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HomeMy WebLinkAbout13-1844 Supreme C nnsylvania Cou leas ForPro*enowy Use Only: _, t Docket No: CU I R(-Iq County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. �- Commencement of Action: (] Complaint ® Writ of Summons © Petition © Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Fogelsanger- Bricker Funeral Home Penny Sheriff Dollar Amount Requested: ®within arbitration limits Are money damages requested? El Yes E3 No (check one) 0outside arbitration limits Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? ® Yes El No Name of Plaintiff/Appellant's Attorney: Mary Beth Shank Check here if you have no attorney (are a Self - Represented [Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional © Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 13 Debt Collection: Credit Card ® Board of Assessment Motor Vehicle 0 Debt Collection: Other [3 Board of Elections Nuisance funeral debt Dept. of Transportation 0 Premises Liability Statutory Appeal: Other ® Product Liability (does not include mass tort) ® Employment Dispute: © Slander/Libel/ Defamation Discrimination Q Other: Q Employment Dispute: Other © Zoning Board Other: ' [3 Other: MASS TORT ® Asbestos © Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E3 Toxic Waste Q Other: 0 Ejectment 13 Common Law /Statutory Arbitration 0 Eminent Domain /Condemnation ® Declaratory Judgment 13 Ground Rent ® Mandamus E3 Landlord/Tenant Dispute Non- Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 13 Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental 13 Partition 13 Replevin © Legal ® Quiet Title 0 Other: Medical E3 Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA Fogelsanger- Bricker Funeral Home Civil Action Plaintiff Arbitration V. F.R. 2013 - zm M- -- Penny Sheriff, z - O rn Defendant Judge: off' za = D E�' NOTICE 7 ` 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 which are important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE OFFICE LISTED BELOW CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THE OFFICE LISTED BELOW 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, PA 17013 i 1- 800 - 990 -9108 j 717- 249 -3166 SHARPE & SHARPE, LLP A TORNEY$ AT LAW 257 Lincoln Way East Chambersburg, PA 17201 (717) 263.8447 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA Fogelsanger- Bricker Funeral Home Civil Action Plaintiff Arbitration V. F.R. 2013 - Penny Sheriff, Defendant Judge: COMPLAINT NOW COMES Plaintiff, Fogelsanger- Bricker Funeral Home, Inc.. by and through its attorney, Sharpe & Sharpe, LLP, and files the following complaint against Defendant Penny Sheriff, of which the following is a statement: 1. Plaintiff, Fogelsanger- Bricker Funeral Home, Inc., (hereinafter "Plaintiff"), is a business incorporated in the Commonwealth of Pennsylvania, with a physical address of 112 West King Street, Shippensburg, Cumberland County, Pennsylvania and a mailing address of P.O. Box 336, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Penny Sheriff (hereinafter "Defendant "), is a sui juris adult with a physical and mailing address of 436 Mt. Rock Road, Newville, Pennsylvania. i 3. On or about January 8, 2011, Defendant entered into a Funeral Purchase Contract i (hereinafter "Contract ") for the purchase of goods and services from Plaintiff. A true ATT ORNEYYS S AT LAW SHA RN AR LLP and correct copy of the Contract is attached as Exhibit "A" and incorporated by j ATTORNEYS 257 Lincoln Way East Chambersburg, PA 17201 reference herein. (717) 263.8447 i i 4. The amount of services and goods purchased was $11,436.38; however, the monument engraving was not provided; therefore, a credit of $150.00 must be applied to the bill. i 5. Defendant signed as purchaser and pursuant to the terms of the Contract promised to i make full payment within thirty (30) days of the date of the agreement. 6. Pursuant to the terms of the Contract, Plaintiff is entitled to collect an interest charge of eighteen percent (18 %) per annum for late payment, reasonable attorney's fees and court costs incurred in the collection of the debt. 7. Plaintiff's reasonable attorney fee is five- hundred dollars ($500.00). 8. Defendant has made repeated promises to Plaintiff to make full payment of this debt but to date has failed to make any payment. WHEREFORE, for the foregoing reasons, Plaintiff requests this Honorable Court to award $15,529.92 ($11,286.38 plus interest through March 1, 2013), plus $500.00 attorney's fees, for a total of $16,029.92, plus costs of suit and other relief deemed appropriate by the Court. Respectfully Submitted, SHARPE & SHARPE, LLP j Mary eth Shank Attorney for Plaintiff SHARPE & SHARPE, LLP I.D. 94655 ATTORNEYS AT LAW 257 Lincoln Way 172 Cha 7 257 Lincoln Way East (17) 2 g PA l nol (717) 263.8447 Chambersburg, PA 17201 (717) 263 -8447 i' FUNERAL PURCHASE CONTRACT 4110 (STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED) (Charges are only for those items that you selected or that are required. If we are required by law FOGELSANGER- BRICKER FUNERAL HOME,INC• or by a cemetery or crematory to use any items, we will explain the reasons In writing below.) NORMAN H. BRICKEk Supervisor Section 13.204 of the Rules and Regulations of the Pennsylvania State Board of Funeral Directors requires this P.O. Box 336 • 112 West King Street No. contract to be signed by the person or persons arranging for the funeral service and by the funeral director. SHIPPENSBURG, PENNSYLVANIA 17257 - .yc'' �:.'.•`;�' (A) OUR SERVICE: r , (717) 532.2211 Date BASIC SERVICES OF FUNERAL DIRECTOR & STAFF ...... $ yr. +'; Full name of deceased 1 w" = 3 ! ' f"' "``- Age w EMBALMING ............................ ..... $ (Please PRINT Name) o If you selected a funeral that may require embalming, Date of Death ^ '� '7° Deceased is '' l `+ of person arranging services. a x such as a funeral with viewing, you may have to pay for y (Give Relationship) embalming. You do not have to pay for embalming you LL z w did not approve If you selected arrangements such as (B) CASH ADVANCE ITEMS: Total (A) Forward $ d w z a direct cremation or Immediate burial. U we charged u: LL for embalming, we will explain why below. We charge you for our services in obtaining: L REASON FOR EMBALMING Opening Grave . . ` .. .................. . .. . . . ........ $ Vii'✓ = - - r •- ---.� .,:* � .... $ = a OTHER PREPARATION OFTHE BODY $ Newspaper Notices Out -of -Town .. s D a Airfare........... ... .... ......... . ...... $ O 0 1-- USEOF FACILITIES, STAFF &EQUIPMENT: - , �. r-, -'�"'• r Cl / Mass Offer $ .. ony ( conducted at Funeral Home) ......... $ • 9Y 9 ....................... 1 • "_. -.� .. Funeral Cerem Visitation / Viewing ( Conducted at Furiwal Home) ............ $ Certified Copies of Death Certificate ..' .... ........ $ Memorial Service ( conducted at Funeral Home) ............. $ Flowers ............. ............................... $ ........... $ Organist / Soloist ...... ............................... $ USE OFSTAFF AND EQUIPMENT: $ o r al Ceremony ( conducted at another facilit ) ............. $ a x - lion /Viewing (conducted at another facility ) ..... $ ' ' rial Service ( Conducted at another facility ) ............ $ .^..n.:. $ side Service ....................... .... $ Total (B) $ •?e . � -.$ $ (C) OTHER ITEMS: $ ) _ Total (A) & (B) r ER OF REMAI NS TO FUN ERAL HOM E ............ $ $ t ,'• # ? i :° ( Miles Transported) 11 t ,w 3 Total (C) $ $ ICoac EQUIPMENT: Total (A) (B) & (C) tCoah( Hearse ) ............................. $ MY .............. _ ....................... $ *` LESS: Preneed Adjustment / Allowance INS ❑ TR $( ) Flower Car or Floral Disposition ...................... $ Payment / Date ( ) $( ) Lead Car / Clergy Car .. .. .. .. .. $ v Other (Specify) $( ) _- Car for Pallbearers ... .... ...... .... .... $ ! ry s MISCELLANEOUS MERCHANDISE: BALANCE$ . Acknowledgment Cards ..................... .. ...... $ „ , LEGAL, CEMETERY, CREMATORY OR OTHER REQI�I,R�,,,gMENTS COMPELLING THE PURCHASE OF ANY ITEMS LISTED . . / .75 - J f ABOVE: Visitors Register ..... ° .. .`.'..- ..........:. $ The undersigned purchaser(s) hereby attest to the following: (1) IIWe did ( ) did not ( ) authorize embalming of the above Memory Folders .... ............................... $ " named deceased. (2) YWe were shown a Casket Price List and an Outer Burial Container Price List before the showing of caskets and outer burial containers. (3) UWe were giver offered for retention a General Price List upon the beginning of a discussion of Prayer Cards ... ....................... $ funeral arrangements and/or selection of services and merchandise. .. CASKET $ TERMS: Net due 30 days. A charge of % per annum ( % per month) for unanticipated late payment will be charged on any amount unpaid after due date. Purchaser(s) agrees to pay reasonable attorney ifees, court, costs and other costs of collection if incurred in the collection of this debt OUTER BURIAL CONTAINER As Selected $ i `. I, or we, having read the above, accept and approve same, and jointly and severally promise to make full payment therefor. Each purchaser ( ) understands that this promise to jointly and severally make full payment means the Funeral Hgme has the right to collect the entire amount from anyone or more of the purchasers without resort to any claim against any other purchasers. Th t etdsts regardless of whether or not one or more of the purchasers have agreed among themselves how much each will contribute tc malfe full payment. Receipt of a copy of this contract is Receptacle (other than casket) $ acknowledged. , Wearing Apparel $ r .` Signature of Purchase ; Address Monument Engraving $ Purchaser(s) Street $ S.S. No. City State Zip Code FORWARDING OF REMAINS TOANOTHER FUNERAL HOME .............. $ CRMN RECEIVING OF REMAINS FROM ANOTHER FUNERAL HOME. . ............ $ Signature ofPurchaser(s) Street Address City and State Zip Code DIRECT CREMATION (As Selected) .... ............................... $ - Signature of Purchaser(s) Street Add_ ress City and State Zip Code IMMEDIATE BURIAL (As Selected) .... ............................... $ We agree to provide the service &merchandise indicated above. S -7 PA Total (Al S - Foeelsaneer- Bricker Tiuneral trmm- In, VERIFICATION I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. I Date: -ao By William S. Herb, Jr. i I i i I' SHARPE & SHARPE, LLP ATTORNEYS AT LAIC' 257 Lincoln Way East Chambersburg, PA 17201 (717) 263.8447 i i I� ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff . � � { f `. Jody S Smith 09 rirjf), {r j D'1' THE P OTNQNO TAR`� Chef Deputy 2013 MAY —3 AM 110 1 Richard W Stewart .- - Solicitor a OFT� $'KPIFr CUMBERLAND COUNTY PENNSYLVANIA Folelsanger-Bricker Funeral Home vs. Case Number Penny Sheriff 2013-1844 SHERIFF'S RETURN OF SERVICE 04130/2013 05:17 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Bridgette Sheriff, daughter of defendant, who accepted as"Adult Person in Charge"for Penny Sheriff at 436 Rock Road, West Pennsboro, Newville, PA 17241. L IAM CLINE, DEPUTY SHERIFF COST: $42.02 SO ANSWERS, May 01, 2013 RbNW R ANDERSON, SHERIFF L (c)CountySulto Sheriff,7oleosoff,fric, Z� if 0 THE P3\t,JTl EON10 AI,R iT 2013 MAY 29 PM I. 3S CUMBERLAND CCUNI Y KNNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Fogelsanger-Bricker Funeral Home Plaintiff Civil Action V. Arbitration Penny Sheriff, . F.R. 2013-1844 Civil Defendants . ANSWER And now come the Defendant, Penny Sheriff,pro se,and files the following Answer to Complaint in Civil Action, averring as follows: ANSWER 1. Paragraph 1 of Plaintiff's Complaint is admitted. 2. Paragraph 2 of Plaintiff's Complaint is admitted. 3. Paragraph 3 of Plaintiff's Complaint is admitted. 4. Paragraph 4 of Plaintiff's Complaint is admitted. 5. Paragraph 5 of Plaintiff's Complaint is admitted. 6. Paragraph 6 of Plaintiff's Complaint is admitted. 7. The allegations contained in Paragraph 7 are specifically denied. Defendant does not consider attorney fees stated as being reasonable. 8. The allegations contained in Paragraph 8 are specifically denied. Defendant had contacted Plaintiff requesting payment plan and was denied. No promise was made of full payment after the fact.Due to large sum of money owed to the defendant and her spouse from McCoy's Brother Inc. was unable to make full payment. 9. Defendant considers arbitration to be appropriate for this case. WHEREFORE,Defendant ask for consideration arbitration. Respectfully submitted, Date: May,28,2013 PENNY SI�ERIFF Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Fogelsanger-Bricker Funeral Home Plaintiff NO.2013-1844 CIVIL TERM VS Penny Sheriff Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the c:.) following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS r-1 C= rT"r-, TO THE HONORABLE,THE JUDGES OF SAID COURT: ca o c3 �T Mary Beth Shank yy_c counsel for the Plaintiff/defendant in tea Rbove c-1 action(or actions),respectfully represents that: 3> �' 1. The above-captioned action(or actions)is(are)at issue. �j r 3 2. The claim of plaintiff in the action is $16,029.92 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: None known to Plaintiff, Defendant is Pro Se WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 2013 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A.HESS,P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Fogelsanger-Bricker Funeral Home : Plaintiff No.2013-1844 CIVIL TERM Vs Penny Sheriff Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form-, MM THE PETITION FOR APPOINTMENT OF ARBITRATORS m C= F G F TO THE HONORABLE,THE JUDGES OF SAID COURT: Z: Mary Beth Shank counsel for the plaintiff/defendant in t Rb 0 ve action(or actions), 5C respectfully represents that: > 1. The above-captioned action(or actions)is,(are)at issue. co 7j 2. The claim of plaintiff in the action is$ 16,029.92 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: None known to Plaintiff, Defendant is Pro Se WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT 13 AND NOW, consideration of the_' 20 irtconsider foregoing patihI— . - -4 Esq., and ]E q.,ttft Esq., are appointed arbifrator's in the above C_ CD 12 effitio ction(or actions)as prayed for. -;F- By the Court, KEVIN A. S,P.J. 4 a FOGELSANGER-BRICKER IN THE COURT OF COMMON PLEAS OF FUNERAL HOME, CUMBERLAND COUNTY, PENNSYLVANIA: Plaintiff VS. CIVIL ACTION—LAW NO. 13-1844 CIVIL PENNY SHERIFF, Defendant ORDER AND NOW,this 6 day of August, 2013,the appointment of Charles Zaleski, Esquire, as Chairman of the Board of Arbitrators in the above-captioned case is VACATED. Samuel Andes, Esquire, is appointed in his place. BY THE COURT, Kevin . Hess, P. J. IA ✓ Samuel Andes, Esquire / Chairman / 'r Court Administrator - =n G-3 P4Gj_ 4 [ In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 20 Defendant Civil Action—Law. 0 ath We do solemnly swear (or affirm)that we will support, obey and defend the Constitution of the united States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity, tore Sicnature Signature G. � �1t�c� �a�►zl 1��J�D ,� . SPc��s Name r` (Chairman) Name Name Law Firm Law FirA Law Firm P 0 ss�a t.� �d 3,� W , Lati�.c Address address .Address C; Came V9 City, F fzip Ct�y; Zip 11Q t Citv, Zin TIN' Nz—&p--fy" _Aiyarrd �4'1��12Z— � �L'1— �{ 6—v the undersigned arbitrators; having been duly appointed and sworn (or affirmed); make the follovvinz award: (Note: If a ages for delay are awarded; they hall be separately stated.) c " ....-:.Arbitrator,dissents-{Insert-name-if-applicabl,:)-- Date of Hearing:2to (Chairman) V Date of Award: 2_Q Sob f - Notice of Entry of Award Now, the a1!�O-/A day of c ? 20 at 1230 ; oP .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S �/11�. SV /_1.0 eA(efL By: 440�A_Z Prothonotary Denutv i.�n Imo" 2.9 13 S£P 26 PM 1. 30 CUMBERLAND COUNTY P.BNNSYLVANIA ✓ Peen ���r,f�' y ✓ta acs � %9' 9`a���� { V ILFO-OFi ICE OF THE PROTHONOTARY 2a#3 DEC t 0 PM 2: 54 CUMBERLAND COUNTY IN THE COURT OF COSMPL OF CUMBLERAND COUNTY, PENNSYLVANIA Fogelsanger-Bricker Funeral Home • Civil Action Plaintiff • Arbitration • v. No. 2013 - 1844 • Penny Sheriff, • Defendant • Judge: PRAECIPE FOR JUDGMENT To David D. Buell, Prothonotary: Please enter judgment on the verdict of September 26, 2013 for the Plaintiff in the amount of $16,175.71. SHARPE & SHARPE, LLP _1�,•.' By ( ' � J Mary Beth S ank Attorneys for Plaintiff 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. 94655 SHARPE&SHARPE,LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg, 17201 (717717)26363.8484 47 0,11\t+ Ok.j# /%elk' l Jl , �gga�y lityb Rai/d • CERTIFICATE OF SERVICE I hereby certify that this / day of Dun1_, 2013, I have served a copy of the foregoing instrument upon the following person by forwarding the same by first class, United States mail, postage pre-paid, addressed as follows: Penny Sheriff 436 Mt. Rock Road Newville, PA 17241 ` 12■ Mary ank SHARPE&SHARPE,LLP ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg,PA 17201 (717)263-8447 �g� � Cam• 1 (4-4ig The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 205 — 1 g - Defendant Civil Action—Law. Oath We do solemnly swear (or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. n ■ ■. 111.. I �A.� t< ►. t..�� lure ", ,,� Signature Signature • 1 G. .$ botttc� Soi►rr� PAVE 3 . SPUDS 1 Name`(Chairman) Name Name ft maaolis G-a d S n 7.,-) cA.1.1.14v_.s-a -(1. i J cni Law Firm Law Finma Law Firm POç L kg �S(a Tvi rd Le red• x w , i)),Lc--...) . Address Address Address P�- pa. !Zc- Cam f M111 APP, )4) (,\)--111-64-513-106 (? \--14-)5. City, (Zip City, Zip ha ■ City, Zip 1 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed),make the following award: (Note: If.amages for delay are awarded, they all be separately stated.) �o u 4- r r ` . _� r .. �. .� �,_ r mac\ �. /�, ,4 41 /; f l� iZS'rft _.........._..... . .._... _._..._. . _ .........._.. ...................__.. .. . .......Arbitrator;dissents7(Insert name-if-applicable-:)-_- . - Date of Hearing:'Z� 13 • ' ?'.,a�; ,l i (Chairman) _ ,,..:_„ Date of Award: 2 ST j 3 )_?�' : - '. ■ Notice of Entry of Award Now, the a6' it day of 20 /3 , at /-'3 , g .M., the above award was entered upon the docket and notice the eof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 4/k. SV . LIB y: -.---- Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA Fogelsanger-Bricker Funeral Home • Civil Action Plaintiff • Arbitration • v. • No. 2013 - 1844 • Penny Sheriff, • Defendant • Judge: NOTICE OF FILING OF JUDGMENT (x) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $16,175.71 on September 26, 2013. (x) A copy of all documents filed with the Prothonotary in support of this matter are enclosed. 71:1) Prothonotary by: If you have any questions regarding this Notice, please contact the filing party: Mary Beth Shank Sharpe & Sharpe, LLP 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 7 ?? , Ky,NOTICE MAILED SHARPE&SHARPE,LLP Prothonotary ATTORNEYS AT LAX 257 Lincoln Way East Chambers burg,PA 17201 (717)263-8447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCLINIAT, PENNSYLVANIA , n Fogelsanger-Bricker Funeral Home • Plaintiff • Civil Action Q • r fir% 2.0 r im I- v v. • No. 2013-1844 -t Penny Sheriff • Defendant • PRAECIPE FOR WRIT OF EXECUTION —MONEY JUDGMENT TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Direct to the Sheriff of Cumberland County, PA; (2) against Defendant, Penny Sheriff, 436 Mt. Rock Road, Newville, Pennsylvania; uRt 4-Sett 6t cifs{- (3) and index this writ (a) against Defendant (4) Amount Due 516,175.71 01(§Afk Mary Beth hank, Esquire Sharpe and Sharpe, LLP 257 Lincoln Way East S Chambersburg, PA 17201 ahtk ''5° Pc) a ,/ (717) 263-8447 oa SHARPE<SHARPE,LLP t .-C ATTORNEYS AT LAW 257 Lincoln Way East Chambersburg,PA 17201 (� 'Y (717)263-8447 .so LL C /# /9 -27/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-1844 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FOGELSANGER-BRICKER FUNERAL HOME Plaintiff(s) From PENNY SHERIFF,436 MT.ROCK ROAD,NEWVILLE,PA (1) You are directed to levy upon the property of the defendant(s)and to sell LEVY UPON THE PROPERTY OF THE DEFENDANT AND TO SELL THE DEFENDANT'S INTEREST THEREIN. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$16,175.71 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$190.77 Due Prothonotary$2.25 Other Costs$ Date: 12/11/13 _ David D. Buell,Prothonotary B . _ ice. _ : Deputy REQUESTING PARTY: Name : MARY BETH SHANK,ESQUIRE Address: SHARPE AND SHARPE,LLP 257 LINCOLN WAY EAST CHAMBERSBURG,PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-8447 Supreme Court ID No. `L.. ice° ou ecct�� 4f CurrrbPrt a.a7 024 y ,, a-c' -M A RONNY R.ANDERSON Q;j '1! ` RICHARD W.STEWART Sheriff t Solicitor mss">— a � JODY S.SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 March 6, 2014 Fogelsanger Funeral Home vs Penny Sheriff Cumberland Co. Writ No. 13-1844 Property Claim Determination To Whom It May Concern: Reference is made to Property Claim mailed February 24, 2014, entered by Michael A. Sheriff, Cumberland County Writ No. 13-1844, Fogelsanger Funeral Home vs Penny Sheriff. Ronny R. Anderson, Sheriff, has determined that the claimant, Michael A. Sheriff, in the above mentioned property claim, is the owner of the property set forth in the claim. So Ans -rs: 'Or R. Anderson, Sheriff By jiji4. ' i cc Michael A. Sheriff, Claimant Penny Sheriff, Defendant Mary Beth Shank, Attorney for Plaintiff 1 { NOTICE OF PROPERTY CLAIM Fogelsangers Funeral Home In the Court of Common Pleas Cumberland County, Pennsylvania VS Penny Sheriff No. 2013-1844 Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Michael A. Sheriff, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 02-21-14 OP/ erf of Cumberland County By L 2/? t)s Cc Michael A. Sheriff, Claimant Penny Sheriff, Defendant Mary Beth Shank, Attorney for Plaintiff ' P�LOPERTY CLAIM In the Court of Common Pleas of Cumberland County,Pennsylvania Writ No. eA 0f'," —1 O 4/ 'VOW ,9&o ff TO THE SHERIFF OF CUMBERLAND COUNTY,PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant,but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST T O PROPERTY VAL c c� °-Gl 2>ro v-i SCE;Oo ea I.s0■-Q 4- - 1 e),), -) V\ '7310 rNct IcA\0 - 3 wovcQlqlGiSS drsrl .500 ,cc Sul \ c'n 1 1,ioN B 1ac-- o ,68 I\1 O VQ�Sh� warms t S�vnS�� J ' .v\& �c k a fl ' L.vooCl , dd ,e T- . Raaj_ , I S�vv1s (A-\19\2. w 00CLan C\V C 6,06) 3 4-00\ L a9.rrs — 4fis,•oo cc'q c Okr„ w - 1 b Ici.6 \<e_u.ri , i R-Q-1'V.k cy NT v- r l/ISL J .v J THE CLAIMANT OBTAINED TITLE TO THE PR PERTY AS FOLLOWS• F1\\ pvoi..e Al ■ c, O stot wv t\ w■c V C& Date 2--a / -d/ Claimant d dL /�/ State.of Pennsylvania: l/' County of Cumberland A"L t GlQQ. I A- $&,,r r ! being duly sworn according to law,deposes and says that the above list in the property claim are correct and true. / Swo d subscribed tobef,ie i� 1/ 6 (T 1RIAL SEAL 's day of r .11 _i1 i1' ?' BAJ(ER,N0TARYPUBUC` ` t .o Public " '7 `isle Boro,Cumberland County My Commission Expires April 4,2017 m I cyo wo.UQ - \ \i.) \Ai le. IM J TocLsM-ear- - I b I,,,,Lk b\ ask ct ft lo, a 6 1)0#5PcA_ns -MSC_ i3-6 , do US i I s — VA'3C- d 1 S.,\ LCD, cSJ sk\A)CLs V`Qry # 306 ' 0O 1 `phi t,\ 1 s TV 4 .3--,a 1A-c1 5 i j,.a d TaAD\.-.2. I\i,) 0()ccluvl k,ii%N--e_e_v, c..;LILty\+ °' 54' CkCxs to 2p,--t.e..yi i 3,0 o e a '""\-UK \(-N VNI0 UC1Q ,n i2,-,DD w000 S rk._ fv 5,DO Vi 1( SL — ( 01 ki. k SCWYt5L.L. 9300 ,0 `r e-r - 1 W v`A-Q - , # zs'°6 WoucLuvk c: N \0. S+u-\n4 4 3 40 O9-uy) CouonA-y() 4 o o cQ aJ61 j,v-c ` --W k' p our S Q u 13-er& 1 (f) 1c.Lic 4 1. ;00 BC& 1 b tai Ck4, 4 3 3 r�r!1 d Q u 1 Ada rr d a.oc (3 _ek --- W zee g.26-'00 ) ess -\ - a tAi00c6vN 44 1 k54 '6° I '-e.s e-� O b1�c� A a , D ss-e5c- \Nuoc --t# 3 51 a 3 a i ch\-SA-ava 3 v)o o - I //e o6 eg � �n 4.�exs ` /6 ,DD e4 a�`� D-e6... -- w\i\.`‘'\-e... t 1 &- R Lekv4 — ' V\11nik- u- t‘ (2 , 04) Nq 1-6-e� i crYl A AMY) N-0.-Q. 4 ► 9i 0 e v a r��u;� cfn 1 1___( .7.7 4- a . O O 0 u r A c u it di a 4 d a u r Ad�17' d a"�Crrr AA Te1�.� can S�.�rn s�,ti -k 3 75 TejeNt v-lory) \ A 10 eic ._*c (4 D\I D --P Hex- --4- a 0 O o c, b— AO(u Cr 0(a,.30r: o bccA .- C1n T b CS V 1 1��(Y 1 l CtAi c e 1v\') c., a \N oo ck.„ Q,,,-)C -}mob�e S \ +re_0Avv...i 1\ 2o ,o0 6 1 0.b ►i\- 1.{? ic b x i e t,k_ v D o wre_ et c Qyl C):‘ k WI- -V. .�,D U ,.2 ,a i , ow n� docQ-.&S-e- r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � TIE F![-�D�-Oi�F/CE ,~ 18 /UM� ^,�� yN PN 2: 5i �.4 CLNBERLAND COUNTY OF'FiCE OF TliE PENNSYLVANIA Foglelsanger-Bricker Funeral Home vs. Penny Sheriff Case Numbe 2013-1844 SHERIFF'S RETURN OF SERVICE 01/23/2014 04:16 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Michael Sheriff, Husband, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Penny Sheriff at 436 Mt. Rock Road, West Pennsboro, Newville, PA 17241, informed person of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and Ietter mailed to defendant on January 24, 2014. 02/21/2014 On February 21.2O14.ot1530 hours, a property claim was filed by Michael Sheriff. All parties nodfiedby mail February 24, 2014. 03/06/2014 Reference is made to Property Claim dated February 24, 2014, entered by Michael A. Sheriff, Writ of Execution No. Fogelsanger Funeral Home vs Penny Sheriff. Ronny R Anderson, Sheriff, has determined that the claimant, Michael A. Sheriff, in the above mentioned property claim, is the owner of the property set forth in the claim. 03/18/2014 No objections fiied in this case; refunding $ 25.00 back to caimant. 08/18/2014 Ronny R. Anderson, Gheriff, who being duly sworn according to |avv, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c) pertaining to property claims. SHERIFF COST: $111.83 SO ANSWERS, March 18, 2014 RON R ANDERSON, SHERIFF (c) CountySuile Sheriff, Teiensoft, inc.