and KATHRYN E. MISLYAN, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6340 CIVIL TERM CIVIL ACTION-LAW EJECTMENT PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Complaint In Ejectment filed in this matter on October 13, 2009. VERIFICATION I, Matthew G. Lane, verify that the statements made in the foregoing Complaint In Ej ectment are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: !d ?Y ' dr-c? 0 '00 ?f ?-e-- Matthew G. Lane, Director Central Pennsylvania College Education Foundation F1Lr'--(J???•yLt? tµ`LI? pfi OF THE 2109 OC # 20, Phi 3: 43 GUiiJ ?? 1 !? `? E ! CENTRAL PENN COLLEGE EDUCATION FOUNDATION, Plaintiff V. MICHAEL H. LAMARCHE and KATHRYN E. MISLYAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6340 CIVIL TERM CIVIL ACTION-LAW EJECTMENT PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of JAMES W. KOLLAS, as counsel for Michael H. Lamarche and Kathryn E. Mislyan, Defendants, in the above-captioned matter. RESPECTFULLY SUBMITTED: fames W. Kollas, Esquire Supreme Court I.D. No. 81959 KOLLAS AND KENNEDY 1104 Fernwood Avenue Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR DEFENDANTS Dated: 10-1,2'-o 7 y" I ,,)F THE 2409 NOV - 6 P 3: 07 tPC:%?1 ` to 11L-05-09 12:12 Pq: 2 CENTRAL PENN COLLEGE IN THE COURT OF COMMON PLEAS OF EDUCATION FOUNDATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2009-6340 CIVIL TERM V. CIVIL ACTION-LAW MICHAEL H. LA.MARCHE and KATHRYN E. MISLYAN, EJECTMENT Defendants. PRA,ECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice, Please release the escrowed funds to the Plaintiff. 7/41' RIEN, B C & SC. r David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 KOLLAS AND KENNEDY J es Kollas, Esquire ?i 1104 Fernwood Avenue Camp Hill, Pennsylvania 17011 (717) 731-1600 Attorney for Plaintiff on Date: l? 0 Attorney for Defendants Date: l1 ? ,90 20`3 ?'d t 0 P? 2' S? cVitih? , tit ltJ''t S L