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HomeMy WebLinkAbout14-1392 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM C u uL e �C , MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ _ ADDRESS OF APPELLANT CITY RTATE ZIP CODE DATE OF JUDGMENT IN S HE CAS F (Plaint' (Defend t)' ? 1 �.cc� � Vs Sty" &L4 DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy "- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE -, o--= M (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in actitslforeagistet'Ia/ District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. > PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a Marfi lair in thi!�iaoipeal Name ofappellee(s).. > _rl (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 C�' COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Ir Mag. Dist. No: MDJ- 09 -3 -02 Jacob Bream MDJ Name: Honorable Vivian Cohick V Address: 55 Penn Drive Randall Eugene Bream Nevvville, PA 17241 Telephone: 717- 776 -3187 Matthew Acheson McKnight, Esq. Docket No: MJ- 09302 -LT- 0000004 -2014 Irwin & Mcknight PC Case Filed: 2/10/201 60 W Pomfret St RECEIVED Carlisle, PA 17013 -3222 FEB 2 6 2014 RRU MAIGH Disposition Details W OFFICES Disposition Summary (cc - Cross Complaint) _ Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09302 -LT- 0000004 -2014 Jacob Bream Randall Eugene Bream Dismissed Without Prejudice 02/24/2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT,OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY /CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW- INCOME AND /OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. p{Ih of p fe Date Magisterial District Judge Vivian Cohick certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 1 of 2 Printed: 02/24/2014 2:50:37PM Jacob Bream Docket No.: MJ- 09302 -LT- 0000004 -2014 V. Randall Eugene Bream Participant List Private(s) Daniel Louis Puskar, Esq. Turo Robinson 129 S Pitt St Carlisle, PA 17013 Plaintiff(s) Jacob Bream 77 Old Barn Lane Newville, PA 17241 Defendant(s) Randall Eugene Bream 215 Meadows Rd Newville, PA 17241 Complainant's Attorney(s) Matthew Acheson McKnight, Esq. Irwin & Mcknight PC 60 W Pomfret St Carlisle, PA 17013 -3222 MDJS 315A Page 2 of 2 Printed: 02/24/2014 2:50:37PM CE THE f'ROTHONOTAi';': 20 MAR -7 PM 3: 00 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby (swear) (affirm) that I served 1: a copy of the Notice of Appeal, Common Pleas No. I , upon the Magisterial District Judge designated therein on KOSC111-1 (date of service) 20 ('- , 0 by personal service by (certified) (registered) mail, kotvkackll 6 du, iSa-ecku, sender's receipt attached hereto, and upon the appellee, (name) , IX coo,Ase_t OA IA.1c,krat 7, 201L1 Dby personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF(fth, 20 Q.evoi\iss) • Signature of o e loaf bore whom affidavit was made Signature of affian . COMMONWEALTH OF PENNSYLVANIA ' Notarial Seal Connie 3. Gibson, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 17, 2015 1MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Title of official sz- My commission expires o AOPC 312A -05 20j CARLISLE NPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 03/07/2014 (800)275 -8777 10:14:26 AN Sales Receipt Product Sale Unit Final Description Qty Price Price CARLISLE PA 17013 Zone -0 First -Class Nail Letter 0.90 oz. Expected Delivery: Sat 03/08/14 Return Rcpt (Green Card) @@ Certified USPS Certified Mail #: 70122210000230607270 Issue PVI: NEWVILLE PA 17241 Zone -1 First -Class Mail Letter 0.90 oz. Expected Delivery: Sat 03/08/14 Return Rcpt (Green Card) @@ Certified USPS Certified Mail #: 70122210000230607287 $0.49 $2.70 $3.30 $6.49 $0.49 $2.70 $3.30 Issue PVI: $6.49 Total: IPaid by: MasterCard Account #: Approval #: Transaction #: 23 903110013 $12.98 $12.98 XXXXXXXXXXXX0081 02771G 712 @@ For tracking or inquiries go to USPS.com or call 1 -800- 222 -1811. ********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ********** * * * * * * * * * * * * * * * * * * * * *,: * * * * * * ** BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. ********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Order stamps at usps.comishop or call 1- 800- Stamp24. Go to usps.com /clicknship to print shipping labels with postage. For other information call 1 -.800- ASK -USPS. ********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * ** 7012 2210 0002 3660 7270 7012 2210 0002 3060 7287 For delivery information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees mn iei Louis ?uS Street, Apt. No. • IA j or PO Box No.' '}'� City, State, ZIP See Reverse for Instruction U.S. Postal ServicerM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees S SentT a /^�ct„tee/ Str t N V V it an h w I?.. Q�N��.l[1._.�C�t.� City St e,ZIP ►!__ - PS Form 3800, August 2006 See Reverse for Instruction CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Daniel Louis Puskar, Esq. Turo Robinson 129 S. Pitt St. Carlisle, PA 17013 Mark F. Bayley, Esquire Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C) r a �.- vs. :DOCKET NO. 2014-1392 -3 rn t7.3 Randall Eugene Bream and co i° — Occupants of 215 Meadows Road : CIVIL TERM -<x> co Newville, PA 17241 E r-_ C3 NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9109 717 - 249 -3166 BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 COMPLAINT COUNT 1 —EJECTMENT JACOB BREAM VS. RANDALL EUGENE BREAM AND OCCUPANTS OF 215 MEADOWS ROAD, NEWVILLE, PA 17241 The Plaintiff is Jacob Bream who resides at 77 Old Barn Lane, Newville, PA 17241. 2. The Defendant is Randall Eugene Bream (hereafter "Randall") and Occupants residing at 215 Meadows Road, Newville, PA 17241. 3 Plaintiff is the owner of the premises known as 215 Meadows Road, Newville, PA 17241, by virtue of Deed executed on October 3, 2003 and recorded under Instrument Number 2003-056453 at Deed Book 259 page 4048 (hereafter referred to as "the premises"). Said Deed and related recorded documents are attached hereto as "Exhibit A." 4. Said Deed sets forth fully the legal description of the premises. 5. Margaret Gipe is Plaintiff's mother. 6. On or around March 7, 2013 while acting as agent for the Plaintiff pursuant to a power of attorney document, Ms. Gipe executed, along with the Randall, a document entitled "RENT TO OWN AGREEMENT" (a copy of said document is attached as "Exhibit B "). 7. As set forth in said document the parties agreed that Randall was to "make the monthly mortgage payments" as well as payments relating to "homeowners insurance, taxes, and all up keep to the property" to the Plaintiff effective March 1, 2013. 8. As set forth in said document the parties agreed that in exchange for the above payments Randall would assume immediate possession of the property to the exclusion of the Plaintiff. 9. As set forth in said document the parties agreed that in exchange for said payments Randall would refinance the home and title it into his own name in five years from the March of 2013. 10. As set forth in said document the parties agreed that upon Randall's default of the agreed upon payment terms for a period of two consecutive months Randall would he would be obligated to vacate the property within 30 days. 11. The monthly mortgage payment associated with the premises is $359.63. 12. Payments made towards the homeowner's insurance premiums associated with the property in 2013 totaled $636.35 (or $53.03 per month). 13. The total face value of the 2013 taxes associated with the property was $1,719.77 (or $143.31 per month). 14. Randall's total monthly payment to the Plaintiff per the agreement was therefore $555.97. 15. Randall made the following payments in months specified below to Plaintiff to date: March 2013: $502 April2013: $400 May 2013: $400 June 2013: $400 July 2013: $400 August 2013: $400 16. The Plaintiff formally requested Randall to vacate the premises no later than January 24, 2014 due to his breach of the aforementioned agreement. 17. Randall has continuously resided on the premises to date. 18. Based upon Randall's default on payments due to Plaintiff the Defendants are in possession of the premises without title, color of title, or benefit of a lease from Plaintiff. 19. Defendants are wrongfully and unlawfully in possession of the premises. 20. Defendants have no rights of possession to said premises. 21. No landlord tenant relationship exists between Plaintiff and Defendants. 22. Notwithstanding the aforesaid, Defendants willfully remain in possession of Plaintiff's property and refuse to vacate the premises of the same. WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property, costs relating to the filing of this action, and any other relief that the Court deems just. COUNT 2 —BREACH OF CONTRACT JACOB BREAM VS. RANDALL EUGENE BREAM 23. Previous paragraphs are incorporated herein. 24. The parties entered into the agreement set forth above and memorialized by the aforementioned document. 25. Said agreement provided ample consideration for the benefit of both parties and constituted a binding contract. 26. Pursuant to said contract, Randall was to pay $555.97 per month plus for upkeep of the premises in exchange for possession of the premises. 27. Randall has breached the aforementioned contract by failing to pay to a total of $4,725.61 due and owing to Plaintiff up and through March of 2014. 28. The Defendant has suffered damages as a result through March of 2014 in the amount of $4,725.61. 29. The Plaintiff will be damaged in the amount of $555.97 for every additional month that Randall refuses to vacate the premises. WHEREFORE, Plaintiff demands a judgment be entered in its favor in the amount of $4,725.61 plus $555.97 for every month past March of 2014 that the Defendant fails to vacate the premises, costs relating to the filing of this action, and any other relief that the Court deems just. Respectfully submitted, BAY EY & ANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. .1715 , COtItAlY g Mil 11 THIS DEI6 Made the 3 - day of October, 2003, 1 TAX PARCEL NO. 15 -04- 0393 -012A BETWEEN GLADYS L. RICHCREEK, now known as GLADYS L. KELLER, and JOHN H. KELLER, her husband, herein designated as the Grantors, AND JACOB D. BREAM, a single person, herein designated as the Grantee, WITNESSETH, that the Grantors, for and in consideration of FIFTY -FOUR THOUSAND ($54,000.00) DOLLARS lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee forever, his heirs and assigns, ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, an existing railroad spike in the center of Township Road T -418 at corner of lands now or formerly of R. Greeger; thence over the centerline of Township Road T- 418 North fifty -three (53) degrees fifty -three (53) minutes forty-three (43) seconds West two hundred nine and nine hundredths (209.09) feet to a nail; thence along lands now or formerly of Grantors North twenty -eight (28) degrees five (05) minutes seven (07) seconds East two hundred twenty -eight and eight hundredths (228.80) feet to an iron pin; thence along lands now or formerly of Marlin Mayberry South sixty -eight (68) degrees eighteen (18) minutes thirty-seven (37) seconds East three hundred thirty-seven and eighty -three hundredths (337.83) feet to an existing iron pin; thence along lands now or formerly of R. Greeger South fifty -one (51) degrees thirty -six (36) minutes thirty-five (35) seconds West three hundred twenty-two and forty hundredths (322.40) feet to an existing railroad spike in the centerline of Township Road T-418, the point and place of BEGINNING. BEING improved with a frame house and shed. Being all of Lot No. 3 on subdivision plan for Clifton L. and Janet Prue dated May 16, 1984 and intended for recording contemporaneously herewith. Containing 1.627 acres, more or less. EXHIBIT l ego* 259 P,1! :4048 BEING the same premises which Clifton L. Prue and Janet M. Prue, his wife, by Deed dated August 30, 1984 and recorded August 31, 1984 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W30, Page 376, granted and conveyed unto Sylvan J. Richcreek and Gladys L. Richcreek, his wife, the Grantors herein. The said Sylvan J. Richcreek died April 6, 1996, thereby vesting title solely in the name of his wife, Gladys L. Richcreek. The said Gladys L. Richcreek has since married and is now known as Gladys L. Keller and her husband, John H. Keller, joins in the signing of this Deed to release any marital interest in said property. r Certify this in Cum ct.;.. �e re County PA A466 \`a— ,.. C V. Ns fwd JCT 7 � +,-•r t.. -.4 d = g b --.4 Foci( 259 PAGE4O49 lah �-• a>es C.4r C1 0.3 ... oca iE Recorder of Deeds TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to Grantee's proper use and benefit forever. AND the Grantors covenant that, except as may be herein set forth, they do and will FOREVER SPECIALLY WARRANT AND DEFEND the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the word "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of or ATTESTED by ,P—Ast k--8 eit Gladys L. Ri hcreek max 259 P4cr4059 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF etAivtioer kx.ra as BE IT REMEMBERED, that on ei.KA- 3 , 2003, before me, the subscriber, personally appeared, Gladys L. Richcreek, now known as Gladys L. Keller and John H. Keller, known to me (or satisfactorily proven) to be the persons whose names are subscribed to within deed and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. My Commission Expires: (SEAL) Noteriel Seel Una' Eiestub. Noisy Relic Mg Eft, BIN County Commie:a Expires Oct. 17.2006 The undersigned certifies that the precise residence and complete post office address of the Grantee is: ais rvleaAetAs Roaa 1-kopeuzeit PA 1104 COMMONWEALTH OF PENNSYLVANIA COUNTY OF RECORDED on this day of Office of the said County, in Deed Book , Page , 2003, in the Recorder's GIVEN under my hand and the seal of the said Office, the date above written. Recorder • !R 259 pArr4051 RENT TO OWN AGREEMENT Ranndall Bream From Jacob Bream 215 Meadows Road, Newville Pa On this day the first day of March 2013, I Ranndall Bream will be living at and have agreed to make the monthly mortgage payments at 215 Meadows road. Along with this payment I will be responsible for the homeowners insurance, taxes, and all up keep to the property. If I, Ranndall Bream., miss two consecutive months mortgage payments, I have 30 days to move out or pay $800.00 for the back mortgage that is due. If any person pays past due mortgage they will get reimbursed with this money. I, Ranndall Bream, in 5 years must finance the home in my own name. On this day the first day of March 2013, I Jacob Bream, understand that Randell Bream will be living at and making my mortgage payments at 215 Meadows road, . along with paying the homeowners insurance, taxes, and all upkeep to the property while living there. I, Jacob Bream, will not take any loans out against this property. I will not go on or near this property unless invited by Ranndall Bream. gnature Date Nc,tn;y '•2 j;Vi Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: f?, Daniel Louis Puskar, Esq. 129 South Pitt Street Carlisle, PA 17013 Mark F. Bayley, Esquire HAROLD S. IRWIN, 111, ESQ SUPREME COURT ID NO 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717- 319 -7560 ATTORNEY FOR DEFENDANTS •r= iLE,D- OF HCE THE PROTHONOTARY 2014 APR 21 PM 1 34 CUMBERLAND COUNTY PENNSYLVANIA JACOB BREAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW RANDALL EUGENE BREAM and. OCCUPANTS OF 215 MEADOWS ROAD : NO. 2014 - 1392 CIVIL TERM NEWVILLE, PA 17241, Defendants NOTICE TO PLEAD TO: JACOB BREAM, plaintiff: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgment may be entere • a • inst you. April a , 2014 HAROLD S. IRWI Attorney for Defenda 64 South Pitt Street Carlisle, PA 17013 717- 319 -7560 Supreme Court ID No 29920 JACOB BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - LAW RANDALL EUGENE BREAM and OCCUPANTS OF 215 MEADOWS ROAD : NO. 2014 - 1392 CIVIL TERM NEWVILLE, PA 17241, Defendants DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT NOW come the defendants, by their attorney, Harold S. Irwin, Ill, Esquire, and file this response to plaintiffs' complaint, representing as follows: Count 1 - Ejectment 1. The averments of this paragraph of plaintiffs' complaint are admitted. 2. The averments of this paragraph of plaintiffs' complaint are admitted, except that the defendant's first name is correctly spelled "Ranndall ". 3 The averments of this paragraph of plaintiffs' complaint are admitted. 4. The averments of this paragraph of plaintiffs' complaint are admitted. 5. The averments of this paragraph of plaintiffs' complaint are admitted. The averments of this paragraph of plaintiffs' complaint are admitted. 7. The averments of this paragraph of plaintiffs' complaint are admitted; however, the rent to own agreement speaks for itself. 8. The averments of this paragraph of plaintiff& complaint are admitted; however, the rent to own agreement speaks for itself. 9. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is admitted that defendant agreed to refinance the home within five years; however, defendant's agreement to do so was not in exchange for the payments he was to make during those five years. In any event, the rent to own agreement speaks for itself. 10. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is idmitted that the agreement provides that one consequence of not making payments for two consecutive months could be vacating the property within thirty days. However, the agreement also provides that defendant could cure such a default by paying the sum of $800.00 to cover the missed payments. In any event, the rent to own agreement speaks for itself. 11. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation, defendants are without knowledge sufficient to form a belief as to the truth of the averment and proof thereof at trial is demanded, if relevant. 12. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation, defendants are without knowledge sufficient to form a belief as to the truth of the averment and proof thereof at trial is demanded, if relevant. 13. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation, defendants are without knowledge sufficient to form a belief as to the truth of the averment and proof thereof at trial is demanded, if relevant. 14. The averments of this paragraph of plaintiffs' complaint are 'denied; The subject agreement does not provide that defendant's monthly payments were to be $555.97. On the contrary, the only inference that can be made from the agreement itself is that the monthly payments were to be $400.00. per month, which defendant was told would cover the mortgage and insurance. The agreement provides that in addition to those monthly payments, defendant was to pay the real estate taxes and maintenance costs. Nowhere in the agreement does it state that payments for taxes were to be included in the monthly payments. , 15. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. It is admitted that the payments listed were made by the defendant. It is denied that those were the only payments made by defendant. On the contrary, defendant continued to make payments of $400 per month through the month of March, 2014. He also paid all real estate taxes of which he was made aware by the plaintiff. 16. The averments'of this paragraph of plaintiffs' complaint are admitted. 17. The averments of this paragraph of plaintiffs' complaint are admitted. 18. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. In the event that a response is required, these averments are denied. To the contrary, defendant has made all required payments on the premises through March, 2014, and the default provisions in the agreement have not been reached. 19. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. In the event that a response is required, these averments are denied. To the contrary, defendant has made all required payments on the premises through March, 2014, and the default provisions in the agreement have not been reached. 20. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. In the event that a response is required, these averments are denied. To the contrary, defendant has made all required payments on the premises through March, 2014, and the default provisions in the agreement have not been reached. Accordingly, defendant is entitled to retain possession of the premises. 21. The averments of this paragraph of plaintiffs' complaint are conclusions of law to which no response is required. In the event that a response is required, these averments are denied. To the contrary, the agreement between the parties is specifically. entitled "RENT TO OWN AGREEMENT" and plaintiff has failed to follow proper procedures in his effort to evict defendant.. 22. The averments of this paragraph of plaintiffs' complaint are admitted. WHERFORE, defendant demands that the complaint be dismissed and that judgment be entered against the plaintiff and in favor of the defendant. Count 2 — Breach of Contract 23. Defendant incorporates by reference his responses to the averments of,Count 1,of plaintiff's complaint, paragraphs' one through twenty -two inclusive, as fully as if set forth herein at length. 24. The averments of this paragraph of plaintiffs' complaint are admitted. 25. The averments,of this paragraph of plaintiffs' complaint are admitted. 26. The averments of this paragraph of plaintiffs' complaint are denied. The subject agreement does not provide that defendant's monthly payments were to be $555.97. On the contrary, the only inference that can be made from the agreement itself is that the monthly payments were to be $400.00. per month, which defendant was told would cover the mortgage and insurance. The agreement provides that in addition to those monthly payments, defendant was to pay the real estate taxes and maintenance costs. 27. The averments of this paragraph of plaintiffs' complaint are denied. To the contrary, defendant has made all required payments on the premises through March, 2014. Accordingly, defendant is not in breach of the agreement. 28. The averments of this paragraph of plaintiffs' complaint are denied. To the contrary, defendant has made all required payments on the premises through March, 2014. Accordingly, plaintiff has suffered no damages. 29. The averments of this paragraph of plaintiffs' complaint are denied. To the contrary, provided defendant continues to make payments on the mortgage, insurance, and taxes, and maintains the premises, plaintiff will suffer no damages. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered against thaplaintiff, and in favor of the defendant. NEW MATTER 1 30. Defendant incorporates by reference his responses to the averments of Count 1 and ‘, • Count 2 of plaintiff's complaint, paragraphs one through twenty-nine inclusive, as fully as if set forth herein at length. 31. At the time the subject agreement was executed, plaintiff was not present and-not a participant in any discussions held at that time in that the agreement was executed on his behalf by his agent, Margaret M. Gipe. 32. At the time of the execution of the agreement, defendant was told that his payment requirement was $400 per month, which would cover the mortgage payment and homeowner's insurance premiums. He was also to pay the real estate taxes when they became due and to pay any maintenance expenses for the premises. 33. Defendant has continued to make payments of $400 per month through March, 2014, - as well as to pay any real estate tax bills presented to him and to maintain the premises. 34. Defendant requested receipts for his monthly payments, but plaintiff has refused to provide receipts and, in fact, has stated under oath that he was not required to document defendant's,payments to him. 35. Defendant believes and therefore avers that the primary reason for plaintiff's legal action is plaintiff's desire to permit his other son to take possession of the property in direct contravention of defendant's rights under the subject agreement. 36. The averments of default contained in ,plaintiff'szomplaint are false, arbitrary, and capricious, forming the basis for a claim of malicious prosecution of defendant by plaintiff such that defendant should be awarded reimbursement of his attorney fees and costs in defense of this action. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered against the plaintiff and in favor of the defendant. COUNTERCLAIM 37. Defendant incorporates by reference his responses to the averments of Count 1 and Count 2 of plaintiff's complaint, paragraphs'one through twenty -nine inclusive, and the averments of his new matter above, paragraphs thirty through thirty -six inclusive, as fully as if set forth herein at length. 38. Plaintiff's litigation in this matter is arbitrary and capricious and defendant believes and therefore avers that as such it forms the basis for a claim of malicious prosecution. 39. As a result of plaintiff's arbitrary, capricious, and malicious lawsuit against the defendant, defendant has been required to expend substantial sums and will continue to do so in order to defend his rights and equitable property interests in this matter. WHEREFORE, defendant demands that the complaint be dismissed, that judgment be entered against the plaintiff and in favor of the defendant, and that plaintiff be required to reimburse defendant for his attorney fees and costs in the defense of his action. April ( &, 2014 Harold S. Irwin, III. Attorney for Defendan 64 South Pitt Street Carlisle, PA 17013 717- 319 -7560 Supreme Court ID No. 29920 VERIFICATION I hereby state that I am the defendant in this action and that the facts and information set forth in the foregoing answer, new matter, and counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. April fW, 2014 NNDALL E. BREAM``'- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants' Answer and New Matter upon plaintiffs counsel by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: MARK F BAYLEY ESQ BAYLEY & MANGAN 17 W SOUTH ST CARLISLE PA 17013 April ''i 2014 HAROLD S. IRWI III Attorney for Defen ants 64 South Pitt Street Carlisle, PA 17013 717- 319 -7560 Supreme Court ID No. 29920 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter default judgment for ejectment with regard to the above captioned matter against the defendants, Randall Eugene Bream and Occupants of 215 Meadows Road, Newville, PA 17241. Kindly enter default judgment against the defendant, Randall Eugene Bream, with regard to the above captioned matter in the amount of $4,725.61. Undersigned counsel hereby certifies and verifies, subject to 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities, that a written notice of intention to file the within praecipe was mailed to defendants on April 8, 2014 (a copy of said notice and enclosure letter is attached as "Exhibit A ") and to Randall Eugene Bream's counsel of record on the Magisterial District Court docket (Daniel Louis Puskar, Esquire) (a copy of said notice and enclosure letter is attached as "Exhibit B ") pursuant to Pa.R.C.P. 237.1, 1037 and other applicable rules of procedure. Original service of plaintiffs appeal was made by certified mail in accordance with Pa.R.C.P.M.D.J. 1005 (mailing receipts were made part of the record on March 7, 2014); service of plaintiffs Complaint was made by r.� -17 r= CD ..L. -7 CD —T! 4io,d J��.✓ ok- 36/42 1Z Aso «63 C# (--c-Yo First Class Mail on March 17, 2014 in accordance with Pa.R.C.P.M.D.J. 1005 (see March 17, 2014 enclosure letter attached as "Exhibit C "). g -- z 1 -- H Respectfully submitted, BAYLEY & I ' GAN Mark F. Bayley, ` squire 17 West South Street Carlisle, PA 17013 (717) 241 -2446 Supreme Court I.D. #87663 Bayley 86 Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire Telephone: (717) 241 -2446 John J. Mangan, 111, Esquire - Fax: (717) 241 -2456 Brian 0. Williams, Esquire Connie J. Gibson, Secretary April 8, 2014 Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 RE: Bream vs. Bream, et al. — Default Dear Randall Eugene Bream and Occupants of 215 Meadows Road, Newville, PA 17241: See enclosed document entitled "IMPORTANT NOTICE." enclosure cc. Daniel Louis Puskar, Esq. Sincere y, Mark F. Bayley, Esquire Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 To: Defendants Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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. DATE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ( BAYLEY & MANGAN ark F. Bayley, 'squire 17 West South Street Carlisle, PA 17013 (717) 241 -2446 Supreme Court I.D.# 87663 Bayley 86 Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire Telephone: (717) 241-2446 John J. Mangan, Ill, Esquire Fax: (717) 241-2456 Brian 0. Williams, Esquire Connie J. Gibson, Secretary April 8, 2014 Daniel Louis Puskar, Esquire 129 S. Pitt Street Carlisle, PA 17013 RE: Bream vs. Bream, et al. — Default Dear Daniel: See enclosed document entitled "IMPORTANT NOTICE." Mark F. Bayley, Esquire enclosure cc. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 Randall Eugene Bream and • Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 To: Defendants Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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. DATE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 BAYLEY & Mark F. Bayley, Esqui 17 West South Street Carlisle, PA 17013 (717) 241 -2446 Supreme Court I.D.# 87663 Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire John J. Mangan, III, Esquire Brian 0. Williams, Esquire Connie J. Gibson, Secretary March 17, 2014 Daniel Louis Puskar, Esquire 129 S Pitt Street Carlisle, PA 17013 Re: Bream v. Bream — 2014-1392 Dear Attorney Puskar: Telephone: (717) 241-2446 Fax: (717) 241-2456 Enclosed is a Notice to Defend along with a Complaint that was filed with the Cumberland County Prothonotary on March 18, 2014 with regards to the above matter. Enclosure /mfb/CJG/ Sincerely, Mark F. Bayley, E EXHIBIT Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014 -1392 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Randall Eugene Bream and Occupants of 215 Meadws Road Newville, PA 17241 Daniel Louis Puskar, Esq. 129 South Pitt Street Carlisle, PA 17013 Mark F. Bayley, Esquire BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 Jacob Bream Plaintiff vs. FILED -OFFICE OF THE PROTHONOTARY 2@i4 MAY -7 PM 2: 58 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM 30. No response necessary. 31. Admitted. 32. Denied. By way of further answer the Plaintiff was not a party to the alleged discussion and therefore cannot confirm what was said; strict proof is therefore demanded at trial. 33. Denied. 34. Denied. The Defendant never requested receipts with regard to the six payments that he made; had he done so they would have been provided. 35. Denied. 36. Denied. 37. No response necessary. 38. Denied. 39. Denied. WHEREFORE, Plaintiff requests that Defendant's Counterclaim be dismissed. Respectfully submitted, Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. 2ob Bream O. fiDrLai_Ais," Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: 6--i-N Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Mark F. Bayley, Esquire Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 PRAECIPE FOR WITHDRAW OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Xam t CO W tV Kindly withdraw default judgment for ejectment with regard to the above captioned matter against the defendants, Randall Eugene Bream and Occupants of 215 Meadows Road, Newville, PA 17241. Kindly withdraw default judgment against the defendant, Randall Eugene Bream, with regard to the above captioned matter in the amount of $4,725.61. SI- 1 - 1�( Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Randall Eugene Bream and Occupants of 215 Meadows Road Newville, PA 17241 : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2014-1392 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: S -7-1L-1 Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Mark F. Bayley, Esquire PRAECIPIE FOR LISTING CASE FOR NON JURY TRIAL"' |1i U|N 13 PH | : 13' CUMBERLAND COUNTy (Must be typewritten and submitted in triplicate) PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. ------'--------'-----------------------------'-----------'-----'-------- [APT|ONOFCASE jemtirecaption must be stated in fu|ll (check one) FE-] Civil Action-Laxv Appeal from arbitration �-1 (other) Jacob Br88OO ` , (Plaintiff) No. 2014-1382 Civil Term VS. Randal Eugene Bre8rD and Occupants Of ^^ ' 215 Meadows Road hJeVVvi||e' PA 17241 (Defendant) VS. Indicate the attorney who will try case for the party who files this praecipe: Mark F Bayley, Esquire Indicate trial counsel for other parties ifknown: Harold S. |mViO. U[ Esquire 14 A This case is ready for trial. Signed: �—/ 1—/ Print Name: Mark F. Bayley/, Esquire Date: 6-12-14 Attorney for: Plaintiff � Jacob Bream : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 2014-1392 Randall Eugene Bream and Occupants of 215 Meadows Road : CIVIL TERM Newville, PA 17241 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Mark F. Bayley, Esquire JACOB BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW RANDAL EUGENE BREAM : And OCCUPANTS OF 215 MEADOWS ROAD, • NEWVILLE, PA 17241 • Defendants : NO. 14-1392 IN RE: NONJURY TRIAL AND NOW, this 20th day of June, 2014, a pretrial conference in this case is scheduled for Monday, August 18, 2014, at 11:00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by each party in accordance with the local Cumberland County Rules of Procedure 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in this case is scheduled for Thursday, September 25, 2014, at 9:30 am., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 01764( Christ ee L. Peck, J. •-• '<a:c F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff S. Irwin,Irwin, III, Esq. 64 South Pitt Street rn •- I— Carlisle, PA 17013 Attorney for Defendant c-, Court Administrator bacc_cLi„.)' r:9 477. --• :rc ell es, fit Lk_ JACOB BREAM, •IN THE COURT OF COMMON PLEAS OF Plaintiff •CUMBERLAND COUNTY, PENNSYLVANIA c 7 V. ri CIVIL ACTION - LAW rn RANDAL EUGENE BREAM Gor- AND OCCUPANTS OF -<> 215 MEADOWS ROAD, < CD NEWVILLE, PA 17241 • Defendants : 14-1392 CIVIL TERM IN RE: PRE-TRIAL CONFERENCE FOR NON -JURY TRIAL r�-71 -- c a ORDER OF COURT AND NOW, this 18th day of August, 2014, this being the time and place set for pre-trial conference, and the parties having indicated at this time that they have not been able to engage in conversation yet for settlement of this case, and defense counsel, Harold S. Irwin, III, having indicated that his client has made payments in full as to what the Plaintiff is claiming is owed to him, and the Defendant having indicated that he may possibly have some documentation regarding money orders as proof of payment, and the Plaintiff having indicated that his client believes that no payments have been made as of this time, it is hereby ordered that the Defendant is to turn over to the Plaintiff any documentation that he has as proof of payments made within two weeks of the date of this Order. If the Plaintiff has any discovery or has any exhibits that they will also be introducing at trial,. the Plaintiff is ordered to do reciprocal discovery within three weeks of the date of this order. The parties are directed to appear for a non -jury trial on Thursday, September 25, 2014, at 9:30 a.m. in Courtroom No. 5. The non -jury trial shall last no more than a half day. By the Court, Ch , 090— ris ylee L. Peck, J. ✓Mark F. Bayley, Esquire For the Plaintiff - ./Harold S. Irwin, III, Esquire For the Defendants pcb JACOB BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RANDALL EUGENE BREAM and Occupants of 215 Meadows Road Newville, PA 17241 Defendant : NO. 2014-1392 CIVIL TERM IN RE: NON -JURY TRAIL ORDER OF COURT AND NOW, this 25th day of September, 2014, this being time and place set for an non -jury trail in this matter, and following a hearing, the evidence is deemed closed and this matter is taken under advisement. By the Court, 1/6q" Chras ylee L. Peck, J. ,--Mark F. Bayley, Esquire For the Plaintiff ----Harold S. Irwin, II, Esquire For the Defendant pcb eXpieeS Phar,Ved q/atibil /WI JACOB BREAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW RANDAL EUGENE BREAM And OCCUPANTS OF 215 MEADOWS ROAD, NEWVILLE, PA 17241 Defendants : NO. 14-1392 IN RE: NONJURY TRIAL AND NOW, this 31st day of October, 2014, following a nonjury trial held on September 25, 2014, the Court hereby finds in favor of the Plaintiff and hereby enters the following order: 1. Plaintiff's action in ejectment is granted. Defendant is ordered to vacate the premises at 215 Meadows Road, Newville, PA 17241 within 45 days of this Order; and 2. Judgment is entered in favor of the Plaintiff for Defendant's breach of contract in the amount of $6,500.00, plus an additional $450.00 per month until the Defendant vacates the premises, said monthly amount to be prorated according to the date the Defendant leaves the premises. BY THE COURT, /r/9< Chri ylee L. Peck, J. Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff C w.a Harold S. Irwin, III, Esq. ;, ;;� n._ 64 South Pitt Street = rri CD "r, Carlisle, PA 17013 � c:.) cp 1 Attorney for Defendant .� — Court Administrator _ ? l 1:0 -YtL . c, = ,` ' :rc ' acYpl'es• /12---i'LL // 3//q - =P?