HomeMy WebLinkAbout14-3341 UE
Timothy B. Anderson(PA 54034)
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP 1 �+jai —3 A j i lx
100 Market Street, Suite 200
Post Office Box 1181urlt0
Harrisburg,PA 17108-1181 paiNSYLVANIA
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT FOR POSSESSION
VS.
NO. !4- '63q1 a
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
CONFESSION OF JUDGMENT FOR POSSESSION
Pursuant to the authority contained in the warrant of attorney, the original or a copy
of which is attached to the complaint filed in this action, I appear for the Defendant Douglas W.
Statler, and confess judgment in ejectment in favor of the Plaintiff Valley Quarries, Inc., and
against the Defendant Douglas W. Statler for possession of the real property described as
follows: the former equipment repair garage at the prior location of the Valley Transit Mix off
of Garfield Street in Shippensburg, Cumberland County, Pennsylvania 17257.
(�- ('�
TI O Y B. ANDERSON (PA 59891)
JU G. WEBER(PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 (fax)
ITY
andersont@pepperlaw.com 01°'O° A
weberjg@pepperlaw.com Cad 3i
Attorneys for Plaintiff ���� �
Date: June 2, 2014 Valley Quarries, Inc.
004CL "o"Jea
Timothy B.Anderson(PA 54034)
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP1 �' ^ l l; i.
100 Market Street, Suite 200 ` 1 jUi l !3
Post Office Box 1181 CUMBE1;I_pviD cNINTY
Harrisburg,PA 17108-1181 PEKNsWik\N'A
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT FOR POSSESSION
VS.
NO. 14— 3:5qj OIVIATev"
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION
Plaintiff Valley Quarries, Inc. ("Valley Quarries"), by and through its undersigned
attorneys, files this complaint against Defendant Douglas W. Statler("Defendant"), and alleges
as follows:
PARTIES
1. Valley Quarries is in the business of selling stone and other items and has
an office located at 297 Quarry Road, P.O. Box 2009, Chambersburg,Franklin County,
Pennsylvania 17201.
2. Defendant is an adult individual with a last known address of 42 Jumper
Road, Shippensburg, Franklin County, Pennsylvania 17257.
INSTRUMENT
3. On or about February 1, 2012, Defendant and Plaintiff entered into an
agreement whereby Defendant executed and delivered to Plaintiff a Lease Agreement for the
monthly payment of the amount due ("Lease Agreement").
4. In the Lease Agreement, Plaintiff, in consideration of the monthly
payment, leased to Defendant the premises situate in the County of Cumberland described as
"the former equipment repair garage at the prior location of the Valley Transit Mix off of
Garfield Street in Shippensburg, Pennsylvania, leased space to be limited to four(4) bays"to be
used for storage and mechanical work of a non-commercial nature and for no other purpose
("Leased Premises"). A true and correct copy of the Lease Agreement and the Addendum to
Lease Agreement are attached hereto as Exhibit A.
DEFAULT
5. The Lease Agreement required Defendant to make payments to Plaintiff in
monthly installments commencing February 1, 2012.
6. Defendant has failed to pay Plaintiff the monthly installments since
September 2013 and Defendant owes Plaintiff in excess of$3,400.00.
7. To the date of this Complaint, despite demands by Plaintiff, Defendant has
failed to pay the outstanding amounts due to Plaintiff, thereby constituting a default.
8. In the Lease Agreement, Defendant authorized"the Prothonotary or any
attorney of any court of record"to "appear for and confess judgment in ejectment . . . for the
leased premises."
9. Plaintiff is entitled to immediate possession of the Leased Premises.
-2-
JUDGMENT NOT BEING ENTERED AGAINST A NATURAL PERSON
IN CONNECTION WITH A RESIDENTIAL LEASE
10. The judgment is not being entered by confession against a natural person
in connection with a residential lease.
NO ASSIGNMENT OF THE INSTRUMENT
NO PRIOR ENTRY OF JUDGMENT ON THE INSTRUMENT
11. The Lease Agreement was not previously assigned.
12. Judgment for Possession has not been entered on the Lease Agreement in
any jurisdiction.
INSTRUMENT NOT MORE THAN TWENTY YEARS OLD
13. Defendants executed the Lease Agreement less than twenty years ago.
DEMAND FOR JUDGMENT IN EJECTMENT
WHEREFORE, as authorized by the warrant contained in the Lease Agreement,
Plaintiff demands judgment for possession of the Leased Premises and Attorney's commission of
$100.00,which sum shall be collected as rent due.
TI HY B. ANDERSON (PA 54034)
JUSTIN G. WEBER(PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 fax
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorneys for Plaintiff
Dated: June 2, 2014 Valley Quarries, Inc.
-3-
EXHIBIT A
LEASE AGREEMENT
MADE THIS first day of February,2012 , by and between Valley Quarries.Inc.,P.O.
Box 2009,Chambersburg,PA 17201-0809(hereinafter called Lessor),and Douglas W.Statler.
42 Jumper Rd., Shippensburg,PA 17257, (hereinafter called Lessee).
WITNESSED,that Lessor,in consideration of the rents and covenants hereinafter
mentioned,hereby leases unto Lessee, the premises situate in the County of Franklin. and/or
Cumberland ,and Commonwealth of Pennsylvania,described as follows:
The former Wuippient repair garage at the-prior location Qf the L9_1q,Tansi ,A4
i Ix offof
Garfield Street In Shippensburg,PA. L-eased space to be liml ed1q four(4)buys.
to be used for storage_and mechanical work of a non coTru-nercial nature and for no other purpose,
beginning on the I"day of Febru 2012, and ending on the last day of January 2013
CONSIDERATION OF WHICH,the Lessee agrees to pay to Lessor, the sum of
500.00 ars, payable as follows:
Payable in advance on the 30' day of each month while this Lease remains in effect as
renewed monthly.
F Urt m
, 10
rthermore,a security deposi500.00 be due and payable along with the first
months.rent upon execution of this lease.,
AS A FURTHER CONSIDERATION,for the use and occupancy of said premises,the Lessee hereby
agrees to faithfully keep and be-bound by the following covenants,conditions and agreements:
t. The prethises are to be kept and maintained by Lessee in as good repair and condition as at present and
at the expiration of this lease they are to he surrendered in like repair and condition,except foe ordinary wear and
tear and damage,by accidental fire or other casualty not due to negligence of Lessee or those acting for or employed
by Lessee. If the Lessee fails to make the necessary repairs or restoration,Lessor may,but need not,make repairs
and collect the cost as rent due, Alterations are prohibited unless approved in writing by Les.-Or.
2. The premises are to be kept in a clean and sanitary condition and all ashes,trash and pubage which
may accumulate thereon,as well as snow on sidewalks,shall be removed,and in case of failure to remove the same,
the Lessor may collect as rent due double the cost of removal.
3. The Lessee shall and will pay for water,electricity,gas or other services for the use of the said
premises,as the same shalt become due,during the term of this lease agreement or any renewal thereof unless
otherwise provided herein,and on failure to pay for such services when due,the Lessor may pay for such services
and collect the same from the Lessee as rent due.
4, The Lxsscc agrees to obey all regulations of Lessor which Lessee is given written notice of before the
execution of t1iis agreement by Lessee.
5. Neither the whole nor any portion of the said premises shall be sublet not shall this lease or any interest
thereon be assigned or mortgaged by the Lessee.
w,
d. Nothing shall be done upon said premises contrary to the'conditions of the policies of insurance upon
the buildings thereon,whereby the hazard,may be increased or the insurance invalidated.
7. .No business contrary to any governmental laws,regulations or ordinance shall at any time be conducted
on the premises. Lessee agrees that Lessor has no responsibility for determining that Lessee's use is permitted by
zoning or otbcr governmental requirements.
8. The Lessor expressly reserves the right to enter upon the pretnises at reasonable times for the purpose
of making necessary inspections,repairs,or to show the same to prospective purchasers or lessees,and may display
"For Sale"or"For Rent"cards thereon.
9. to the event of fire or other casualty not due to the negligence of Lessee or his servants,'Lessor may,at
his option(a)abate the rent for the portion of the premises unfit for Lessee's use and repair the damage,or(b)
terminate the lease.
10. 1n the event the premises or any part thereof are taken or condemned for public or quasi public use,this
lease shall,as to the part so taken,terminate as of the date title shall vest in the condemnor. The Lessee waives all
claims against the Lessor by reason of the complete or partial taking of the premises and waives all right to
participate in any award other than damage specifically allowed Lessee under the Eminent Domain Code of
Pennsylvania_ if only part of the premises arc taken,the rent shall abate for the portion so taken,or,at Lessors
option,the entire lease may terminate.
11. This lease is subordinate to mortgages and other encumbrances now on the premises,as well as any
leas or arrangement whereby Lessor is in control of the premises and Lessee agrees,if Lessor's control shall
terminate,this lease shall terminate,and Lessee waives all claims because of such termination. The,Lessee agrees,
at lessor's request,to execute subordination agreements to implement or confirm this subordination.
1.2. if default shall be made in the payment of any part of the said refit after the same becomes due,or in
case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement,
the entire rent reserved for the full teras of this lease remaining unpaid shall become due and payable at once and
may forthwith be collected by distress or otherwise,and at the same time the Lessor may forfeit.and annul the
unexpired portion of this.lease and enter upon and repossess the said premises with or without process of law,and
without giving any notice whatsoever. Payment of rent in arrears shall not,as Lessor's option,avoid forfeiture. The
Lessee waives the usual notice to quit and agrees to surrender,without any notice whatsoever,at the expiration of
said term or termination of this lease as provided herein.
'13. in the event of any default,the Lessor,or anyone acting on Lessors behalf,may,without notice or
demand,enter the premises,breaking open locked doors if necessary,without liability for prosecution or damages
for such entry or for the manner thereof,for the purpose of distraining or levying and for any other purposes and
take possession of and sell all goods at auction after three days notice served in person on the Lessee or left on the
premises,and pay the Lessor out of the proceeds. The removal of any goods from the premises,whether by day or
by night,without the written consent of lessor,shall be deemed a clandestine and fraudulent removal and such
goods shall remain subject to distress for a period of ninety(90)days after such removal,wherever they may be
found.
14. 11 is further agreed,that if the Lessee shall become insolvent,.make an assignment for the benefit of
creditors,commit any act of bankruptcy,file a voluntary petition in bankruptcy,or if any judgment shall be entered
or an involuntary petition in bankruptcy filed against the Lessee,all the rent reserved for the full term of this lease
shall become due and collectible,immediately by distress or otherwise,at Lessors option.
15. The Prothonotary or any attorney of any court of record,is hereby authorized to appear for and confess
judgment against the Lessee and'in favor of the Lessor for the whole of said rent,as bereinbefore set forth,with
,costs,and.attorney's commission of fifteen(15%)per cent,or one hundred($100.00)dollars,whichever is greater,
waiving all rights to strike or open judgment as well as any affidavit of non-military service and further waiving any
exemption. The•Lessee waives all notice of levy as well as rights to release from levy of any and all real and
personal property levied upon attached. The Lessee further waives all defects or irregularity in the writ of
execution,levy,or service,as well as all legal and equitable grounds for stay or setting aside of execution. The
Lessee agrees that the cost of any bond or security required by the Sheriff for retaining possession of and preserving
property of the Lessee that has been levied upon shall be taxed as costs. Any cost of moving,selling or storing
levied property,removed under a writ of possession,may,at the option of the Lessor,.be collectible as rent due. The
Lessee also waives all notice of sale and a1I rights to set aside any Sheriff s or executing officer's sale,or make
exception to any Sheriffs or executing officer's distribution. Judgment may be confessed,as aforesaid, from time to
time,and such power may be exercised after expiration of the lease and during any extension of the lease or renewal
of this lease. The Lessee waives all requirements of notice of distress and all remedies set forth iti the Landlord and
Tenant Act of 1951,or any successor Act of.Assembly,as well as all rights to replevin,appeal or writ of certiorari,
Lessee further waives the benefit of all appraisentefit;stay and exemption laws and all bankruptcy or insolvency
laws now in force or hereafter passed. Lessee releases Lessor from damages for wrongful entry of judgment,
distraint or errors.
16. Upon the breach of any of the covenants or agreements of this lease,or upon its termination by
forfeiture,default or expiration,the Prothonotary or any attorney of any court of record,is hereby authorized to
appear far the Lessee and to confess judgment in ejectment against the Lessee and in favor of the Lessor for the
leased premises,and the Lessee further authorizes the immediate.issuance of a writ of possession,or,by a Justice of
the peace,an order of possession,waiving anynotice:,hearing,stay of execution or setting aside of execution based
on exemption,immunity,or any act of congress or assembly,as well as any defects in the order,writ,or service and
any other legal or equitable grounds and further expressly waives all notice.to remove. Should judgment in
ejectment be confessed against the Lessee,the Lessee agrees to pay.Lessor an attorney's commission of$100.00,
which sutra may be collectible as rent due.
17. Acceptance by the Lessor of any of the said rent at anytime after the same shall become due,after
default has been made in the payment thereof,or any failure to enforce any of the rights herein reserved to Lessor,or
any of the penalties,forfeitures or conditions herein contained,shall not in any way be considered a waiver of the
right to enforce the same,at any time,without any notice whatsoever,and any attempt to collect the rent try one
proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding,but all of the
rights of the Lessor and all forfeitures,penalties,and conditions may be enforced,together or successively at the
option of the Lessor.
18. it is further agreed that the terms and conditions of this agreement shall in no way be changed or
altered except by a writing signed by all the parties hereto. if this agreement is executed by Lessor's agent;Lessee
waives any requirement that such agent's authority be in writing.
19.. If the Lessee shall continue in possession of the premises after the expiration of the term of this lease,
at the option of the Lessor,such holding over maybe held and deemed a renewal of this agreement for another like
term,the same as though a new agreement,identical with this,had been executed and delivered by the parties hereto
for a succeeding term.
20. "l'he conditions of this agreement shall extend to the adininistrators and executors of all the parties
hereto.
IN WITNESS WHEREOF,the parties hereto,intending to be legally bound.,have
hereunto set their hands and seals the day and year first above written.
Attest: VALLEY QUARRIES,INC.
I d- � by (Seal)
Attest: Lessee:
AGREEMEW—T nd Use Indemnification eemeti't
'This Agreement,.mtcrcd into this 1st day of February 2012,between Douglas.W.Statler,42 Jumper St.,
Shippensburg,PA 17257("Licensee)and Valley Quarries,Inc. ('Ouxter'),Witness to:
Whereas Licensee has requested permission to visit or otherwise utilize the property of Owner and Owner
agrees to allow Licemsce to visit./utilize Owner's property located at 24 Garfield Street, Shippensburg, PA
C'Owner's Property') for the following purposes only storage and mechanical work of a non commercial
nature and under the contlitions set forth in this Agreement.
Now therefore,in consideration of allowing Licensee to utiluc Owner's property, Licensee shall indemnify
and hold harmless Own"" and its agents and employees from and against all claims, damag s, losses and
expenses includuag attorney's fees arising out of or resulting from the use of Owner's property,provided that
any such claim, damage, loss or expense (a) is attributable to bodily injury,sickness, disease or death, or to
iol
njury or destruction of tangible property including the loss of use resulting therefrom, and (b) is caused in
whole or part by an act or omission of Licensee, anyone directly or indirectly employed by any of them or
anyone for whose acts.any of them may be liable, regardless of whether or not it is caused in part by the
Owner. With regard to any claims against Owner,Ucensee agrees to waive any immunity or litnitation for
contribution or indemnification pursuant to any workers'compensation law or other similar law.
It is further agreed that licensee is solely and exclusively responsible for the performance of all aspects of the
activities involved in this Agreement and exclusively responsible far safety involving said activities. Licensee
agrees to comply with ail local, state and Federal lawn during the performance of said activities. licensee
agrees that it is performing said activities exclusively pursuant to Licensee's sole judgment. Licensee agrees
that Owner has made no representations concerning its property or the suitability of the property for
Licensee's activities. licensee agrees to exclusively perform all inspections necessary to assure Ownees
property is safe for Licensee's activities. L icetisee agrees that Owner has made no representations:regarding
the Owner's property or the use of said property and Licensee further, agrees that use of Owner's property is
permitted based upon Licensee's agreement to be solely and exclusively responsible for the condition of
0-wncr's prop" and its use for the activities by Licensee. Licensee further agrees that it will not enter
Owner's property or utilize Owner's property for any activity other than the activity identified in this
Agreement and Licensee agrees that Licensee is .a trespasser for anv use or activity not identified in this
Agreement,
licensee agrees to furnish proof of the attached Insurance Requirements including adding Owner as an
additional insured on all liability policies' on a primary and .non-contributory basis with the exception of
Workers'Compensation.Licensee agrees that failure tomeet the insurance requirements constitutes a breach
of this Agreement and any permission granted will be considered revoked.
IN W171N.ESS WI-I:F?REOF,die parties hereto have set their,hands and seals the day and year first above
written.
Br
\k fitness licensee
f J a Br.
Date vcncr
Revised 05/09
ADDENDUM
TO
LEASE AGREEMENT
MADE THIS first day of February , 2012 ,by and between Valley Quarries, Inc.,P.O.
Box 2009, Chambersburg, PA 17201-0809 (hereinafter called Lessor), and Douglas W. Statler,
42 Jumper Rd., Shippensburg, PA 17257, (hereinafter called Lessee).
WITNESSED,that Lessor, in consideration of the rents and covenants hereinafter
mentioned, hereby leases unto Lessee,the premises situate in the County of Franklin and/or
Cumberland , and Commonwealth of Pennsylvania,described as follows:
The former equipment repair garage at the prior location of the Valley Transit Mix off of
Garfreld Street in Shippensburg. PA. Leased space to be limited to four(4) bays.
to be used for storage and mechanical work of a non commercial nature and for no other purpose,
beginning on the I"day of February , 2012 , and ending on the last day of January, 2013 .
IN CONSIDERATION OF WHICH,the Lessee agrees to pay to Lessor, the sum of
500.00 dollars, payable as follows:
Payable in advance on.the 30'h day of each month while this Lease remains in effect as
renewed monthly.
Furthermore, a security deposit of$500.00 shall be due and payable along with the first
months rent upon execution of this lease .
(Originally Signed: January 31, 2012)
Now therefore, Prior to the expiration of the initial term, Lessor does hereby give notice to
lessee of their intent to not renew said lease for a second like term. Any future renewal
shall be conditioned on full payment of rent due lessor within 30 days of the signing of this
instrument.
Leesee: Valley Quarries, Inc.: Date:
_ c /
VERIFICATION
I, Randal L. Van Scyoc,hereby state that I am Vice President for Valley Quarries,
Inc., and am authorized to make this verification on its behalf. I verify that the statements made
in the foregoing document are true and correct to the best of my knowledge, information and
belief.
I understand that the statements in the foregoing document are made subject to the
penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities.
t
DATED: Mayer, 2014
Randal L. Van Scyoc
CERTIFICATE OF SERVICE
I hereby certify that on June 2, 2014, I served a copy of the foregoing document
upon defendant by United States mail, first class postage prepaid, addressed as follows:
Douglas W. Statler
42 Jumper Road
Shippensburg, Pennsylvania 17257
Just' . Weber(PA 89266)
t iLt J--y" i
Timothy B.Anderson(PA 54034) 111jC7P ROTH 0 a't O 4
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP 20 i 11 JLRi -3 A91 11: 1:I 1
100 Market Street, Suite 200
Post Office Box 1181 CUMBERLAND GQUNW-1'
Harrisburg,PA 17108-1181 PENNSYLVANIA
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION-CONFESSION OF
JUDGMENT FOR POSSESSION
vs.
NO. l�I - �3�f iv►lTTert�
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
AFFIDAVIT OF NON-MILITARY SERVICE
1. I am a competent adult and an attorney duly admitted to the Bar of the
Supreme Court of the Commonwealth of Pennsylvania,having Attorney Identification Number
89266.
2. Based upon a search of Defendant's name, as of May 19, 2014 ("Active Duty
Status Date"), there is no information in the Department of Defense Manpower Data Center which
indicates the individual is in Active Duty Status.
TIVG.
Y B. ANDERSON (PA 59891)
JU WEBER(PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 (fax)
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorneys for Plaintiff
Valley Quarries, Inc.
Sworn to and subscribed
Before me this 2"d day of
June, 2014.
Notary Public
My Commission Expires:
NOTARIAL SEAL
PAMELA K.BISHOP,Notary Pubk
Ody of Harrisburg,Dauphin County
My Commission Expires June 5,2015
Timothy B.Anderson(PA 54034) j"I ;= P`�t E' i(1 y,y
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLPG
100 Market Street, Suite 200 `` �j 3 Ill: C
Post Office Box 1181 CUMBERLAND COUNTY
Harrisburg,PA 17108-1181 PENNSYLVANIA
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT FOR POSSE/S�SION
VS. NO. 1 ) tv l (em
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
NOTICE UNDER RULE 2973.3 OF JUDGMENT
AND EXECUTION THEREON
Notice of Defendant's Rights
TO: Douglas W. Statler
42 Jumper Road
Shippensburg, Pennsylvania 17257
A judgment for possession of real property has been entered against you and in favor
of plaintiff without prior notice and hearing based on a confession of judgment contained in a
promissory note or other document allegedly signed by you. The Court has issued and the Sheriff has
served a writ of possession which directs the Sheriff to remove you from possession of the real
property.
You may have legal rights to defeat the judgment or to prevent your being removed
from the property or to regain possession of the property if you have been removed, if you did not
voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior
to the entry of judgment or if you have defenses or other valid objections to the judgment. ANY
PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST
BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity for a
hearing, you have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of the
judgment. If you wish to exercise this right, you must immediately fill out and sign the request for
hearing which accompanies the writ of possession and deliver it to the Sheriff of Franklin County at
157 Lincoln Way East, Chambersburg, Pennsylvania 17201.
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.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Pennsylvania Bar Association
100 South Street, P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375 (PA only) or(717) 238-6715
Q� &et—
TI - HY B. ANDERSON (PA 54034)
JUSM G. WEBER(PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
Post Office Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorney for Plaintiff
Dated: June 2, 2014 Valley Quarries, Inc.
Timothy B.Anderson(PA 54034)
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP
100 Market Street, Suite 200
Post Office Box 1181
Harrisburg,PA 17108-1181
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION-CONFESSION OF
JUDGMENT FOR POSSESSION
vs.
NO. i+- -33gf awiFRerm
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
NOTICE OF ENTRY OF JUDGMENT FOR POSSESSION
TO: Douglas W. Statler
42 Jumper Road
Shippensburg, PA 17257
Pursuant to the requirements of Pa. R. C. P. No. 236, you are hereby notified that on
LM e, -3 , 2014,judgment was entered against you for possession of the premises
described as the former equipment repair garage at the prior location of the Valley Transit Mix off
of Garfield Street in Shippensburg, Cumberland County, Pqj t Sylvania 17257 and costs of suit.
Date: - 1,013114
Counsel for Plaintiff certifies that that name and address of the proper party/person to receive this
notice is:
Douglas W. Statler
42 Jumper Road
Shippensburg, PA 17257
Timothy B.Anderson(PA 54034) i
Justin G. Weber(PA 89266) 2014 BN —3 AM H:: L
PEPPER HAMILTON LLP
100 Market Street, Suite 200 CUMBERLAND COUNTY
Post Office Box 1181 PENNSYLVANIA
Harrisburg,PA 17108-1181
(717)255-1155 Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries, Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT FOR POSSESSION
vs. �;V;1 errl
DOUGLAS W. STATLER
ailppe4l louts,PA Defendant JURY TRIAL DEMANDED
17a��
PRAECIPE FOR WRIT OF POSSESSION UPON CONFESSED JUDGMENT
TO THE PROTHONOTARY: I
Please issue a writ of possession upon the judgment in ejectment entered by confession in
the above matter.
I hereby certify that the praecipe is based on a judgment entered by confession and that
Notice will be served pursuant to Rule 2973.3.
' ��t85oPp��l-y
TIM Y B. ANDERSON (PA 59891) Wo'00 CEW
JUSTIN G. WEBER (PA 89266) 4.50 Pp"
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 (fax)
andersont@pepperlaw.com a.a5 &W_0
weberjg@pepperlaw.com
Attorneys for Plaintiff
Date: June 2, 2014 Valley Quarries, Inc.
0 0113 14
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT FOR POSSESSION
VS.
NO.
DOUGLAS W TATLER
4A Jum"r 98
�h(ppensbug,PA Defendant JURY TRIAL DEMANDED
�'7a5
WRIT OF POSSESSION UPON CONFESSED JUDGMENT
TO THE SHERIFF:
To satisfy the judgment for possession of real property in the above-captioned
matter, you are hereby directed to remove Douglas W. Statler from possession of the real
property described as follows:
"the former equipment repair garage at the prior location of the Valley
Transit Mix off of Garfield Street in Shippensburg, Cumberland County,
Pennsylvania 17257."
04.50 Pp Ate/ BY THE PROTHONOTARY:
A.a.5bue0
MOO Q NV7�i�9wno
'yiJt Cl� r� y p`;
Timothy B. Anderson (PA i5404) i) 01.
Justin G. Weber (PA 89266) �R
PEPPER HAMILTON LLP JUN -14 fai
100 Market Street, Suite 200
Post Office Box 1181 CUMS.RLAR
U
Harrisburg, PA 17108-1181 PLL;NSYLl�CO
(717) 255-1155
(717)238-0575 Fax
Attorneys for Plaintiff
Valley Quarries, Inc.
VALLEY QUARRIES, INC.
Plaintiff
vs.
DOUGLAS W. STATLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — CONFESSION OF
: JUDGMENT FOR POSSESSION
: NO. 14-3341
: JURY TRIAL DEMANDED
AMENDED NOTICE UNDER RULE 2973.3 OF JUDGMENT
AND EXECUTION THEREON
Notice of Defendant's Rights
TO: Douglas W. Statler
42 Jumper Road
Shippensburg, Pennsylvania 17257
A judgment for possession of real property has been entered against you and in favor
of plaintiff without prior notice and hearing based on a confession of judgment contained in a
promissory note or other document allegedly signed by you. The Court has issued and the Sheriff has
served a writ of possession which directs the Sheriff to remove you from possession of the real
property.
You may have legal rights to defeat the judgment or to prevent your being removed
from the property or to regain possession of the property if you have been removed, if you did not
voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior
to the entry of judgment or if you have defenses or other valid objections to the judgment. ANY
PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST
BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity for a
hearing, you have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of the
judgment. If you wish to exercise this right, you must immediately fill out and sign the request for
hearing which accompanies the writ of possession and deliver it to the Sheriff of Cumberland County
at One Courthouse Square, Carlisle, Pennsylvania 17013.
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.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Pennsylvania Bar Association
100 South Street, P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375 (PA only) or (717) 238-6715
TI T Y B. ANDERSON (PA 54034)
JUS IN G. WEBER (PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
Post Office Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorney for Plaintiff
Dated: June 3, 2014 Valley Quarries, Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff � J�}'`
kEta�C Ira br,� { Hi. PRO T�}
I0NCD ft1f" s
Jody S Smith
Chief Deputy 7fl 1 Jj Mfi 25) Phi
Richard W Stewart
Solicitor rx, rr � UMBERLAND COUNTY
PENNSYLVANIA
Valley Quarries, Inc.
vs Case Number
Douglas W Statler 2014-3341
SHERIFF'S RETURN OF SERVICE
06/24/2014 06:56 PM- Deputy Noah Cline, being duly sworn according to law, served the requested documents:
Notice of Entry of Judgment for Possession
Amended Notice Under Rule 2973.3 of Judgment and Execution Thereon-Notice of Defendant's Rights
Praecipe for Writ of Possession Upon Confessed Judgment
Writ of Possession Upon Confessed Judgment
Petition to Strike Judgment- Request for Prompt Hearing
by"personally"handing a true and attested copy to a person representing themselves to be the Defendant,
to wit: Douglas W Statler at 42 Jumper Road, Hopewell Township, Shippensburg, PA, Cumberland
County.
NOAH CLINE, DEPUTY
SHERIFF COST: $154.16 SO ANSWERS,
June 25, 2014 RbNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Te!wsosoft,In-,
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
O±F.F; .E ,SF T} H IFF
HE PRO THQN31/ R'.°
2014 JUL 25 All 3fi
CUMBERLAND COUNTY
PENNSYLVANIA
Valley Quarries, Inc.
vs.
Douglas W Statler
Case Number
2014-3341
SHERIFF'S RETURN OF SERVICE
06/24/2014 06:56 PM - Deputy Noah Cline, being duly sworn according to law, served the requested documents:
Notice of Entry of Judgment for Possession
Amended Notice Under Rule 2973.3 of Judgment and Execution Thereon - Notice of Defendant's Rights
Praecipe for Writ of Possession Upon Confessed Judgment
Writ of Possession Upon Confessed Judgment
Petition to Strike Judgment - Request for Prompt Hearing
by "personally" handing a true and attested copy to a person representing themselves to be the
Defendant, to wit: Douglas W Statler at 42 Jumper Road, Hopewell Township, Shippensburg, PA ,
Cumberland County.
07/14/2014 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of
the premises described as "the former equipment repair garage at the prior location of the Valley Transit
Mix off of Garfield Street in Shippensburg, Cumberland County, Pennsylvania 17257."
SHERIFF COST: $154.16 SO ANSWERS,
July 24, 2014 RONNY R ANDERSON, SHERIFF
6 9 ?3a9
gilt 3 99'
(c) CountySui.o Sheriff, "i eleosott, inc.
Commonwealth of Pennsylvania
In the Court of Common Pleas of Cumberland County
AFFIDAVIT OF SERVICE
Valley Quarries, Inc.
vs.
Douglas W. Statler
Commonwealth of Pennsylvania
County of Dauphin ss.
CASE NO.: 14-3341
I, Timothy Hoot, a competent adult, being duly sworn according to law, depose and say that at 4:57P oris c`)
09/19/2014, I served Douglas W. Statler at 42 Jumper Road, Shippensburg, PA 17257 in the mart ser describe
below: 37
Co)
Defendant(s) personally served.
❑ Adult family member with whom said Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant(s) residence who refused to give name and/or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
a true and correct copy of Notice Under Rule 2958.1 of Judgment and Execution Thereon issued in the above
captioned matter.
Description:
Sex: Male - Age: 35 - Skin: White - Hair: Brown - Height: 6' 00" - 175
• Swo $Wo•and subscri ed biefore me on this
`/ day of SI iit� , 20/11
. NOTARY PUBLIC•
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Brittany Edcius, Notary Public
Lower Paxton Township, Dauphin County
My commission expires April 11, 2018
Timothy Hoot
Shinkowsky Investigations
PO Box 126538
Harrisburg, PA 17112
(800) 276-0202
Atty File#: - Our File# 34165
Law Firm: Pepper Hamilton, LLP - Harrisburg
Address: 200 One Keystone Plaza, North Front and Market Streets, PO Box 1181, Harrisburg, PA, 17108-1181
Telephone: (717) 255-1155