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HomeMy WebLinkAbout05-1268 Hillary A. Dean, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO !.D. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DANIEL and PAT FARWELL, h/w, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- I;) {/{ CIVIL TERM CHARLES WINN, Defendant 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 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 ELIGffiLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO I)}" LX A-"'l ,,' F:\F1LES\DA T AfILE\General\Currem\8326, 7 -com Cw'aled', 311i03 4:25PM Revised: 3/2105 0:41PM DANIEL and PAT FARWELL, hlw, Plaintiffs v. CHARLES WINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- CIVIL TERM COMPLAINT I. Plaintiffs, Daniel and Pat Farwell (herein, "Plaintiffs"), are adult individuals residing as husband and wife at 1750 Walnut Bottom Road, Newville, Pennsylvania, 17241, and fee simple owners of the property located at 1697 Walnut Bottom Road, Newville, Pennsylvania, 17241 (hereinafter "Premises"). 2, Defendant Charles Winn is an adult individual residing at 1417 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. At all relevant times, Defendant was leasing the Premises from Plaintiffs. 4. On or about January 13,2003, Plaintiffs leased the Premises to Defendant by entering into a Residential Lease/Monthly Rental Agreement (herein, "Lease"). A copy of the Lease is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Lease provided for a month-to-month lease commencing on February' I, 2003 and requiring a one month's written notice of termination. 6. The monthly rental of the Premises was $400.00. 7. Defendant paid a security deposit in the amount of$400.00. 8. The Lease provided that Defendant make monthly payments to Plaintiffs on the first day of every month during the Term. 9. Defendant failed to pay the rent due for the month of October 2004 which was owed to Plaintiffs on October I, 2004. 10. Defendant failed to pay a $78.00 to the Plaintiffs an oil bill owed by him for his portion of the cost of heating the Premises. 11. Pursuant to the paragraph titled "Utilities/Services" within the Lease, Defendant was responsible for payment of 50% of the cost of heating the Premises. 12. Defendant vacated the Premises by October 18, 2004, but continued to ~etum to the Premises to remove personal items until November 8, 2004. 13. Defendant did not return the keys to the Premises to Plaintiffs; Plaintiff Daniel Farwell went to Defendant's current residence on November 8, 2004 to retrieve the keys. 14. Defendant left the Premises in a state of extreme disrepair and caused severe damage to the Premises. 15. Pursuant to the paragraph titled "Security Deposit" within the Lease, Plaintiffs withheld Defendant's security deposit of$400.00 to apply to repair the Premises. 16. Plaintiffs applied the Defendant's security deposit to the cost of repairing the Premises. 17. Plaintiffs also were forced to use flea "bombs" on three separate occasions in order to rid the Premises of the flea infestation which manifested as a result of Defendant' s occupancy therein. 18. Pursuant to a letter sent via certified mail, delivered to and signed by Defendant on January 13,2005, Plaintiffs notified Defendant that the cost of repairs to the premises totaled $2072.00 and that he owed $1672.00 for the cost of damage repair and cleanup to the property after the $400.00 security deposit was deducted from the total. Plaintiffs also notified Defendant that he owed the last month's rent. See January 10, 2005 Letter attached hereto as Exhibit "8." 19. Defendant did not remit any payment to the Plaintiffs for rent or the heati~g bill or for the damage he caused to the Premises. 20. Defendant failed to remove all of his belongings upon his vacation of the premises, including two flea-infested couches. 21. Pursuant to the paragraph titled "Maintenance of Leased Premises" within the Lease, Defendant agreed to deliver possession of residence in "clean and good condition" to Plaintiffs upon temlination or expiration of the Lease. See Exhibit "A." 22. Defendant violated the Lease by, inter alia: a. Damaging the Premises above and beyond normal wear and tear. b. Failing to pay rent for the month of October 2004. c. Failing to pay an oil bill for the month of October 2004. d. Keeping three pet cats on the Premises in violation of the paragraph titled "Pets" within the Lease. e. Failing to remove all personal property from Premises after termination and/or expiration of the term of the Lease. f. Altering the Premises in violation of the paragraph titled "Alterations" within the Lease. g. Failing to maintain the Premises in a clean and sanitary condition in violation of the paragraph titled "Maintenance of Leased Premises" within the Lease. 23. Pursuant to the paragraph titled "Repairs" within the Lease, Defendant agreed to pay all expenses incurred in connection with the Premises if a breach of the Lease by Defendant was to occur. 24. Notwithstanding Defendant's contractual obligation under the Lease, Defendant did intentionally, recklessly, and/or negligently damage the Premises causing $1672.00 in damages. 25. Defendant has failed and refuses to pay for the damages caused by Defendant to the Premises as required under the Lease. 26. Pursuant to the paragraph titled"Legal Fees" within the Lease, Plaintiffs are entitled to reasonable attorney's fees and court costs incurred as a result of Defendant's breach of the Lease. 27. Plaintiffs have demanded Defendant to pay for the above mentioned damages, but Defendant still refuses to pay the same or any part thereof. 28. Plaintiffs believe and aver that the fair and reasonable cost of making the'said repairs described above is $1672.00. 29. Plaintiffs have performed all conditions precedent under the Lease, including all notice requirements. WHEREFORE, Plaintiffs demand judgment against Defendant as follows: (A) in the amount of $1672.00 for repairs/improvements and labor, exclusiv~of interests and costs; (B) in the amount of $400.00 for rent owed by Defendant for October 2004; (C) in the amount of$78.00 for the cost of the oil bill owed by Defendant for October 2004 heating costs; (D) costs for this action, including costs for filing and attorney's fees; and, (E) other relief this Court deems just and proper. MARTSON DEARDORFF WILLIAMS & OTTO By ) CLo L Hillary A. Dean .. . rD. No. 92878 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 o.Jlcuu Date: March IG ,2004 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have ,given to my counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content ofthe document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. <fcU:-~a~ Pat Farwell Date: 3//(1 c r l~ ~. '- '- ~ s;;: v- ---. <'- \ " ~ ~\l \;) V'- '-'\\ ~ ~ ~ ~ ~~ ~ ~ ~ \) \~ h~ ~ C') i:::? :',..-'\, ~r:- - C-) ~ () -'.1 .,.,,',. :;~'~, ,u -- C) CASE NO: 2005-01268 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARWELL DANIEL ET AL VS WINN CHARLES JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accord in to law, says, the within COMPLAINT & NOTICE WINN CHARLES DEFENDANT was served upon , at 1815:00 HOURS, on the 16th day of March at 1417 WALNUT BOTTOM ROAD NEWVILLE, PA 17241 CHARLES WINN by handing to a true and attested copy of COMPLAINT & NOTICE he , 2005 togethe with and at the same time directing His attention to the contents hereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to me this (3+?-. day of (10 . ~-~ 18.00 3.70 .00 10.00 .00 31.70 before A.D. So Answers: ~?,:#P~:~:~:t6;5,r /-0: ,,P'~~~:;::~~~-,,r R. Thomas Kline 03/17/2005 MDW&O By: r-: , F:\FlLES\DA T AFlLEIGeneral\CuITent\8326.7not I Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs DANIEL and PAT FARWELL, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 1268 CIVIL TERM CHARLES WINN, Defendant TO: CHARLES WINN. DEFENDANT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(7l7) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO Date: April 29, 2005 By Hillary A. De Ten East High treet Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff '~ CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Ten-Day Notice was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Charles Winn 1417 Walnut Bottom Road Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By (A ).fi)Jlj J u 1 e A. Decker en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 29, 2005 '"i "" c~.., c.;.':"J (,;.1"1 o -n ..... J:-n fnr~ -~lrn -",0 {~(=) "5~ , ~ .-, ~ '::q -, -,:-... ::':9, ;,::.." ", \.0 -0 _.~ -'- 1;;") W .r. " '<( Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs DANIEL and PAT FARWELL, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 1268 CIVIL TERM CHARLES WINN, Defendant TO: CHARLES WINN NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 3M dayof 0, , ,2005, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $2, 150.00, plus interest, attorney's fees, and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date:( Id,u, / '1 :;MOl, . I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Charles Winn 1417 Walnut Bottom Road Carlisle, P A 17013 Hillary A. Dean, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D, 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorne s for Plaintiffs DANIEL and PAT FARWELL, hlw, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHARLES WINN, NO. 05 - 1268 CIVIL TERM Defendant TO THE PROTHONOTARY: PRAECIPE Enter default jUdgment in the above-captioned action in favor of Plaintiffs and against Dofoo'", in "'" ='""' of$2,1 50.00, ,1" in"","" "tomey', f"", ,,' "", o".il ~ p""", fo. in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certity that a written notice of intention to file this Praecipe was mailed to the Dofoo'", 'I ", """'"' indl""", "",oon, 00 April 29, 2005, whi'h ""'W~ ,"h,,,,,",", to ", d,l, default Occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO By dfuOv~ aJ)pflJL) aiilary A. Dean, Es u' e . I.D. Number 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 3 , 2005 Attorneys for Plaintiff ~ v @1; (Q) ~ F:\FILESIDA T AFILE\GcneraIlCllrrelll\8326. 7.not I Hillary A. Dean, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attome s for Plaintiffs DANIEL and PAT FARWELL, bJw, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHARLES WINN, NO. 05 - 1268 CIVIL TERM Defendant ~ 0 ~i /1 ~ ~-f ,) :r: :n ;::;:.-:; rT1F- -om ,,) -'0 Cl \1:);-) 1. ~:jSo~ IMPORTANT NOTICE ;r ~J?~ r~ N ,.,.11 :,~~ .. ~i YOU ARE IN DEE AULT BECAUSE YOu HAVE E AlLED TO ENTER A WR1'l<mN1S APPEARANCE pERsONALLY OR BY ATTORNEY AND FlLE IN WRITING wTrniim' COURT YOUR DEFENSES OR OBJEcTIONS TO THE CLAIMS SET FORTIf AGAINST YOU lINLESS YOU Ai" WJTIfIN TI!N (10) DAYS FROM TIlE DATE OF TIDS NOTICE. A JUDGMENT MAYBE ENfERED AGAINST YOU WlTIfotJT A IffiARING AND YOU MAy LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. TO: CHARLES WINN. DEFENDANT YOU SHOULD TAKE TIDs PAFER TO YOUR LA WYER AT ONCE IF YOU DO Nor HAVE A LAWVER. GO TO OR TELEPHONE TIfE OFFICE SET FORTIf BEWW. TIns OFFICE CAN PROVIDE YOU WlTIf INFORMATION ABOUT HlR1NG A LA WVER IF YOU CANNOT AFFORD TO HIRE A LAWVER. TIns OFFJCE MAy BE ABLE TO PROVIDE YOU WlTIf INFORMATION ABOUT AGENcms mAT MAy OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMs & OTTO By Hillary A. De Ten East High treet Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 29, 2005 " J""''''P'A ,,"k~, '" "'ilip",,,,,, '''''' "" M""p, "-'''''Wil1i." & O"P, ""by '''''ii" ili" , "'PY of ili, 'pmgpi'g To>, D,y N'b" w M ,,~"" fbi, "'" by""",. b'g ,." i, ili, p,. Om" M 0.."'. p A, fi,. "'" mw', "".,,, pmpwd, "Idm""" M ,,"'w, CERTIFICATE OF SERVICE Mr. Charles Winn 1417 Walnut Bottom Road Car1is1e,PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO (l,j Dated: April 29, 2005 Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attome s for Plaintiffs DANIEL and PAT FAR WELL, hlw, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES WlNN, NO. 05 - 1268 CNIL TERM Defendant COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) AFFIDA VIT AS TO MILlT MY SERVICE Hillmy A. D=, E",oire, b'iog doly 'wore =oo"'g ~ I.w, ""P""~ ~d ~" ili" M' b" ,"iliOrily~ mM' ilii, ""'"",it" "'hmf ofh~ 'lion, ~d 10 tho b~, ofh~ ""owI"'g,, i",o"""ion ~d "'''ef, ilie Def"","1 ""'y, ,='" i, 00' i, th, milittry "''Yi~ ofili, Unil'" Sm", of Arne"", "'" he h" knowledg, ili" ili, ""d D'fu'd~t i, 'ow "'i'g," 1417 W m,", Bottom Rood, C~"'I" PA 17013. Said Defendant's place of employment is unknown. '- SWorq, to and subscribed before me this~ day of ,2005. COMMONWEALTH OJ' PLNNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Bom, Cumberland County My Commission Expires Aug. 18,2007 Memher, P~'l~."yIVFlrol') tl "<:Ociatlon of Notaries '. Hillary A. Dean, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 92878 10 East High Street Carlisle, P A ] 70] 3 (7] 7) 243-334] Attorne s for Plaintiffs DANIEL and PAT FARWELL, h/w, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHARLES WINN, NO. 05 - 1268 CNIL TERM Defendant COMMONWEALTH OF PENNSYL VANIA ) : SS COUNTY OF CUMBERLAND ) Hillary A. Dean, Esquire, being duly sworn according to law, deposes and says that she is an employee of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Ru]es of Civil Procedure, a notice of intention to enter default jUdgment against the Defendant was given to him by mail on June 3,2005. Sworn to and subscribed before me this~~ay Ofr ,2005. ~< . tjl(, (.z).0Y~ Not ub]ic I COMMONWEALl/l OF PLNNSYLVANIA Notarial Seal Mary M, Price, Notary Public Carlisle Bore, Cumberland County My CommissIon Expires Aug _ 18, 2007 Member, Pennsylvanlii, Assoc1al'on 01 Notaries - CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles Winn 1417 Walnut Bottom Road Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO BY~) ;1. O~,> M . Price 10 Ea High Street Carlisle, P A 17013 (717) 243-3341 Dated: June ,j ,2005 f ~~ .c, 4 ..r) 1 J:. "" 0(} V\ ~ ~. ~ " " '" c' ~ 0 ..., ~ = c:: = ... <.n ::t:> -urn <- ~:n ~ cpr!": c: "",.:T\ :;z: fTi J\ z~: I ~cr ~:'~: w r::" ,._~ --19 <~_. -0 6-d ~Q (' .-" ::It ".0 .. ~u om c:: ~ -=-< -0 Z ?O ~ =.:2 .r:- w '-< Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DANIEL and PAT FARWELL, h/w, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 1268 CIVIL TERM CHARLES WINN, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (I) directed to the Sheriff of Cumberland Connty; (2) against Charles Winn, having an address of 1417 Walnut Bottom Road, Carlisle, P A 17013. (3) Index this writ against Charles Winn, Defendant. (4) The amount due plus costs of suit $2.150.00 Interest from June 3, 2005, at the rate of $.35 per day Costs to be added $-- $--- $-- Attorney's fees Total $ Direct the Cumberland County Sheriff to execute upon any and all personal property including but not limited to any bank accounts held by the above Defendant. - To be determined by the Sheriff of Cumberland County Date: July 11,2005 MARTS ON DEARDORFF WILLIAMS & OTTO Hi~ f::fi:"g,;j}fO" J LD. Number 92878 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ~ Q. ~ ~ -' ~ - ~ ?f,:J:1 44., - ~~ i'" -'0 '6J ,.. 7"- (jl J) V'\ ~ >-'> . -5 , .- .,,~ (:) ~ <:> J, I;) rV 0 <5 0 '{j :;l';'; '*- <" <:> c <:; 0 ..." ,.,ow-i' -- C),,8 c:- ~ ~,. -ort' ~ --0 '-? ,~ '- \" ~ -~ ~ --.. ? ~ r:- ::z. '@. .,p 'Y ~ ....c... ? ~ ~ ~ 4 J - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-1268 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DANIEL and PAT FARWELL, h/w Plaintiff (s) From CHARLES WINN OF 1417 WALNUT BOTTOM ROAD CARLISLE PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property including but not limited to any bank accounts held by the above defendant (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 enj oined 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) Ifproperty 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$2,150.00 L.L.$0.50 Interest From June 2, 2005 at the rate of $.35 per day Ally's Comm % Due Prothy $1.00 Ally Paid $113.70 Other Costs Plaintiffpaid Date: July 13, 2005 (Seal) CURTIS R. LONG :- v-IffJ/;k!!fti- Deputy REQUESTING PARTY: Name Hillary A. Dean, Esq. Address: Ten East High Street Carlisle Pa 17013 Attomey for: Plaintiff Telephone: 717-243-3341 Supreme Court ill No. 92878 TRUE COpy FROM RECORD In T0St!fllOOlI wtillroof, I here unto S5! my h31ld MIl the seal of said Court.41 Carlisle . T .';} . w. I . of jAil ~ l'> -'VA'.#( /.? . -- Pmthc!1mm~ Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: 18.00 43.00 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Post~r.i TOT~ = !1!b [hfb SwoJ ;'118 Subscribed to before me .50 1.00 4.00 20.00 20.00 $ 106.50 2005 A.D. Advance Costs: Sheriff s Costs: 150.00 106.50 $ 43.50 Refunded to Atty on 08/09/05 (:\t-~ .&;Y So Answers; r~~ R. Thomas Kline, ~ff C1a,Lube- ~~'.oa1..Jj By Claudia A. Brewbaker , :~jj zz :0 V E \ i\\1 SGGZ . , ,J p~ -':~',i; r~: '-_, .:U\tLn,J u " 1'.'\\ ',.::.1_,." WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-1268 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DANIEL and PAT FARWELL, h/w Plaintiff (s) From CHARLES WINN OF 1417 WALNUT BOTTOM ROAD CARLISLE PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property including but not limited to any bank accounts held by the above defendant (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) Ifproperty 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,150.00 L.L.$0.50 Interest From June 2, 2005 at the rate of $.35 per day Atty's Conun % Due Prothy $1.00 Atty Paid $113.70 Other Costs Plaintiff Paid Date: July 13, 2005 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name Hillary A. Dean, Esq. Address: Ten East High Street Carlisle Pa 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 92878 ,/ 0 <) ) '" \. q,~ ~ SO" . AI.OI1 C~\\ii P'