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HomeMy WebLinkAbout10-6900IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and m c -' HEATHER STONE, NO. O -U9 Plaintiffs ` CIVIL ACTION - LAW r.; - -qcD v. {g e.? -mac ::' r STEPHANIE GRIMES, - , _ 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Q A 1 ? X34 e a AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, Plaintiffs NO. / 0 (p ?Qd CIVIL ACTION - LAW V. STEPHANIE GRIMES, COMPLAINT 1. Plaintiffs, Mark and Heather Stone, husband and wife, have a mailing address of P.O. Box 184, Shermans Dale, PA 17090. 2. Defendant, Stephanie Grimes, has a last known address of 43 Mountain Road, Carlisle, Pennsylvania 17015-9045. 3. Prior to October 3, 2005, Defendant was the owner of a mobile home which was located at an address of 82 Linda Drive, Lot 46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania 17050. 4. The Rosebrook Mobile Home was manufactured in 1986 with a Vehicle Identification Number D1225506. 5. On October 3, 2005, Defendant, while encountering financial difficulties resulting Defendants in her inability to sustain the park rental charges and real estate taxes, entered into a written Agreement with John Harris Michael Schell, also known as Jack Schell, whereby ownership and possession of said mobile home were transferred to Mr. Schell in exchange for Mr. Schell paying the back rent owed by Defendant for Lot #46 at Hodges Mobile Home Park. See Exhibit "A" for a true and correct copy of the Agreement. 6. Pursuant to the October 3, 2005 Agreement between Defendant and Mr. Schell, Defendant agreed to pay all real estate taxes owed for the mobile home located at Lot #46, Hodges Mobile Home Park. 7. Defendant failed to pay the real estate taxes owed for the mobile home pursuant to said Agreement with Mr. Schell. 8. Mr. Schell paid the lot rent owed by Defendant at the time of transfer in the amount of One Thousand One Hundred Eighty and 501100 Dollars ($1,180.50). 9. Mr. Schell paid the lot rent from October 2005 until he was subsequently able to rent the mobile home in July 2006. 10. The tenant paid the lot rent from July 2006 through October 2006, when Mr. Schell again began paying the lot rent until September 2007. 11. In September 2007, Mr. Schell sold the 1986 Rosebrook Mobile Home to Heather Ballew (now Plaintiff, Heather Stone) for a sum of Eight Thousand Five Hundred and 00/100 Dollars ($8,500.00) under an Installment Sale Agreement. See Exhibit "B" for a true and correct copy of the Installment Sales Agreement. 12. Plaintiffs have paid lot rent for Lot #46 at Hodges Mobile Home Park since taking possession of the mobile home in September 2007. 13. Plaintiffs have paid all real estate taxes due since 2006 for the mobile home. 14. Plaintiffs have paid for and maintained homeowners insurance on the mobile home since September 2007. 15. Plaintiffs have made substantial improvements to the mobile home during their time of ownership beginning in September 2007. 16. In May 2009, Plaintiffs paid in full the obligations of the Installment Sales Agreement. 17. Upon satisfaction of their obligations under the Installment Sales Agreement and as bona fide purchasers for value, Plaintiffs believe they hold legal title to the mobile home. 18. Plaintiffs were provided the Certificate of Title to the mobile home, but it was still titled in the original owner's name. 19. Defendant has made no payments toward lot rent, real estate taxes, or homeowners insurance since transferring ownership of said mobile home to Mr. Schell on October 3, 2005. 20. Cumberland County does not recognize Defendant as the owner of the mobile home for real estate tax purposes. 21. Defendant's only claim to said mobile home is the existence of a Certificate of Title issued in her name by the Commonwealth of Pennsylvania on June 19, 2000. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a judgment in their favor and against Defendant granting them possession and legal ownership of the 1986 Rosebrook Mobile Home, Vehicle Identification Number D1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, along with court costs and reasonable attorney fees. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: 0 r By. -Ro Alt, Craig A. iehl, squire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717)763-7613 Counsel for Plaintiffs EXHIBIT "A" 0,=7opqe-,s 8, c. g)a& L44 .lam ?+A; L4 -A).sS zr7 so3a-6lcF ylzP -3- ??p n1 +e? ? 4'r4r7/ i-?lJess ., ,M EXHIBIT "B" INSTALLMENT SALES A This Agreement is made and concluded this ;;;- h day of by and between -4- • :SG ?? (r?rl4ccellparty of the first part, hereinafter referred to as "Seller", and party of the second part, hereinafter referred to as "Buyer". In consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between Seller and Buyer, as follows: 1. The Seller agrees to sell to the buyer and the buyer agrees to purchase and accept the co 1 C1$CC Vehicle I nveyance of r which is located at 82 Linda Drive Lot Number won Number Mechanicsburg, Pennsylvania 17050. Silver Spring Township, Cumberland County, 2. Constdarratx? The Buyq agrees n pay to Home the sum of or price of the said Mobile Jl f wible as follows: Commencing on the day of i - • _0_6k and each and every month, Buyer shell make ?' on the same day of price is paid in fun. Payer in the amount of t Ao.o A until the purchase will be applied first to accrued interest unpaid and any unpaid late charges and Collection costs, then to principal. Buyer may make additional payments without penalty. 3. Ago of eaEstate TaYr? All local read estate taxes shall be apportioned on a fiscal year basis as appropriate to date of execution of this agreement, 4. Local Real Estate Taxes All future real estate taxes shall be become due and payable. Buyer also agrees to purchase and l Buyer when and as same. dell maintain a Fire and Extended Coverage iasruance policy on the mobile home throughout the term of this agreement, 5. Ma' and Repairs Buyer agrees that at their own in a reasonable state of repair at all times and will not expense, they will maintain the Mobile Home acknow Permit any waste or disrepair to occur. Buyer further lodges that they are purchasing the Mobile Home in an "as is" condition. 6• ant of Sake This agreement may not be assigned by Buyer without the prior written approval of Seller, nor may the Mobile Home be sold by Buyer by means of an histallment comparable document before the purchase price is paid in full without written the sales agreement of Sellerr, approval will not be withheld unreasonably. , which 7. Dew h. Any failure of the Buyer to make payment of any, monies required ? ?? thirty (30) days after the due date for such payment, or any acts, or the performance of any act forbidden by this Agreenelrt, or the failure to perform any act required by this Agreement, may constitute a default, at the option of Seller. If any payments due hereunder shall remain unpaid for five (5) days folb due date in addition to other remedies hereunder, there shall be ' which shat! be ' ?? a Twenty-five ($25.00) dollar late fee unrnediately due and payable. In the event a payment is returned for insufficient fiinds, a charge of $20.00 shall be due and payable immediately upon notice to Buyer. Page One of Two Pages In the case of defauh by Buyer, Seller may (a) declare the principal balance, together with interest and other charges due hereunder, immediately due and payable, (b) retain provision of this Agreement (whether on account of any and all monies received under the Buyer's use and occupancy of said ?? mom' or otherwise) as partial ?mpensation for premises and as liquidated damages for breach of this Agreement- or (c) exercise any remedies available to Seller at law or in equity. Buyer agrees to pay an costs and legal feM inchWing attorney fees, in the event of default by buyer and foreclosure becomes necessary. All remedies hereunder may be exercised ink Y, successively or cumulatively, at the discretion of Seller. All of the above effective only after written notice is provided to Buyer with ten 10) days to ?' ( cure, that no notice is required prior to imposition of a late fee. except 8. HbdbLA&MMM. their This Agreement shall extend to and be legally binding upon the parties hereto, respective heirs, executors, moors and assigns, 9. wain-. The f dlure, of either party to inset upon strict enfinrcement of any provinoffi of this Agreement shall not constitute a waiver of the right to enforcement of that provision or of any other provision. IN WITNESS WHEREOF, the parties, intending to be legally bound, have d the date fret above written. ulY executed this contract as of BUYER SELLEI • wI SS Page Two of Two Pages Q ?U?4? t s VERIFICATION We, Mark Stone and Heather Stone, plaintiffs above-named, being duly sworn according to law, depose that the facts set forth in the foregoing Complaint are true, as we verily believe. Date: Date: C- I q La -- STONE HEATHER STONE SHERIFF'S OFFICE OF CUMBERLAND COUNTY ? Ronny R Anderson -? 7 Sherif f YIP 41 Llflfi p m Z: u r'ti C-) 'n-- Jody SSmith ? ? '? v av Chief Deputy = a t --tc3 =c "+l Richard W Stewart - Solicitor s > brn =? rv A _?: c.ra =o -c Mark Stone Case Number vs. Stephanie Grimes 2010-6 900 SHERIFF'S RETURN OF SERVICE 11/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephanie Grimes, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Stephanie Grimes. Request for service at 43 Mountain Road, Carlisle, Pennsylvania 17015 the defendant was not found. To date the Carlisle Postmaster has been unable to provide a good forwarding address for Stephanie Grimes. SHERIFF COST: $38.84 November 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C CrnritySuite Sheriff, I eleesoft Inc Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiffs, Mark Stone and Heather Stone ..- 9. _i . ,- I. 1 . ' 11 10 T 20 teh' ??"i... ..Vtja N ? iu,?..? N I'll St.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, DOCKET NO. 10-6900 Plaintiffs V. STEPHANIE GRIMES, CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this 0th day of October, 2011, upon consideration of the foregoing Motion, the Plaintiff herein is granted leave to serve the Complaint herein upon the Defendant, Stephanie Grimes, by publication generally one (1) time in Cumberland Law Journal and in The Sentinel, the latter being a newspaper of general circulation in the County of Cumberland, said publication to notify the Defendant, Stephanie Grimes, to answer said Complaint or otherwise plead thereto within twenty (20) days from the date of said publication or default judgment may be entered against her. BY THE COURT: A U J. DISTRIBUTION: Craig A. Diehl, Esquire, Law Offices of Craig Diehl, 3464 Trindle Road, Camp Hill, PA 17011 Jamie A. Mitchell, Deputy Court Administrator &p ie-s lvroi 10/ %a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHERSTONE, Plaintiffs NO. 10-6900 V. STEPHANIE GRIMES Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this S? 2 day of March, 2012, it appearing that a Complaint, with Notice to Defend was filed on October 28, 2010, said Complaint was reinstated on October 17, 2011, and that same was served upon Defendant, Stephanie Grimes, by general publication pursuant to this Court's Order dated October 20, 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein on behalf of the said Defendant, within the time allotted by law for the same, and upon Motion of Craig A. Diehl, Esquire, Attorney for Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs, Mark Stone and Heather Stone, and against Defendant, Stephanie Grimes. AND it is further ordered and directed that this Court hereby award ownership of one (1) 1986 Rosebrook Mobile Home, bearing vehicle identification number D1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, to Plaintiffs, Mark Stone and Heather Stone, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the failure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon praecipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to Pa.R.C.P. Rule No. 1066(b)(1). BY THE COURT, Distribution: ? Craig A. Diehl, Esquire, CPA, Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, PA 17011 rrn ?i ??" N R . cz r._. r-r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHERSTONE, Plaintiffs NO. 10-6900 V. CIVIL ACTION - LAW STEPHANIE GRIMES Defendant PRAECIPE FOR FINAL JUDGMENT BY DEFAULT TO THE PROTHONOTARY: J # 1-10 N, 0 ! 2111P,Y 10 F11 2: ! 8 E.:i'i, E R L A N D COU?? ? Y 1'PMSYLVANIA Please enter final judgment for Plaintiffs, Mark Stone and Heather Stone, and against Defendant, Stephanie Grimes, pursuant to Pa.R.C.P. Rule No. 1066(b)(1) for failure to commence an action or assert any claim she may have in and to the property at issue in this action. Enclosed is proof of publication for the Notice published both in the Cumberland Law Journal and in The Sentinel requiring said action to be commenced within thirty (30) days from the date of service thereof. A copy of the Order signed by the Court on March 21, 2012, is enclosed. Date: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL B yr ?C --A homas L. McGlaughli , Esquire Attorney I.D. No. 208313 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Plaintiffs (,'k- 1 9 9- a sa38 nf, -f'p t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, Plaintiffs NO. 10-6900 V. : CIVIL ACTION - LAW STEPHANIE GRIMES Defendant ORDER OF COURT S? AND NOW, this ZI day of March, 2012, it appearing that a Complaint, with Notice to Defend was filed on October 28, 2010, said Complaint was reinstated on October 17, 2011, and that same was served upon Defendant, Stephanie Grimes, by general publication pursuant to this Court's Order dated October 20, 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein on behalf of the said Defendant, within the time allotted by law for the same, and upon Motion of Craig A. Diehl, Esquire, Attorney for Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs, Mark Stone and Heather Stone, and against Defendant, Stephanie Grimes. AND it is further ordered and directed that this Court hereby award ownership of one (1) 1986 Rosebrook Mobile Home, bearing vehicle identification number D1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, to Plaintiffs, Mark Stone and Heather Stone, and the right, title and interest of any other person to said vehicle is hereby '0 ^% extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the failure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon praecipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to Pa.R.C.P. Rule No. 1066(b)(1). BY THE COURT, Distribution: Craig A. Diehl, Esquire, CPA, Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, PA 17011 rn V' -- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law; deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 6, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 6 da oApril, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My ComMssion Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-6900 MARK STONE and HEATHER STONE Plaintiffs V. STEPHANIE GRIMES Defendant ORDER OF COURT AND NOW, this 21 st day of March, 2012, it appearing that a Complaint, with Notice to Defend was filed on October 28, 2010, said Complaint was reinstated on October 17, 2011, and that same was served upon Defendant, Stephanie Grimes, by general publication pursuant to this Court's Order dated October 20, 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein on behalf of the said Defendant, within the time allotted by law for the same, and upon Motion of Craig A. Diehl, Esquire, Attorney for Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs, Mark Stone and Heather Stone, and against De- fendant, Stephanie Grimes. AND it is further ordered and di- rected that this Court hereby award ownership of one (1) 1986 Rosebrook Mobile Home, bearing vehicle identifi- cation number D1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, to Plaintiffs, Mark Stone and Heather Stone, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Depart- ment of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the fail- ure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon prae- cipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to PA. R.C.P. Rule No. 1066(b)(1). BY THE COURT, /s/M. L. Ebert, Jr., J. Apr. 6 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 30, 2012 COPY OF NOTICE OF PUBLICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, NO. 10-8900 Plaintiffs CIVIL ACTION - LAW STEPHANIE GRIMES, Defendants ORDER 4E COURT AND NOW, this 21 at day of March, 2012, if appearing that a Complaint, with Notice to Defend was Zed on October 28, 2010, said Complaint was reinstated on October 1 ], 2011, and that same was $.ad upon Defendant, Stephanie Grimes, by 9-1 publication pursuant to ,this Courts Order dated October 20; 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein en behalf of the said Defendant, within the time allotted by law for"same, and upon Motion of Crag A. Diehl, Esquire, Attorney for Pla7n8ffs, it is hereby s ordered and dkeded that entered In favor of the Plaintiffs, Mark me and and the some eather Stone, and against Defendant, Stephanie Grimes. AND it is further ordered and directed that this Court hereby awarded ownership of one (1) 1988 Rosebrook Mobile Home, besting vehicle identification number D1225508, located on Lot 148, Hodges Mobile Home Park, Mechanicsburg, PsnnsyNania, to Plaintiffs, Mark Slone and Heathar Stone, and the right, tffte:and Merest of any ofhs; persoe to OW Vehicle Is hereby quis ed. The Department i t Bait of Transportation mayscow his evidence O submit the appropriate forms, taxes and fees and come or with all q any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action In Ejectment or other appropriate action to assert any claim she may have In and to the sold pmpeKy against the . Plantiffs heren;'and upon the fe8ure to Defendant to coinmsrws such action against the Piantifs within thirty (30) days after such service, One Prothonotary of Cumberland County, Pennsylvania, is directed upon prascipe of the Plaintiffs, to enter final judgment herein in favor of the Plaintiffs and against the Defendant pursuant to Ps.R.C.P. Rule No. 10e8(b)(1). Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ar Sworn t and subscribed before me this 3nlu 9*w 2V 12 Notary Public BY THE COURT, M.L. Ebert, Jr. My commission expires: NOTA;I L L .?__... BAMB1 ANN HECKE?; i;iRN Notary Public a CARLISLE 130ROUG:1, CUMBERLAND CNTY My Commicsicr EY;,ir2 !::!I F14 C:.. .._ - { Steven R. Snyder, Esquire --" PA Attorney License No. 90994 x3 Rominger & Associates 155 South Hanover Street -- Carlisle, PA 17013 -.? (717) 241-6070 ' FAX (717) 241-6878 snyder@romingerlaw.com Attorney for defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MARK STONE, AND HEATHER STONE V. Plaintiffs STEPHANIE GRIMES Defendant DOCKET NO. 10-6900 CIVIL ACTION - LAW DEFENDANTS MOTION TO VACATE FINAL JUDGMENT NOW COMES Defendant, Stephanie Grimes, by and through her Attorney, Steven R. Snyder, Esquire with the Law Firm of Rominger & Associates, and files the within Motion to Vacate Final Judgment, and in support thereof, avers the following: 1. Defendant is the owner of a Mobile Home located in a Mobile Home Park, owned by located at 82 Linda Drive, lot 46, Mechanicsburg, Cumberland County, Pennsylvania, 17050 owned John Harris Michael Schell (hereinafter referred to as "Schell"). 2. Plaintiff moved out of the mobile home and entered into an agreement with Schell that he would rent the home out for her and pay all taxes when due, in return for her being able to keep the home located in the mobile home park. 3. Schell subsequently rented the mobile home to Plaintiffs. 4. It is Defendant's understanding the Schell has since passed away. 5. Plaintiff returned to the area after living away, to learn that Defendants were still living in the mobile home and not paying rent. 6. On November 23, 2011, Defendant's Attorney, Steven R. Snyder, Esquire sent a Notice to Quite for Non-Payment of Rent to Plaintiffs. Exhibit A. Defendant was informed that Plaintiffs were represented by Attorneys Craig Diehl and Thomas McGlaughlin with the Law Firm of Craig Diehl. Attorney McGlaughlin had a telephone conversation with Attorney Snyder after his clients received the Notice to Quite. 9. Attorney McGlaughlin followed up with a letter sent to Attorney Snyder on November 21, 2011, a copy of which is attached herewith as Exhibit B. 10. Defendant's Attorney Snyder then sent a letter on November 23, 2011, to Plaintiffs' attorney with an offer to have Plaintiffs' begin to pay rent or Plaintiffs' could purchase the mobile home for $15,000.00. Exhibit C. 11. At no time during the conversation with Attorney Snyder, or in his November 21, 2011 letter did Attorney McGlaughlin ever inform Attorney Snyder that a law suit had been filed and Defendant was never served with and never received a copy of the Complaint. 12. Attorney McGlaughlin's letter indicates that if a copy of a Complaint would be sent to Attorney Snyder; however, no copy of the Complaint was ever sent. 13. Snyder was of the understanding that a Complaint was not yet filled but if one was subsequently filed, he agreed that he would accept service. 14. On March 16, 2012, Plaintiffs filed a Motion for Judgment and Entry of Final Decree, fraudulently claiming that Defendant could not be found and that a Judgment was in order. Exhibit D. 15. The Motion was signed by Attorney Diehl and verified by both Plaintiffs, knowing full well that the Defendant had retained legal counsel who was in contact with the defendant and knew of her whereabouts and mailing address. See Exhibit D. 16. On March 21, 2012, in response to Plaintiffs fraudulent Motion, the Court Ordered that ownership of Defendant's mobile home was transferred to Plaintiffs. Exhibit E. 17. On May 10, 2012, a Praecipe for Final Judgment by Default was filed by Plaintiffs. Exhibit F. 18. A copy of the May 10 Praecipe and Notice of the Judgment were sent by the Prothonotary to Defendant's parents house. Exhibit 19. Defendant's parents contacted defendant to inform her that she had received a legal notice from the Prothonotary. WHEREFORE, Defendant requests this Honorable Court VACATE the March 21, 2012 ORDER and order that Plaintiffs Complaint if DISMISSED with Prejudice and that Plaintiffs vacate the said mobile home within thirty (30) days. Defendant further request that Plaintiff s Attorneys be sanctioned for their false and fraudulent statements to the Court claiming that they were unable to serve the Complaint on Defendant, when they were informed that Defendant had obtained legal representation and were in contact with Defendant's attorney at the time they filed their Motion. Defendant further request that the Court award her court costs, reasonable attorney fees together with any other relief this Court deems appropriate and in the interest of justice. Submitted, Date: May 18, 2012 By: 4t'-A-?::54 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com ATTORNEY VERIFICATION I, Steven R. Snyder, Esquire, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief and are made by me as a result of my communication with and legal representation of the Defendant. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities and the Pennsylvania Rules of Civil Procedure. Date: May 18, 2012 Steven R. Snyder, E /quire Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA KATHY NOTZ, V. Plaintiff COMPUTERLUBE, AND CHAD E. WILLIAMS, INDIVIDUALLY AND AS OWNER OF COMPUTERLUBE Defendants DOCKET NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following my US Mail, First Class, postage paid, from Carlisle, PA: Craig A. Diehl, Esquire Thomas L. McGlaughlin, Esquire 3464 Trindle Road Camp Hill, PA 17011 Date: May 18, 2012 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw EXHIBIT A Q- (Domestic M Er For delivery information visit our website at www.usps.comb m - [? & ASSOCIATES M Postage $ rv O Certified Fee ) V r n e y s at Law r-1 a Postmark Return Receipt Fee Here over Street luth Han p (Endorsement Required) g:2 30 Karl E. Rominger O Restricted Delivery Fee , Pennsylvania 17013 David Eric R 0 (Endorsement Required) . ll: (717) 241-6070 Drew F. Deyo ra C Total Postage & Fees Is J , J x: (717) 241-6878 Robert A. Kulling a r o r' ?L `S nj-- :................................... Vincent M. Monfredo Steven R. Snyder O % or PO Box No. ?A [ . : 0""'-- •° P. * Licensed to Practice in PA and NJ PS Fr,n 3800. August 260b 1'O QUIT FOR NONPAYMENT OF RENT SENT VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED DATE OF NOTICE: TENANT(S) IN POSSESSION: LEASED PREMISES: November 23, 2011 Mark and Heather Stone 82 Linda Drive, Lot 46 Hodges Mobile Home Park Mechanicsburg, PA 17050 Pursuant to Section 250.501(a)(3) of the Pennsylvania Landlord Tenant Act, due to your failure, upon demand, to pay rent in return for your occupancy of the above referenced premises, you are hereby ordered Pursuant to Section 250.501(b) to quit and vacate the said premises no later than ten (10) days from the date of service this notice and deliver up to owner the possession of the premises now held and occupied by you under such tenancy. Steven R. Snyder, squire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax(717)241-6878 snyder@romingerlaw.com Attorney for Landlord LANDLORD: Stephanie Grimes CC. Thomas McGlaughin, Esquire, Attorney for Tenants EXHIBIT B Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011 Telephone (717) 763-7613 Fax(717)763-8293 www.cadiehliaw.com Craig A. Diehl, Esquire, CPA Thomas L. McGlaughlin, Esquire November 21, 2011 Steve Snyder. Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Stephanie Grimes Dear Attorney Snyder: f In Spring Grove, Pennsylvania I I9A West Hanover Street Spring Grove, PA 17362 Telephone: (717) 225-1929 Pursuant to our telephone conversation of approximately one week ago, you stated that Ms. Grimes would be proposing various approaches to settling the matter with our clients. As of the time of that conversation, you stated that you had not entered an appearance as Ms. Grimes' attorney. Your position was that you hoped to settle the matter without entering an appearance. In addition, you indicated that you would accept service of the complaint if you did enter an appearance in the matter. As of today, our office has heard nothing further from you regarding this case. We will move forward with service by publication if you have not entered an appearance before close of business on Monday, November 28, 2011. Should you have any questions regarding this matter, please do not hesitate to contact me.\ Sincerely, ?f Thomas L. McGlaughlin, Esquire cc: Mr. & Mrs. Stone EXHIBIT C ROMINGER & ASSOCIATES Offices in: Carlisle Camp Hill Chambersburg Ephrata Hanover Harrisburg Hershey Lancaster Lebanon November 23, 2011 Thomas McGlaughin, Esquire Law Offive of Craig Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorneys at Law 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Karl E. Rominger Eric R. David* Drew F. Deyo Robert A. Kulling Vincent M. Monfredo Steven R. Snyder L ee Mandarin** * Licensed to Practice in PA and NJ ** Licensed to Practice in NY Only RE: Stephanie Grimes, owner of mobile home located at 82 Linda Drive, Lot 46, j Hodges Mobile Home Park, Mechanicsburg, PA 17050. Dear Tom: As you are aware, I represent the above referenced client, Ms. Stephanie grimes, who holds title to the mobile home currently occupied by your clients, Mark and Heather Stone. Notwithstanding the fact that your clients are living in the premises and have paid the property taxes as part of their responsibility as tenants, my client holds good and valid title to the home. In that you have expressed your clients' interest in continuing to occupy the home, my client is willing to offer two proposals to settle this matter. If your clients are interested in purchasing the home, my client is willing to sell the home for $15,000.00. Should your clients not wish to purchase the home, my client would be willing to lease the home to them for $750.00 per month. If they decide to lease the mobile home, please let me know and I will forward a one year lease to you to have your clients sign and return to me. If your clients decide to purchase the home, my client will require that they pay rent in the above stated amount beginning on December 1, 2011. If your clients do not wish to purchase the home, than my client will expect rent to commence on December on December 1 as well. If neither of these options are acceptable to your clients then I would request that they vacate the said premises within thirty days. While I am hopeful that we can arrive at an agreeable settlement in this matter, in the event that we cannot, I am enclosing a copy of a Notice to Vacate, which has also been sent to your clients. If we are able to arrive at an agreement, my client will not proceed with a Landlord Tenant Complaint. Thomas McGlaughin, Esquire November 23, 2011 Page 2 Thank you for your attention to this matter. Please do not hesitate to call me if you have any questions. Sincerely, Steven R. Snyder, Esquire CC. Stephanie Grimes EXHIBIT D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, C ' CD -1 Plaintiffs NO. 10-6900 ro3 ?? --+ 2, rn rn j M ' V. CIVIL ACTION - LAW i ;x 7 c STEPHANIE GRIMES .-- f.)- Defendant V :7-, MOTION FOR JUDGMENT AND ENTRY OF FINAL DECREE TO THE HONORABLE JUDGES OF SAID COURT: Mark Stone and Heather Stone, Plaintiffs in the above-captioned matter by their attorney, Craig A. Diehl, Esquire, respectfully represent as follows: 1. Plaintiffs commenced this action against Defendant by Complaint properly endorsed with Notice to Defend pursuant to Pa.R.C.P. No. 1009, filed in the above Court to the above docket number on October 28, 2010. 2. Plaintiffs were unable to effect service of said Complaint. See Exhibit "A" for a true and correct copy of Sheriff's Return of Service dated November 30, 2010. 3. Plaintiffs reinstated said Complaint by Praecipe filed with this Court on October 17, 2011. 4. Pursuant to an Order of Court dated October 20, 2011, service by publication was granted allowing leave to serve the Complaint upon Defendant, Stephanie Grimes, by publication generally one (1) time in Cumberland Law Journal and in The Sentinel. 5. Said service by publication was accomplished on January 13, 2012, in Cumberland Law Journal and January 9, 2012, in The Sentinel. (See Exhibit "B" attached hereto for proof of publications.) 6. More than twenty (20) days have elapsed since service by publication occurred. 7. No appearance has been entered on behalf of any of the above-named Defendant, nor has any Answer or other pleading been filed herein on behalf of any of the above-named Defendant. WHEREFORE, Plaintiffs, Mark Stone and Heather Stone, respectfully request that your Honorable Court enter judgment by default in their favor and against the said Defendant, grant Plaintiffs the relief requested in the Complaint, and enter the Order attached hereto. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: Date: hi 11A -qpmwpw- Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs, Mark Stone and Heather Stone IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, V. STEPHANIE GRIMES Plaintiffs Defendant NO. 10-6900 CIVIL ACTION - LAW VERIFICATION We, MARK STONE and HEATHER STONE, Plaintiffs above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Motion for Judgment and Entry of Final Decree are true and correct to the best of our knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: 3 t X31 I ? Date: 25, 13A \rA, MARK STONE HEATHER STONE EXHIBIT E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, Plaintiffs NO. 10-6900 V. CIVIL ACTION - LAW STEPHANIE GRIMES Defendant ORDER OF COURT AND NOW, this Z St day of March, 2012, it appearing that a Complaint, with Notice to Defend was filed on October 28, 2010, said Complaint was reinstated on October 17, 2011, and that same was served upon Defendant, Stephanie Grimes, by general publication pursuant to this Court's Order dated October 20, 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein on behalf of the said Defendant, within the time allotted by law for the same, and upon Motion of Craig A. Diehl, Esquire, Attorney for Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs, Mark Stone and Heather Stone, and against Defendant, Stephanie Grimes. AND it is further ordered and directed that this Court hereby award ownership of one (1) 1986 Rosebrook Mobile Home, bearing vehicle identification number D1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, to Plaintiffs, Mark Stone and Heather Stone, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the failure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon praecipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to Pa.R.C.P. Rule No. 1066(b)(1). BY THE COURT, Distribution: ? Craig A. Diehl, Esquire, CPA, Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, PA 17011 ?Py rr,c,,l 3f ??1?a c ci 06 Nr N vJ ter.. v r: Mw ?„? EXHIBIT F f ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, v. STEPHANIE GRIMES Plaintiffs NO. 10-6900 CIVIL ACTION - LAW Defendant PRAECIPE FOR FINAL JUDGMENT BY DEFAULT TO THE PROTHONOTARY: 1 1(.c 2]2NAY10 PPS2:1O '!!+ IOERLANO COUNTY PENNSYLVANIA Please enter final judgment for Plaintiffs, Mark Stone and Heather Stone, and against Defendant, Stephanie Grimes, pursuant to Pa.R.C.P. Rule No. 1066(b)(1) for failure to commence an action or assert any claim she may have in and to the property at issue in this action. Enclosed is proof of publication for the Notice published both in the Cumberland Law Journal and in The Sentinel requiring said action to be commenced within thirty (30) days from the date of service thereof. A copy of the Order signed by the Court on March 21, 2012, is enclosed. Date: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL B omas L. McGlaughl' Esquire Attorney I.D. No. 208313 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Plaintiffs 1k., 1 ) g a vl- a-7 so38 m a-f?p rv? ? (Pd EXHIBIT G r 05!1712012 13:19 Fairfield im a WteslCarlisle fA3)717+243+5955 P.0031003 Office of the Prothonotary Cumberland County One Courthouse Square Suite 100 Carlisle, PA 17013 (717) 240-6195 DAviD D. BuELL PROTHONOTARY In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in this office. Plaintiff MARY, STONE AND HEATHER STONE Defendant: STEPHANIE GRIMES Docket Number: io-69oo D. 4ume,o onotary 0511712012 13:19 Fairfield Ire 8 WteslCarlisle fA>4717+243+955 P.0011003 FAIRFIELD INN & SUITES 1528 COMMERCE AVE CARLISLE PA 17015 FACSIMILE TRANSMITTAL SHEET TO: Rom: COMPANY: ONITr FAX NUMBER: PAX NUMBER: 717.243-5955 PHONE NUMBER: PI4ONC NUMBER: 717-243-2080 RE: ITTI'AT. NUMBER OF PAGES. T14CLUDING COVER- 11 URGENT ? FOR REVIEW ? PLEASIB COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTQS/COMMENTS: 54e-ve-i 0511712012 13:19 Fairfield Inn 8 Suites/Carlisle fQ717+243+5955 IN T1-1E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -ate 3 MARK STONE and r-? HEATHER STONE, ,-o Plaintiffs NO, 10-6900 V. :'CIVIL ACTION - LAW STEPHANIE. GRIMES . Defendant TO THE PROTHONOTARY: P.0021003 r? xCl) roc ??. Please enter final judgment for Plaintiffs, Mark Stone and - Heathcr Stone, and against Defendant, Stephanie Grimes, pursuant to Pa.R.C.P. Rule No. 1066(b)(1) for failure to commence an action or assert any claim she may have in and to the property at issue in this action. Enclosed is proof of publication for the Notice published both in the Cumberland Law Journal and in The Sentinel requiring said action to be commenced within thirty (30) days from the date of service thereof. A copy of the Order sighed by the Court on March 21, 2012, is enclosed. Date: .1)i1rJ1r29-101z1 Respectfully submitted, LAW OFFICES OF CRMG A. DIEHL Thomas L. McGlaughliW,'Esquire Attorney I.D. No. 208313 3464 Trindle Road Camp Hill, PA 17011 Tel: .(717)763-7613 Fax: (717)763-8293 Attorney for Plaintiffs C 5. Said service by publication was accomplished on January 13, 2012, in Cumberland Law Journal and January 9, 2012, in The Sentinel. (See Exhibit "B" attached hereto for proof of publications.) 6. More than twenty (20) days have elapsed since service by publication occurred. 7. No appearance has been entered on behalf of any of the above-named Defendant, nor has any Answer or other pleading been filed herein on behalf of any of the above-named Defendant. WHEREFORE, Plaintiffs, Mark Stone and Heather Stone, respectfully request that your Honorable Court enter judgment by default in their favor and against the said Defendant, grant Plaintiffs the relief requested in the Complaint, and enter the Order attached hereto. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: BY 10. 1qFFVVV- Craig A. iehl, Esgwre Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs, Mark Stone and Heather Stone IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK STONE and HEATHER STONE, V. STEPHANIE GRIMES Cl) C CD n-1 Plaintiffs NO. 10-6900 -' M CIVIL ACTION - LAW z? ,7 Cn '•; c? -v "rte ---': Defendant v C-) , ? c?. -77 MOTION FOR JUDGMENT AND ENTRY OF FINAL DECREE TO THE HONORABLE JUDGES OF SAID COURT: Mark Stone and Heather Stone, Plaintiffs in the above-captioned matter by their attorney, Craig A. Diehl, Esquire, respectfully represent as follows: 1. Plaintiffs commenced this action against Defendant by Complaint properly endorsed with Notice to Defend pursuant to Pa.R.C.P. No. 1009, filed in the above Court to the above docket number on October 28, 2010. 2. Plaintiffs were unable to effect service of said Complaint. See Exhibit "A" for a true and correct copy of Sheriff's Return of Service dated November 30, 2010. 3. Plaintiffs reinstated said Complaint by Praecipe filed with this Court on October 17, 2011. 4. Pursuant to an Order of Court dated October 20, 2011, service by publication was granted allowing leave to serve the Complaint upon Defendant, Stephanie Grimes, by publication generally one (1) time in Cumberland Law Journal and in The Sentinel. 00 extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the failure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon praecipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to Pa.R.C.P. Rule No. 1066(b)(1). BY THE COURT, Distribution: Craig A. Diehl, Esquire, CPA, Law Offices of Craig A. Diehl, 3464 Trindle Road, Camp Hill, PA 17011 c-: r C' .Tr ti C C- = C C= _c; N N v ?' MARK STONE AND IN THE COURT OF COMMON PLEAS OF HEATHER STONE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. STEPHANIE GRIMES, : DEFENDANT NO. 10-6900 CIVIL ORDER OF COURT AND NOW, this 24th day of May, 2012, upon consideration of Defendant's Motion to Vacate Final Judgment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Plaintiffs to show cause why the relief requested by the Defendant should not be granted; 2. The Plaintiffs shall file an Answer to the Motion to Vacate Final Judgment on or before June 15, 2012; 3. A hearing on the matter will be held on Friday, August 3, 2012, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, /raig A. Diehl, Esquire Thomas L. McGlaughlin, Esquire Attorney for Plaintiffs /Attorney even R. Snyder, Esquire for Defendant bas M. L. Ebert, Jr., r ;r'q?,?M p?r 4 X> c n c: N?-y W f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA= MARK STONE and HEATHER STONE, V. STEPHANIE GRIMES Plaintiffs Defendant NO. 10-6900 CIVIL ACTION - LAW ANSWER TO DEFENDANT'S MOTION TO VACATE FINAL JUDGMENT NOW COME Plaintiffs, Mark Stone and Heather Stone, by and through their attorney, Law Offices of Craig A. Diehl, filing this Answer to Defendant's Motion to Vacate Final Judgment, and in support thereof, aver the following: 1. Denied. Defendant is not the current owner of the mobile home located at 82 Linda Drive, Lot 46, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief of the averment and therefore the averment is denied. By way of further answer, Plaintiffs believe Defendant surrendered said mobile home to John Harris Michael Schell, also known as Jack Schell, for her failure to pay the taxes owed for Lot #46 Hodges Mobile Home Park, 82 Linda Drive, Mechanicsburg, Pennsylvania, as well as for her failure to pay all back rent. 3. Denied. Plaintiff, Heather Stone, (previously known as Heather M. Ballew), entered into an Installment Sales Agreement to purchase said mobile home from Mr. Schell on September 6, 2007. By way of further answer, Plaintiffs maintained the mobile home as their personal residence for the majority of the time subsequent to executing the Agreement with Schell. Plaintiffs are not party to and have no knowledge of any Rental Agreement with Defendant as it pertains to the mobile home. See Exhibit "A" for a true and correct copy of the Installment Sales Agreement. 4. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief of the truth of the averment and therefore the averment is denied. 5. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief of the averment and therefore the averment is denied. By way of further answer, Plaintiffs have never entered into an Agreement of any type with Defendant and have never paid any sum of money to Defendant for use of the mobile home. 6. Denied. Plaintiffs have no knowledge of a Notice to Quite allegedly served by Attorney Steven R. Snyder on November 23, 2011, and are unable to sufficiently form a belief as to the truth of the averment. Plaintiffs were served with a Notice to Quit. 7. Admitted in part, Denied in part. Plaintiffs are represented by the Law Offices of Craig A. Diehl. By way of further answer, Defendant's Attorney, Steven R. Snyder, contacted Plaintiffs' counsel via telephone on or about November 14, 2011, regarding the Complaint filed against Defendant, Stephanie Grimes. The date of Defendant's Notice to Quit for Non-Payment of Rent was dated November 23, 2011. 8. Admitted in part, Denied in part. Attorney, Thomas L. McGlaughlin, received a phone call from Attorney Steven R. Snyder on or about October 28, 2011, regarding this matter. 2 Attorney Snyder requested a copy of the Complaint filed and a copy was sent via facsimile to Attorney Snyder on the same day. By way of further answer, Attorney McGlaughlin did have a subsequent telephone conversation with Attorney Snyder regarding Plaintiffs' Complaint; however, said conversation occurred on or about November 14, 2011. Plaintiffs were served with Defendant's Notice to Quit subsequent to the second conversation. See Exhibit B" for a true and correct copy of the Fax Cover Sheet and Fax Transmission Report. 9. Admitted in part, Denied in part. Attorney Thomas L. McGlaughlin sent a follow-up letter to Attorney Snyder, on November 21, 2011. However, the letter was a follow- up to the telephone conversation held with Attorney Snyder approximately one (1) week earlier. The letter was to confirm that Attorney Snyder had not entered an appearance for Defendant in this matter and to establish parameters under which Plaintiffs would move forward unless Attorney Snyder entered his appearance. Neither Plaintiffs nor Plaintiffs' counsel are aware that Attorney Snyder entered his appearance. 10. Admitted. 11. Denied. Attorney McGlaughlin provided a copy of the Complaint to Attorney Snyder on October 28, 2011, via facsimile. By way of further answer, Attorney McGlaughlin discussed the issue of service as it related to Plaintiffs' Complaint filed against Defendant. The letter of November 21, 2011, sent by Attorney McGlaughlin to Attorney Snyder clearly states, "We will move forward with service by publication if you have not entered an appearance before close of business on Monday, November 28, 2011." As Attorney Snyder failed to enter an appearance, Plaintiffs proceeded to serve the Complaint by publication in January 2012. See Exhibit "C" for copy of letter dated November 21, 2011. 3 12. Denied. Attorney McGlaughlin's letter, dated November 21, 2011, makes no mention of providing a copy of Plaintiffs' Complaint to Attorney Snyder, nor does the letter indicate an Enclosure was even intended to accompany said letter. Furthermore, Attorney McGlaughlin provided a copy of the Complaint to Attorney Snyder on October 28, 2011, via facsimile. 13. Denied. Plaintiffs are without information to form a belief as to Attorney Snyder's understanding regarding their Complaint. A copy of the Complaint was provided to Attorney Snyder on October 28, 2011, via facsimile. By way of further answer, the letter sent by Attorney McGlaughlin to Attorney Snyder, on November 21, 2011, clearly stated, "We will move forward with service by publication if you have not entered an appearance before close of business on Monday, November 28, 2011." As of the date of this Answer, neither Plaintiffs nor Plaintiffs' counsel have received notice that Attorney Snyder entered his appearance regarding Plaintiffs' Complaint. 14. Denied. Plaintiffs filed a Motion for Judgment and Entry of Final Decree after serving Notice of Default Judgment in the Cumberland Law Journal on April 6, 2012, and in the Carlisle Sentinel on March 30, 2012. Since Attorney Snyder received a copy of the Complaint in October 2011, failed to enter an appearance in this matter, failed to file an Answer to said Complaint, failed to enforce the Notice to Quit previously served on Plaintiffs, and refused to disclose a current address for Defendant when requested by Plaintiff's counsel in November 2011, Plaintiffs had no reason to believe that Defendant had in fact retained the services of Attorney Snyder. Furthermore, the Motion to Vacate Judgment misrepresents the facts and 4 appears to be a futile attempt to hide behind errors made by Defendant's counsel. See Exhibit "D" for true and correct copies of the Proofs of Publication. 15. Admitted in part, Denied in part. The Motion for Default Judgment and Entry of Final Decree was signed by Plaintiffs' counsel and the verification was signed by Plaintiffs. Neither Plaintiffs nor Plaintiffs' counsel have received notice that Attorney Snyder entered an appearance regarding Plaintiffs' Complaint. Neither Plaintiffs, nor Plaintiffs' counsel have any knowledge as to whether Defendant retained counsel in this matter. Attorney Snyder had been provided a copy of Plaintiffs' Complaint in October 2011 and made no subsequent effort to enter his appearance in the matter, or to file an Answer on behalf of the Defendant. By way of further answer, service of the Complaint was effected by publication pursuant to Order of this Court. Therefore, Attorney Snyder had sufficient notice to cause him to enter his appearance and to file an Answer on behalf of Defendant, Stephanie Grimes. 16. Denied. The averment sets forth a conclusion of law to which no responsive pleading is required. By way of further answer, the content of the averment suggesting fraud is ludicrous and frivolous and was verified by Defendant's counsel. 17. Admitted. 18. Denied. Plaintiffs are without information to form a belief of the averment and therefore the averment is denied. By way of further answer, the Sheriff attempted several times to effect service of Plaintiffs' Complaint on Defendant at her parent's house. Each time, the Sheriff was told Defendant did not live there and that her parents had no contact information. 19. Denied. Plaintiffs are without information to form a belief of the averment and therefore the averment is denied. 5 WHEREFORE, Plaintiffs respectfully request that this Court deny Defendant's Motion to Vacate Final Judgment issued by this Court on March 21, 2012, and issue a Rule to Show Cause why this Court should not impose sanctions against Defendant, including, but not limited to, attorney fees, investigative fees, and out-of-pocket costs to compensate Plaintiffs for the cost to respond to Defendant's frivolous motion that clearly misrepresents the facts and was verified by Defendant's counsel and to award any further relief this Court deems just and reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: A .4 ". 11 ? to , Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs, Mark Stone and Heather Stone 6 EXHIBIT "A" S AGREEMENT This Agreement is made and concluded this day of S . between : Z ? ? • `SG JC, (?'???>?t?kt.?el)? ? by and i party of the first part, hereinafter referred to as "Seller", and /48ort 1 RA Ui hereinafter referred to as "Buyer". Party of the second part, In consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between Seller and Buyer, as follows: 1. The Seller agrees to sell to the buyer and the buyer agrees to purchase and accept the conveyance of Vehicle is located at 82 Linda Drive Lot Number Ideation Number Silver Spring Tovvnship Cumberland Co Mechanicsburg, Pennsylvania 17050. ?'. 2. Consideration. The Buyer agrees ip pay to Seller Home the slim of Ae??4?fa„ ,&," J .- :? _- it -, n or price of the said Mobile le as folinws-Commezicing the' AcNd-ay and every -- each on L and thereafter on the same aay of month, g omiaE?41 price is paid in fu1L PaY?s in the amount of / . ?,U 19 until the purchase Payments will be applied first to accrued interest -Unpaid Collection costs, then to principal. Buyer may make additional payments ? late charges and penalty. 3. rtionmer? of Real Estate T All local real estate taxes shall be basis as appropriate to date of execution of this agreement. apportioned on a fiscal year 4. Local Real Estate Taxes All future real estate taxes shall be. become due and payable. Buyer also paid by Buyer when and as same shall agrees to purchase and maintain a Fire and Extended Coverage insurance policy on the mobile home throughout the term of this agreement. 5. Maintenancx and Rep, Buyer agrees that at their own e in a reasonable state of repair at all times and will not ??' they will maintain the Mobile Home acknow that t Permit any waste or disrepair to occur. Buyer further ledges they are purchasing the Mobile Home in an "as-_e condition. 6. Assignment of Sale- This agreement may not be assigned by Buyer without the prior written approval of Seller, nor may the Mobile Home be sold by Buyer by means of an installment comparable document before the purchase price is paid in full without the written sales agreement r approval will not be withheld unreasonably. approval of Seiler, which 7. Default. Any failure of the Buyer to make payment of any monies thirty (30) days after the due date for such payment, or any acts, or the performance required by this Agreement within this Agreement, or the failure to perform any act u?d of any act forbidden by option of Seller. If an required by this Agri, may constitute a default, at the a five T (5) days following the designated due date in addition to other er meddles hereunderr, tyre remain shag l? ? for which shall be immediately due and payable. In the event a payment is returned forfiinsc nt funds alate fee charge of $20.00 shall be due and payable immediately upon notice to Buyer. Page One of Two Pages In the case of default by Buyer, Seller may (a) declare the principal balance, together with interest and other charges due hereunder, immediately due and payable; (b) retain provision of this any and all monies received under the Agreement (whether on account of purchase money or otherwise) as partial compensation for Buyer's use and occupancy of said premises and as liquidated damages for breach of this exercise any remedies available to Seller at law or in equity. Buyer Agreement; or (c) including attorney fees, in the event of default s to pay all costs and legal fees, may be by buyer and foreclosure becomes necessary. hereunder ma exercised All re individually, or cumulatively, at the discretion Seller. ?? All of the above effective only after written notice is provided to that no notice is Buyer with ten (10) days to required prior to imposition of a late fee. cure, except 8. Binding__ZMMX.nt This Agreement shall extend to their respective heirs, executors, ors and assigns, and be legally binding upon the parties hereto, 9. Wai The MUM of either party to insist upon strict enbroement of shall not constitute a waiver of the right to enforcement of that any'ohOffi of this Agreement provision or of any other provision, IN WITNESS "M the parties, intending to be legally bound, have d the date first above written. ?Y executed this contract as of BUYER' SELLER: ell. ? W1 SS Page Two of Two Pages ILL ?-' t/ J - Lot ?l i EXHIBIT "B" Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011 Telephone (717) 763-7613 Fax (717) 763-8293 www.cadiehllaw.com Craig A. Diehl, Esquire, CPA Thomas L. McGlaughlin, Esquire FAX COVER SHEET DATE: October 28, 2011 TO: Steven R. Snyder, Esquire FAX NUMBER: (717) 241-6878 FROM: Thomas McGlaughlin, Esquire NO. OF PAGES, INCLUDING THIS COVER SHEET: 14 In Spring Grove, Pennsylvania 119 West Hanover Street Spring Grove, PA 17362 Telephone: (717) 225-1929 COMMENTS: Per our conversation earlier today, it is our understanding that as of today, you represent Stephanie Grimes. Please find a copy of the Complaint filed in the Mark Stone and Heather Stone v. Stephanie Grimes. This complaint was filed on October 28, 2010, and was reinstated on October 17, 2011. Thank you. CONFIDENTIALITY NOTICE: This facsimile document contains confidential information which may also be legally privileged and which is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, or an amployee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of the the electronic mail message, or the taking of any action in reliance on its contents, may be strictly prohibited. If you have received this e-mail in error, please notify the sender and erase this message and any copies hereof. Thank you. * * * TRANSMISSION RESULT REPORT (IMMEDIATE TX) ( OCT. 2$. 2011 2:21PM ) * * * FAX HEADER 1: CRAIG A DIEHL ESQ. FAX HEADER 2: CRAIG A, DIEHL ESQ, DATE TIME ADDRESS . MODE TIME PAGE RESULT USER NAME FILE ---------------------------------------------------------------------------------------------------- OCT.28. 2:17PM 7172416878 G3S 4-02" P. 14 OK 0771 # :BATCH C :CONFIDENTIAL $ :TRANSFER P :POLLING M :MEMORY TX L :SEND LATER @ :FORWARDING E :ECM S :STANDARD D :DETAIL F :FINE O :300doi U :SUPER FINE X :EXTRA SUPER FINE b :COLOR !$:REMOTE TRANSFER * :LAN-FAX + :ROUTING Q :RECEPT. NOTICE REQ. A :RECEPT. NOTICE EXHIBIT "C" Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011 Craig A. Diehl, Esquire, CPA Thomas L. McGlaughlin, Esquire Steve Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Stephanie Grimes Dear Attorney Snyder: HIN 9@PW Telephone (717) 763-7613 Fax (717) 763-8293 www.cadiehllaw.com November 21, 2011 In Spring Grove, Pennsylvania 119A West Hanover Street Spring Grove, PA 17362 Telephone: (717)225-1929 Pursuant to our telephone conversation of approximately one week ago, you stated that Ms. Grimes would be proposing various approaches to settling the matter with our clients. As of the time of that conversation, you stated that you had not entered an appearance as Ms. Grimes' attorney. Your position was that you hoped to settle the matter without entering an appearance. In addition, you indicated that you would accept service of the complaint if you did enter an appearance in the matter. As of today, our office has heard nothing further from you regarding this case. We will move forward with service by publication if you have not entered an appearance before close of business on Monday, November 28, 2011. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Thomas L. McGlaughlin, Esquire - Z-/ /1Z cc: Mr. & Mrs. Stone EXHIBIT "D" PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes`and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 30, 2012 COPY OF NOTICE OF PUBLICATION IN THE'COURT OF COMMON PLEAS OF CUMBERLAND 000NTY,,PENNSYLVANLA MARK STONE and N HEATHER STONE, ^-NO: 1"900 Pfaintiffs CIVIL ACTIOR_- LAW .STEPHANIE GRIMES, ?" ` ' x• Defendants O$D QE COURT a ; rrrac ma',: rataq AND NOW 214i c)ay oMarch, 2012, it s?ppe,ukgl flea!reo,[,plafrlt, wdm. Notice to 11111641 on October 28,20 10, s* mpkdnt was.: c is" reinasaadtrR 06bter4.7; 2011, andthat samewas s i&&6 on Dehna"t dated Octob* 20,,201 V WW It-further appi4AV that no &* hss been entered noildgrAa%wer or-other Pleadk?g has beenhsraki an behalf of the sakHNftnrf?nt, wi hkrth* time a?Otisd by laviiatd[ tt>e eahie, and upon M f°A. LHehI, Esquire, Attorney for PWrli 'sy lf fe hereby ordens& mst?dgmant % default by sn the same hereby is ente[pdtll ofthe IRW lift, Mark Stone and Hsaffw Stone, and against 0 Wbphanie Grimes. h AND It Is further q directed that this Courthereby a4w dad ownership ofoas ? Rosebrook Mobile Home, bearftrlt" Identlllcatlan elN 55", 1008W on Lot #46, HodJ4 Mot Home Park,- t ?lnsytvanle, toPlainWh; Mark $t006Abd40ealJW Stone, ands DDndeeppinarsst of any Oliver persoh-ki acid vehicle is rtmew Ordxits otowiienhip in Neu Of aranspaAafblt 'hap submit the appropriaa fofmvn taxes and fees a or fiwith a any other proceduresoafftheDepartment comply anyone[ offi ft ofTransportationinorder;toreceheMe appropriate certificate of tilts for said vehicle. Unless the said Defendant shall, within thirty (30) days alterserviceof mi. Order, commence an Action in E*Ct neat or other appropriate action to assert any cii lm,she may have fri-and tone said prop" spirW this Plairttlfh herefrrr iird upona»?fahu6 tti Defbndantta corninenoe such " *. action agakrst the l?lahrtlffr<witldrt thirty (30}iys after suds sstvice. me Proth onotary of ClrnbarlNW Connty, f?annsyNianfa .ia diracad upon preaoipe of thePhkrtlffa; to eMerflnal jud611isrst hsnin hl ls.vor Otmb Plaintllfs and ayainsf the Deferrdarh punuarlt'to-Pa.R:C.P:;Rule No. 1088(b)(1)..,, BY THE COURT, M.L. Ebert, Jr. i Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are't ih. I Sworn t and subscribed before me this ?Dtl' an K*&& 2012 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 2, , 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 6, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 6 da off April, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public I SLE BOROUGH. CUMBERLAND COUNTY r Coiamissi0a Expires Apr 28, 2014 ICMML CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-6900 MARK STONE and HEATHER STONE Plaintiffs V. STEPHANIE GRIMES Defendant ORDER OF COURT AND NOW, this 21 st day of March, 2012, it appearing that a Complaint, with Notice to Defend was filed on October 28, 2010, said Complaint was reinstated on October 17, 2011, and that same was served upon Defendant, Stephanie Grimes, by general publication pursuant to this Court's Order dated October 20, 2011, and it further appearing that no appearance has been entered nor any Answer or other pleading has been filed herein on behalf of the said Defendant, within the time allotted by law for the same, and upon Motion of Craig A. Diehl, Esquire, Attorney for Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs, Mark Stone and Heather Stone, and against De- fendant, Stephanie Grimes. AND it is further ordered and di- rected that this Court hereby award ownership of one (1) 1986 Rosebrook Mobile Home, bearing vehicle identifi- cation number D 1225506, located at Lot #46, Hodges Mobile Home Park, Mechanicsburg, Pennsylvania, to Plaintiffs, Mark Stone and Heather Stone, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Depart- ment of Transportation may accept this Order as evidence of ownership in lieu of a certificate of title. Plaintiffs shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. Unless the said Defendant shall, within thirty (30) days after service of this Order, commence an Action in Ejectment or other appropriate action to assert any claim she may have in and to the said property against the Plaintiffs herein; and upon the fail- ure of Defendant to commence such action against the Plaintiffs within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is directed upon prae- cipe of the Plaintiffs, to enter final judgment herein in favor of Plaintiffs and against the Defendant pursuant to PA. R.C.P. Rule No. 1066(b)(1). BY THE COURT, /s/M. L. Ebert, Jr., J. Apr. 6 VERIFICATION We, MARK STONE and HEATHER STONE, Plaintiffs above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Answer to Defendant's Motion to Vacate Final Judgment are true and correct to the best of our knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: A /, L M RK STONE Date: -ALx,_? HEATHER STONE CERTIFICATE OF SERVICE AND NOW, the 14th day of June, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Defendant's Motion to Vacate Final Judgment was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 jDorjaA. Fike, Legal Secretary L..R4^0 1 iiP "12 JUL 24 Phi tr 23 Thomas L. McGlaughlin, Esquire Attorney I.D. No. 208313 CUMBERLANO C(u d-I-Law Offices of Craig A. Diehl PENNSYLVANIA 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MARK STONE, AND HEATHER STONE DOCKET NO. 10-6900 Plaintiffs V. CIVIL ACTION - LAW STEPHANIE GRIMES Defendant REQUEST FOR CONTINUANCE AND NOW COME Plaintiffs, Mark Stone and Heather Stone, by and through their counsel, Law Offices of Craig A. Diehl, and respectfully present this Request for Continuance of the hearing scheduled for 3:00 PM on August 3, 2012, setting forth the following reasons and facts relied upon to justify a continuance: 1. On or about October 28, 2010, Plaintiffs, Mark Stone and Heather Stone, filed a Complaint initiating the above matter. 2. On or about October 13, 2011, Plaintiffs, Mark Stone and Heather Stone, filed a Praecipe to Reinstate Complaint because of difficulties encountered in locating and serving their Complaint on Defendant, Stephanie Grimes, at her parents' residence. 3. On or about May 10, 2012, Plaintiffs filed a Praecipe for Final Judgment by Default in the above matter. 4. On or about May 18, 2012, Defendant, Stephanie Grimes, by and through her counsel, Steven R. Snyder, filed a Motion to Vacate Judgment in the above matter. 5. On or about June 14, 2012, Plaintiffs, Mark Stone and Heather Stone filed an Answer to Defendant's Motion to Vacate Judgment. 6. A hearing on Defendant's Motion to Vacate Judgment is scheduled for August 3, 2012, at 3:00 PM. 7. Due to a family commitment for which monies have already been paid, Plaintiffs' Counsel will be out of town the week of August 3, 2012, 8. On or about July 19, 2012, Plaintiffs' counsel contacted Defendant's counsel seeking concurrence to their Request for a continuance regarding said hearing. 9. On July 23, 2012, Defendant's counsel concurred with Plaintiffs' Request for Continuance. 10. Both counsel agreed to reschedule the hearing on Defendant's Motion to Vacate Judgment to the October/November 2012 timeframe. 11. Should this Honorable Court grant Defendant's Motion to Vacate following the rescheduled hearing, the parties have agreed to request this Court to hold a trial on the merits for the underlying Complaint on the subsequent day. 12. This is the first request for continuance. 2 WHEREFORE, Plaintiffs, Mark Stone and Heather Stone, respectfully request that this Honorable Court grant a continuance of the hearing on Defendant's Motion to Vacate Judgment until October/November 2012. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Thomas L. McGlaug m, Esquire Attorney I.D. No. 208313 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, the 24th day of July, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Request for Continuance was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Steven R. Snyder, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant By: Thomas L. McGlaughli squire lLEQ-OFFICL. THE PRAT H0140 TA R` Thomas L. McGlaughlin, Esquire 281? JUL 27 AM 8; 38 Attorney I.D. No. 208313 CUMBER COUNT y S Law Offices of Craig A. Diehl PENN Y ANIA 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MARK STONE AND HEATHER STONE DOCKET NO. 10-6900 Plaintiffs V. CIVIL ACTION - LAW STEPHANIE GRIMES Defendant -MOEN JED REMM FOR COl' UPWANCE NOW COME Plaintiffs, Mark Stone and Heather Stone, by and through their attorney, Law Offices of Craig A. Diehl, and file this Amendment to comply with Cumberland County Local Rules as follows: 13. The Honorable M.L. Ebert, Jr. has ruled on all matters pertaining to this case. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: Oz ZoiL By: omas L. McGiaugw , Esquire Attorney I.D. No. 208313 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiffs 2 MARK STONE, AND HEATHER STONE, PLAINTIFFS V. STEPHANIE GRIMES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6900 CIVIL ORDER OF COURT AND NOW, this 30th day of July, 2012, upon consideration of Plaintiff's Request for Continuance, and the Court noting that Defendant's Counsel has agreed to the request, IT IS HEREBY ORDERED AND DIRECTED that the Request for a Continuance is GRANTED. The hearing presently scheduled for August 3, 2012, at 3:00 p.m. is continued until Tuesday, November 13, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Craig A. Diehl, Esquire Thomas L. McGlaughlin Attorney for Plaintiffs ""Steven R. Snyder, Esquire Attorney for Defendant bas 4:es Ma,led 7/3D/i.P- Ae? L? G a z r-- cn -c = ZQ .-i N !Z N c w a s O N w ?c z? Cr-n ?n p C By the Court, MARK AND HEATHER STONE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 10-6900 STEPHANIE GRIMES, CIVIL ACTION - LAW Defendant IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 13th day of November, 2012, after proceeding with argument in this case and the Court recognizing that various facts are in dispute regarding the requirements for striking or opening judgment, it's hereby ORDERED AND DIRECTED that hearing in this matter is continued to the 9th of January, 201ji at 9:00 a.m. at which time an evidentiary hearing will be held. Both parties are directed to file a memorandum of law addressing the requirements for striking or opening a default judgement and each party shall also file an offer of proof as to what they will present at the hearing in support of their position. Rv the Crn~rt . ~homas L. McGlaughlin, Esquire For the Plaintiffs /Steven R. Snyder, Esquire For the Defendant :mlc I ~'a`~ ~ ~..~ ~ ~a -©~ ~ Y+ r'? c~ :. ~ A ~ <~ ~'- _. ~~ :.1 ~ -