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HomeMy WebLinkAbout04-6269 Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. D4 - Io:ll.:.'l (2~(J~L 18Ly>\ MARY E. HUMMEL v. MICHAEL CRUMLING Defendant : CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 TWO LIBERTY A VENUE CARLISLE PA 17013 (717) 249-3166 MARY E. HUMMEL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04-l-J1,,9 dD~L ~~ CIVIL DIVISION - LA W v. MICHAEL CRUMLING Defendant COMPLAINT The Plaintiff, MARY E. HUMMEL, by her attorneys, KNUPP, KODAK & IMBLUM, P.c., brings this action of Assumpsit against the Defendant to recover the sum of SEVENTEEN THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS ($17,400.00), along with attorney's fees at the Statutory Rate and interest thereon from September 6, 2003, upon a cause of action of which the following is a statement: I. The Plaintiff, MARY E. HUMMEL, is an adult individual residing at 237 Grandview Road, Hummelstown, Pennsylvania 17036. 2. The Defendant, MICHAEL CRUMLING, is an adult individual residing at 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On or about September 5, 2003 the Defendant did sign a Promissory Note to pay the Plaintiff the sum of Nineteen Thousand Dollars and Zero Cents ($19,000.00). A true and correct copy of said Promissory Note is attached hereto, marked Exhibit "A" and made a part hereof. 4. The Defendant paid to Plaintiff on account of the aforementioned charges certain sums of money as more particularly set forth on Plaintiffs Bank Statement, hereto attached, marked Exhibit "B" and made a part hereof, in the total amount of One Thousand, Six Hundred Dollars and Zero Cents ($1,600.00). . F:\USER\ST ACY\CCP COMPLAINTS\WORK\30941.wpd:26Nov04 Non-recourse promissory note NON-RECOURSE, NON-NEGOTIABLE PROMISSORY NOTE Michael Crumling, referred to herein as MAKER, promises to pay to Mary Hummel, referred to as HOLDER, the sum of $ 19,000.00 (nineteen thousand & 00/100 Dollars), with interest at the rate of 0 per cent, per annum; however, at no time shall the rate of interest charged ~rein exceed the applicable limit provided by controlling interest and usury statutes. If interest is charged in excess of the applicable maximum rate, any overpaid interest shall be credited to principal. This note shall be due upon demand. Upon default, the sums due herein shall accrue interest at the highest legal rate. THIS NOTE IS NON-RECOURSE, AND THE HOLDER MAY NOT SEEK RECOURSE TO ANY PERSONAL ASSETS OF THE DEBTOR. The Maker does not agree to subject any of his personal assets to the payment of this debt. However, the HOLDER of this note may seek to subject any and all security for this debt for foreclosure or other applicable legal or equitable remedies. However, a deficiency, if any, shall not be a personal obligation of the HOLDER. The HOLDER shall be entitled to receive attorney's fees and other costs of collection, provided that the same shall only collected from proceeds from foreclosure or other legal or equitable remedies related to security for this debt, if any. Such attorney's fees and collection costs shall not be a personal obligation of the MAKER and the MAKER's personal assets shall not be subject to the payment of these sums, however any property which is specifically pledged may be subject to foreclosure or other remedy allowed by law. Dated 91'10 ? M~t~f[l~! ,1 tVf Witness: BELCO Community C!edit U":lion L getting you there STATEMENT OF ACCOUNT II MAIN OFFICE: 403 N. 2nd Street P.O. Box 82 Harrisburg, PA 17108 Page 1 'TOM~~~'~;Mi"~E'~;S,'fAT~M;:tfrS ' . MO~E'~'.t1;AN,AGEA;~hE/BELCO':f4AY , . {);R,~ NT i:4.~C(\ti~l.IH.f9RMI\ T{.ON ';' .{)N'~OT~~IDES;:,':OF" 'THE'. 'PAGE" 'PJ,.;~ASi::!.;R~VIER: A'J;,:l,;s~A~E$ !!' . ,.'1,; ~,j ..":}.~:.;':-U~:':iiT>~~.f2fr~:~~j:(<~j:?~~.tiA}~';:)~f~~>?:L\J,,~'~',:; {.' , '. , . '. . JOINT OWNERS 1...111...111.....11..11..1.1....1.1.11...1..1..11.1...1..1.11 MARY E HUMMEL PATRICIA A. 237 GRANDVIEW RD HUMMELSTOWN?A 17036 rr .. . .. '-'''- , Tfo~", Ef~j;,,~VY~: - . < ;, ;~ti~~j!!;;~a~S:~~~~ 0801 0803 0817 * 0817 * 0830 0831 THE THE THE 0831 0801 0803 0804 0810 0811 0817 0817 0820 0823 * 0826 0827 0830 0830 0830 0831 0831 0801 0817 * 0831 HUMMEL PREVIOUS BALANCE ~ ~ SAVINGS PAYMENT VIA OFFICE/MAIL PREAUTHORIZED AUTO TRANSF PREAUTHORIZED AUTO TRANSF 840788 PHONE TRANSFER VIA BELLE DIVIDEND ANNUAL PERCENTAGE RATE IS 1.00 ANNUAL PERCENTAGE YIELD IS 1.00 ANNUAL PERCENTAGE YIELD EARNED IS 1.00 NEW BALANCE PREVIOUS BALANCE S4 ~ CHECKING PAYMENT VIA OFFICE/MAIL DRAFT PAID DRAFT PAID DRAFT PAID DRAFT PAID DRAFT PAID PAYMENT VIA OFFICE/MAIL ACH DRAFT OLD NAVY #6550 PURCHASE -HARRPA DRAFT PAID DRAFT PAID PHONE TRANSFER VIA BELLE DRAFT PAID DRAFT PAID DRAFT PAID NEW BALANCE 0459 0460 0461 0462 0463 0465 0464 0468 0466 0467 0469 80000 -22587 27587 -100000 595 10000 -2474 -10408 -2500 -3000 -5752 23573 -2800 -5000 -2100 100000 -7246 -3000 -59621 ACCOUNT NUMBER 737310 SOCIAL SECURITY if STATEMENT PERIOD From To ,() ~() 1.~~1? 8 ~ 10:4 ~,;:i,:'L"~C~ ' ,".,," ;>'>"6320188 712088 689501 717088 617088 617683 617683 52941 62941 60467 50059 47559 44559 38807 62380 59580 54580 52480 152480 145234 142234 82613 82613 ------------------------ CLEARED DRAFT SUMMARY ---------------------- 0459 0460 0461 0462 0463 0464 **** 0466 0467 0468 0469 PREVIOUS BALANCE L2 02 MERC SABL 517 PREAUTHORIZED AUTO TRANSF NEW BALANCE-PERIODIC RATE.013671% >> ANNUAL PERCENTAGE RATE 4.990%<< **CONTINUED** TOTAL DIVIDEND YEAR- TO-DATE for aU savings except IRA. Dividunds shown. if $1 0 or over, will be reported to the Intemal Revenue Service for this calendar year. 'INDICATES EFFECTIVE DATE 18353 4234 TAL FINANCE CHARGE YEAR- TO-DATE for all loans . 999152 980799 980799 0718833 BELeo STATEMENT OF ACCOUNT Page 1 Community Credit Union L gettingyou'there MAIN OFFICE: 403 N. 2nd Street PO, Box 82 Harrisburg. PA 171 D8 ( . .:;. , ..' . BElCP .S:';'\.OW::;~Are;KOt.d:OAV" LOAN QFf:~RS'<A:;:$.R~A T'W.AY, . TO BORROW,KOtlE,Y'Af'ULKAKS ;', ' THE HQt'iDA'l$;' MORE . ' ,..' " 'MEMORAIU.E'~,."'<' of::, ;I;. . :..,. ,: . n.<, <~ < r}/ ~f.;~' .:'~i~-'1) t .::'~i: '.;i(:i/~ '>:.:~ ~;,< JDINT DWNERS ACCOUNT NUMBER 737310 SOCIAL SECURITY II 176-XX-XXXX STATEMENT PERIOD From To ,"'."" ,~,,','",'" " ; r'"'",,"; mp",r:"",'.,,;."":"':""~' ",:':,:,,',.~.""'N' ~~.;;.P:;".""".,.:".,,,,',':,i,O:::,,,',,,,~,.,l,jl',~,"l '".',l,u', 3n:"",q", q ~ '!;\,);~~~~:';'$;::'~"'; ~~, ",n _ '; ~ MARY E HUMMEL 237 GRANDVIEW RD HUMMELSTOWN PA J7036 PATRICIA A. HUMMEL <<: T', : .... ~ ,....' '. ',' '" . '.~'. .~ r~Jt-fr9ft', ,iF~W:~f; <,i .~.~.< :i:,{;::~:';"Q~R~'11Q!,:;::' ';;:,' '-. ...~.;; . "., ":(, <;. ", ;/",;,:.. . ."" ';'"" ..,. 1101 PREVIOUS BALANCE 51-SAVINGS 962322 1117 * PREAUTHORIZED AUTO TRANSF -22587 939735 1117 * PREAUTHORIZED AUTO TRANSF 840788 27587 967322 1128 PAYMENT VIA OFFICE/MAIL 80000 1047322 1130 DIVIDEND 879 1048201 THE ANNUAL PERCENTAGE RATE IS 1. 10 THE ANNUAL PERCENTAGE YIELD IS 1.11 THE ANNUAL PERCENTAGE YIELD EARNED IS 1. 11 1130 NEW BALANCE 1048201 1101 PREVIOUS BALANCE 54-CHECKING 75398 1105 PAYMENT VIA OFFICE/MAIL 27620 103018 1105 DRAFT PAID 0361 -6904 96114 1117 PAYMENT VIA OFFICE/MAIL 34990 131104 1126 DRAFT PAID 0365 -8954 122150 1128 DRAFT PAID 0364 -3433 118717 1130 NEW BALANCE 118717 ------------------------ CLEARED DRAFT SUMMARY ---------------------- 0361 **** 0364 0365 1101 1117 * 1130 PREVIOUS BALANCE ~ ~ ~ ~ ~ PREAUTHORIZED AUTO TRANSF 17664 4923 NEW BALANCE-PERIODIC RATE.013671% >> ANNUAL PERCENTAGE RATE 4.990%<< ** NEXT PAYMENT DUE: 12/18/03 MINIMUM PAYMENT AMOUNT: 1161598 1143934 1143934 225.87 TOTAL DIVIDEND YEAR- TO-DATE for all savings except IRA. Dividends shown, if $1 0 or over, will be reported to the Internal Revenue Service for this calendar vear. *INDICATES EFFECTIVE DATE 262.54 TOTAL FINANCE CHARGE YEAR. TO-DATE for aU loans. 154.47 NOTICE: See roverse side for important infonnation. 0701693 VERIFICA TION I, MARY E. HUMMEL, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. i'Y\o.ul C, '-\-\~ Q , Mary E. ~mel Dated: \'L I \ \ O~ 30941 F:\USER\ST ACY\CCP COMPLAINTS\WORK\3094] .wpd:26Nov04 ~ [:) -<Q 7t ~ 0 ~ 0 ~ ..:.'",:::> ~, -- c:...::> -n -1..-"- '- f'. U C? .-1 ~'L --r" ~ ~ P1 ill f':::'. C-) MT1'm -~; f'~) OJ "- -U .z.- .~:~ ~J) 0 CY f .. ,,""': -l~i ~ P- -'T.l ;':j~S -'." " .,..-11 ~ ~ (J " "'1 (.,) 7.;:'~ .~.1 (..) -<..: mf1/2 ~ (, 1--(UIIlfl1[ { l! 'j () I'll /c hCJf ( (rvmf,;"l : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No(}(-62/,Q- CIVIL TERM , :CIVIL ACTION - LAW : DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim. or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT QNCE. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 RE: Mary E. Hummel v Michael Crumling In The court of Common Pleas Cumberland County, Pennsylvania NO 04-6269 Civil 11 /J5tJf:' /2. I am not an attorney, however I will attempt to respond to the complaint, Mary Hummel, Plaintiff, received by me on Dec 31, 2004, and hereby advise of my intention to defend. I feel it important to make some correction of facts, and offer some germane details at this time. Defendant seeks to set aside this complaint, and continue paying under the agreed terms. The following is a statement: 1. In the summer of 2003, Michael Crumling discussed with his close friends, leaving his employment and creating a restaurant. Mary Hummel expressed an interest in securing a place in the business for her future husband, Michael Hocker. She. offered $ 15,000 for the purpose of investment, as she was "not making any money on the savings account.' The defendant did agree that a partnership with Mr. Hocker would be very desirable, but wished rather to borrow the funds personally. It was discussed then, that the creation of a new business involves a great deal of planning and research, and that any viable business plan would take several months to develop. The defendant would start the process of forming a corporation and write a business plan. The funds in question would be used to aid the defendant in setting up a real estate partnership with Daniel Robison, for the purpose of securing real estate for the restaurant. Mr. Crumling, and Mr. Robison executed a mortgage on the property. The defendant and partner agreed to involve the Plaintiff and Mr. Hocker in a future investment property when feasible Mr. Hocker and the defendant did become 25% shareholders when the restaurant corporation was formed in 2004. 2. The plaintiff, and the defendant did make a verbal contract at the time the funds were disbursed. The terms were as follows: A. The defendant would add to the principle the amount of $ 4, 000 for a total of $19,000 to be paid which would represent interesVinvestment income at the rate of $ 1,000 a year for a four year term. B. Payments of $ 400. would start and would correspond with estimated real estate settlement date in November, 2003. Further, it was understood that there may be a delay in payment from the time the defendant left his employer and until after the restaurant was opened and operating well, and that it would be discussed on a month to month basis. C. The defendant could pay the note early if desired and it was agreed that the disposition of interest or penalty would be discussed at that time. D. If the aggregate of payments made did not satisfy the $ 19,000 at the end of four years, a balloon payment for the balance would be paid immediately. E. The plaintiff and the defendant agreed to retain the details of this loan as a private matter specifically from those involved in the restaurant business. Though, they were told at a later time. 3. On or about August, 2003 the funds were disbursed, and the process begun. Of his own volition, the defendant did create the promissory note on or about September 5, ........^^ ___ _. ...J'~' __"_ _ ___L"... L_ L'- _ __'_'__,,-'11 6. Plaintiff has received payments for October 2004, November 2004, December, 2004. Plaintiff is also in receipt of payment for January 2005. All of these funds were delivered to the plaintiff, prior to the service of complaint to the defendant. 7. Defendant last spoke with plaintiff, on or about September 17, 2004. Defendant did attempt contact with the plaintiff on at least four occasions to discuss this and other matters. Such calls and messages were not returned. 8. The defendant has never refused to pay. The defendant is current under the terms of the original agreement, and intends to stay that way. The defendant believes that the court should rule in favor of the defendant. Should the court rule in favor of the plaintiff, the defendant asks that the principle be restated to reflect the facts $ 19,000 less $ 4,000 interest added to principle and less $ 3,200.00 in payments made to the plaintiff for a balance of 11,800.00 before the imposition of interest and related charges. WHEREFORE, Defendant will offer defense and will seek to set aside the complaint. Respectfully submitted, DEFENDANT 6059 Allentown Blvd 229 Harrisburg, PA 17110 717469-0344 VERIFICATION I, MICHAEL E. CRUMLlNG, affirm that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. ~/(o;tj Oaed Notarial Seal Deborah M. Donofrio, Notary Lower Paxton T wp., Dauphin nty My Commission Expires .July 2. 2006 Member, Pennsylvania As~oc'ation Of Notaries r-".) C:::'l ~ ~ ...,.::. (") -{1 --I -, -i~-' '. c\ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-06269 CIVIL MARY E. HUMMEL v. MICHAEL CRUMLlNG Defendant RULE 1312-1. form: The Petition for Appointment of Arbitrators shall be substantially to the following PETITION FOR ApPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $17,000.00. The counterclaim of the Defendant in the action is $n/a. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or none. Defendant responded pro se. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. ~ Robert D. Kodak Attorney 1.0. No. 18041 ORDER OF COURT AND NOW, ' 2005, in consideration of the foregoing Petition, , Esquire, ' Esquire and , Esquire are appointed Arbitrators in the above-captioned action as prayed for. By the Court, J. -'q. D li=i l\ 'b - ~ -U .. ..c. ?- o V"\ t ..t ~ Vl Q 1 - ~', '11 -n .'" ,,-0 co) ", MARY E. HUMMEL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2004-06269 CIVIL MICHAEL CRUMLlNG Defendant RULE 1312-1. form: The Petition for Appointment of Arbitrators shall be substantially to the following PETITION FOR ApPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $17,000.00. The counterclaim of the Defendant in the action is $n/a. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or none. Defendant responded pro se. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Robert D. Kodak Attorney I.D. No. 18041 ORDER OF COURT AND NOW, ':k/I:vu.u:;;/ 0dA ;.it!.. ",-A a~ jJf and );U;Jd; rYJU~~ action as prayed for. .I D , 2005, in consideration of the foregoing Petition. !;dt!. .r/j~!-(A- J~ , Esquire, , EsquirE , Esquire are appointed Arbitrators in the above-captione fJ J1},.~ ~~, ~ ~ .:111//Q,- ~ 0: h .,' ()' ..J t ',;'/ L; i r ) (.) .cq \ -- ~ c. -- r-- 0 r- V) r 0 ..c; f"'" ..t V"'\ ." ':1 V) ~ r- ~ ,.,..,) - ., r', ~. (/, SHERIFF1S RETURN - REGULAR CASE NO: 2004-06269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUMMEL MARY E VS CRUMLING MICHAEL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRUMLING MICHAEL the DEFENDANT at 1849:00 HOURS, on the 29th day of December, 2004 at 829 STATE STREET LEMOYNE, PA 17043 by handing to DEBORAH DONOFRIO, MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.84 .00 10.00 .00 39.84 i,:i;s.;.~"C"'" ////" ::' '~'~'".~S~-t:' R. Thomas Kline 12/30/2004 KNUPP KODAK IMBLUM Sworn and Subscribed to before By: f2---/~ Deputy Sheriff me this JIJ::; day of 1 " J Lj.l~' '-:""7 c2t^O./ A. D. Y;;. () 111<;&.,~ rothonotary MA.ey 6. !-fUHHcL Plaintiff In The Court of Common Pleas of Cumbe land L/ County, Pennsylvania No. ~.. Z C li..I/ L-- /'tIC6I-XL CR(;N(I;U~ Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of States and the Constitution of this Commonwealth and that we will discharge the duties of 0 w. fidelity. e United office Signature ~ Signature t!.~/ 1utmI Jt1. Signature IJ-A-~() S" (~JtJ - {!;:> Name (Chairman) /l!-w;tJ l~v/ ~ Law Firm ~ /olY?J Name Uyt?-o/ b//'U7,Y ~.",4'm'~ Law Finn ' At ;t.iI It! /Ii. :>eIOI>t; ,Ie; Name 7u{0 l.t.", Of~ i e<., Law Firm ,,4 (" f/ltf ~r Address /ZJ /!!tar 51 ,)d}by/' Address ~(fJ'Vft! 74 /7/tfIf City, Zip 1.~ 1:.. ~; \1 <) Address CftJC.lJrLL 17.). '7013 City, Zip (t;lliJ{ M 110 1, City, Zip Award We, the undersigned arbitrators, having been duly appointed and swom (or affirmed), make th following award: (Note: If damages for delay are awarded, they shall be separately stat .) &/. ~.. .) Date of Hearing: 4 /27 Ie )' Date of Award: 4 /1 7 (05'- (Chairman) /lItW( IItt tl Notice of Entry of Award Now, therl7 dayof Ap.RlL- ,20~, at,??: .09 , L.M., the above aw d was entered upon the ~d notice thereof given by mail to the parties or their attomeys. Arbitrators' compensation to be paid upon appeal: $ c:; <=J ( ) &-0 C."dM 1: 0':~ By: ~.. fit." ~~ ./ / Deputy 1// ~ ')... --J '-. \) '" \ i: r n ~;; ~~;~~ [7; "" '.:.':::':,-';, (.?:)- ) -.- ;--,:,::: ""..-'-.. ....:'- 1::~' >'c' z ~ ~A ~ -, t C0t b l~ J~ ~ "-- ...., ~ 0 <:on .,., ::. _0 -0 :c =u rn::r.:! N -nhi -..J "''i? ~ t~Ii ~ bf~ ~'I o ~- I.... :.0 ~ H< Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARY E. HUMMEL v. : NO. 2004-6269 CIVIL MICHAEL CRUMLING Defendant : CIVIL DIVISION - LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PRAECIPE Please enter Judgment in favor ofthe Plaintiff, MARY E. HUMMEL, and against Defendant, MICHAEL CRUMLlNG, in the amount of$20,046.25, plus costs, per the attached copy ofthe Notice of Entl)' of Award from the Award of Arbitrators filed with this Honorable Court on or about April 27,2005. TO: Cumberland County Prothonotary Dated: June 16.2005 ~ -- Robert D. Kodak, Attorney for Plaintiff AttomeyI.D. No. 18041 .- ~ ~ ~ 0 ....' l'f ~ c:;:. 0 c = -<. <OJ'> --n ~ ~ ~ ,-; '- -I c: -r ~ rR ::D ~ ""';.;.. .-- ~ N -CfT1 ~ V ~ c::> :.r;O Ii)- () ! , ~ _'jO \J\ -0 i~~ ~ ~.: V ~ N ---1 ~ W ?E ,,~ .< MARY E. HUMMEL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-6269 CIVIL TERM MICHAEL CRUMLlNG Defendant CIVIL DIVISION - LAW To MICHAEL CRUMLlNG, Defendant(s) You are hereby notified that on r .;zL} entered against you in the above-captione ase. , 2005, the following Judgment has been Judgment entered in the amount of $4.025.00. plus from July I. 2004. DATE: e,'../il'~ Prothonotary I hereby certify that the name and address ofthe proper person( s) to receive this notice is: MICHAEL CRUMLlNG % ARROWHEAD GRILLE 829 STATE STREET LEMOYNE, PA 17043 AI MICHAEL CRUMLlNG, Defendido/a Defendidos/as Por este medio se Ie esta notificando que el _ de sido anotado en contra suya en el caso mencionado en el epigrafe. del 2005, el/la siguiente Fallo ha Jud~ment entered in the amount of$4.025.00. plus from Julv I. 2004. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: MICHAEL CRUMLlNG % ARROWHEAD GRILLE 829 STATE STREET LEMOYNE, PA 17043 . PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 MARY E. HUMMEL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term 20 Plaintiff NO. 2004-6269 CIVIL TERM Term 202.i.- vs Amount due $ 20.046.25 MICHAEL CRUMLING 409 4TH STREET NEW CUMBERLAND PA 17070 Interest FROM DATE OF JUDG. 06/20/05 Atty's COIRm. $ 1,002.31 and CostsTO BE DETERMINED$ Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of C~~ County, Pennsylvania; (2) against MICHAEL CRUMLING (3) and against Defendant (s) Garnishee (sl, (4) and index this writ (a) against MICHAEL CRUMLING (b) against Defendant(s) and Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PBRSONlU. PROPERTY 01' ABOVE-LISTED DEI'ZIIDAN'.r (S) M ABOVE-LUTED ADDRESS INCLUDING B1l'J! NOT LIHITED ro 1'ORNJ:TlllUl:, BQtJIBIENT, BLBCTRONJ:CS, INVBII'l!ORY, (5) Exemption has (not) been waived. Dated 08/09/05 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) . '(~}vOlt aln~ 88'S .paJTSep S~ sUapu~d S11 e se .6uTxapuT pm? patptq.~e 6'1 aaljSTu.I~.6 atj:j. JO aureu 84'-+ ur ,{~.lado.7d IPSoJ 11 );rao pa:j.ardUJo:::> aq prrloqs (q) (v) qdeJoe.:red . (qlvOTf aln~ aaS '~.Ie1ouoq10.Id 8'4'+ Aq ^:j.uno~ :j.eq:j. UT as,Xnoo JO se pa,ITnQ8J s1 6uTxapul 1\.:).uooo Jaq:j.oue 0'+ sanG's! :j.l.IM all:). uaqM .(el~Orf aTn~ Aq pazTJoq:j.ne se pa.::rrsap lOT 'aoul2.:rnssr 10 A:j.unco aq1 UT $uoT.+n:>axa 8l.11 JO oUTxapuT J1 1I.rao pa:j.aTdUIoo aq Prnal/5O (El (v) qde.:roeJ:Ed . (:j.l,XM aq4 UT papnT:::>uT aq 0:). s1 aaqsTu.::re.6 pa~u e uT ATao pa181dUIoo aq PTnoqs 8Aoqe) (El llde.::r.6eJed 'pans-sf" lj:lT4M uT 1\.1uooo alj:). JO Jl1Jaqs aq:j. 0:). 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WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6269 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY E. HUMMEL, Plaintiff (s) From MICHAEL CRUMLING, 409 4TH STREET, NEW CUMBERLAND, PA 17070 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, EQUIPMENT, ELECTRONICS, INVENTORY, ETC. (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 ofthe 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $20,046.25 Interest FROM DATE OF JUDG 6120/05 Arty's Comm % $1,002.31 Atty Paid $97.00 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: AUGUST 10,2005 CURTIS R. LONG (Seal) ProthonotijI)' ~rJ/>o.O -2.7r,./Z/?/Jt.~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQillRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: Sheriffs Costs: 150.00 54.98 $ 95.02 18.00 1.08 .50 1.00 14.40 20.00 Refunded to Ally on 09/06/05 54.98 So Answers; r *~-L ~t' R. Thomas Kline, Shfn;;- oJ QuclOt_Q I ~chcJu./ By Claudia A. Brewbaker o -;::.. ",. '" .. .... Sworn and Subscribed to before me 2005 A.D. ~~~~~(D) b I :Gl d G I ~:~V ~OOl if .' : :: :-;~: Ci ;'-. '" " p (""" d _:1 ~ !,' Ii -,I ,.1 , "I' ;: I;;::J C'J :=.Y , \."" ~,'1IQ1) JCu-. I ~ S Jr.!.. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6269 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY E. HUMMEL, Plaintiff (5) From MICHAEL CRUMLING, 409 4TH STREET, NEW CUMBERLAND, P A 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, EQUIPMENT, ELECTRONICS, INVENTORY, ETC. (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 ofthe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $20,046.25 Interest FROM DATE OF JUDG 6/20105 Atty's Comm % $1,002.31 Atty Paid $97.00 Plaintiff Paid Date: AUGUST 10, 2005 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ~ ___By: h (J/>o, J! . 'lJ~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041