HomeMy WebLinkAbout05-1799P:\PILES\ ATAPILE\Omeral\Curtenl\11298 I.COM I Me
Created: 9Y20/O4 OWM
Revised' 415105 309PM
Thomas J. Williams, Esquire
I.D. 17512
Christopher E. Rice, Esquire
I.D. 90916
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.,
Plaintiff
V.
ALAN G. UNGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- / 799
CIVIL ACTION - LAW
IPIYGe;rz.
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 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.,
Plaintiff
V.
ALAN G. UNGER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-
CIVIL ACTION - LAW
COMPLAINT
Plaintiff is Mt. Valley Farms & Lumber Products, Inc., a Pennsylvania corporation
licensed to do business in the Commonwealth of Pennsylvania with a business address of 1240
Nawaka Road, Biglerville, Pennsylvania 17307.
2. Defendant is Alan G. Unger, an adult individual residing at 240 Red Tank Road,
Boiling Springs, Pennsylvania 17007.
On December 23, 2003, the parties entered into a "SALES AGREEMENT AND
LICENSE TO CUT TIMBER" whereby Plaintiff was to harvest certain trees on Defendant's above
land that were marked with yellow paint, a copy of which is attached hereto and marked as Exhibit
"A
4. Plaintiff paid the contract price for the timber and began harvesting the timber on or
about February 9, 2004.
On or about February It, 2004, Defendant came to the area where the trees were
being harvested and told the logger, Tommy Pukavige, that he should discontinue the harvesting and
remove his equipment from Defendant's property or he (Defendant) would "push [the equipment]
into the ore hole" referring to what appeared to be a large lake adjacent to the work area and which
apparently was a flooded ore quarry and quite deep. Also nearby was a Case Hi-Lift bulldozer,
apparently belonging to Defendant and to which Defendant was referring when he made the threat.
Defendant
6. Fearing damage and possible further confrontation with Defendant, the loggers moved
their equipment to a safe location away from Defendant's property and discontinued the harvesting.
In a later telephone call with Plaintiff's president, Henry Taylor, Defendant made the same threat as
to equipment of Plaintiff still on his property. That equipment was then moved to a safe location.
On or about February 23, 2004, Plaintiff commenced an action in Cumberland County
Court docketed to 04-784, seeking to recover the purchase price paid to the Defendant for the timber
that Plaintiff was now prevented from harvesting.
8. On September 7, 2004, Defendant filed under Chapter 13 of the Bankruptcy Act (later
converted to Chapter 7) in the United States Bankruptcy Court for the Middle District of
Pennsylvania docketed to 1:04-bk-05429-MDF. A copy of the Bankruptcy Case Summary is
attached hereto and marked as Exhibit "B."
9. As a result ofthe above noted Bankruptcy Court filing, the Cumberland County action
to recover the price of the timber was stayed.
10. On or about February 10, 2005, Plaintiff filed a Motion for Relief from the Automatic
Stay with the Bankruptcy Court to permit it to harvest the timber. A copy of the Motion is attached
hereto and marked as Exhibit "C."
11. On March 4, 2005, a hearing was held on said Motion in which the Bankruptcy Court
removed the automatic stay and ordered that "Debtor shall make said timber available for recovery
by Mt. Valley Farms & Lumber Products, Inc." A copy of the Order is attached hereto and marked
as Exhibit "D."
12. Plaintiff will resume the harvesting on Defendant's property on April 6, 2005, but is
concerned about the referenced threats made by Defendant.
13. Plaintiff believes, and therefore avers, that it will suffer immediate and irreparable
harm if Defendant is not enjoined from interfering with the cutting and removal of trees.
14. Defendant has threatened and has the means to execute his threat of pushing
Plaintiff's equipment into a flooded ore quarry. Defendant has refused Plaintiff access to the
property in the past. Defendant has summoned the Pennsylvania State Police to order Plaintiff off
of his property.
15. Plaintiff has suffered both court costs and attorney fees and continues to incur such
costs and fees as a result of Defendant's conduct.
16. Plaintiff continues to suffer a loss of profits each day it is delayed in cutting and
removing said timber.
WHEREFORE, by this action, Plaintiff seeks Your Honorable Court to enjoin Defendant
from interfering with the harvesting of timber in accordance with the Sales Agreement and License
to Cut Timber from Defendant's property under Pa.R.C.P. Rule 1531 and schedule a preliminary
hearing within five (5) days.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By Thomas J. Williams, Esquire
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: April 5, 2005 Attorneys for Plaintiff
,175 0122 '01 1-1:27 I D : M 'ALLEI' FARMS FAX =717677283 PAGE
IBNRY 1_ TAYLOR
PrcciJcm
'O
MT, VALLEY FARMS & LUMBER PRODUCTS, INC, f "
1240Nuwakwa Road - Biklerville, PA 17307-9728 -'•'
PHONE 717-677.6166
FAX 717-677.9283
www.mtvalleyfarmsxorn
11-IMICHA FI, TAYLON
i' Virc Pfcodcnt
l
SALES AGREEMENT' AND LICENSE TO CUT TIMBER
THIS AGREEMENT, made this l j,day of rce?n bed _ 200
between e hereinafter called Seller(s),
of'; owner in fee simple of timber
land of approximately nt, acres located along
?u or (q G( County, Iryfmi&and
A ;$
Mt. Valley Farms and Lumber Products, Ine. , 1240 Nawakwa Road,
iglerville, PA 17307 hereinafler called Purchaser. Purchaser is hereby
ranled a license to cut and remove the timber from licensor's land pursuant
to the terms and conditions, Mainejj?? ui this contract for sale made of even
date. Licensor shall have `n5cfnths to cut and remove the limber.
Purchaser shall be deemed to have a vested interest in the Innd and an
casement to come upon (lie land of Seller for purposes of harvesting Ilse
ti Tiber conveyed under this license, Orlre tJj,(1 is 54ar--Ipd 0ob mu6+
be vrlar)1)Gd eovd(nvad? v,11.1 co"hplel'o, ()A5
I'his agreement shall be recorded in the Recorder of Deeds Office of
(7or',,bw-,L,,J County, Agflrpft7r?t??
The enforcement and inlerpretation of this agreement shall be governed by
the laws of the State of Maryland.
'T'ERMS OF .AGlZFTMIiNT
I. 'T'rees designated for culling are marked with _ ,I& tree marking
pain[. (9?"y P- -3
:ondilions of Sale:
TI)c Purchaser agrees to prey the ,Heller the suns of '.1 `lS(_()D
for the abovementioned Irees on appruxinlalely_ SS'D acres:
EXHIBIT A
UIiCG 'U4 14iZ25 Ill;III VHLLCr rHKID rHA-eIIU(r,)coo
rlluL /
Payments to be made as follows: x
1 $ /D aoo. ('U dollars
10 Jg c n nntreci nisi ni I /CPC ? Yk-tl3
jjhjL,
2) $ 3S IRV. ,? dollarsfiEUoEhArr,iWP--,sin! !?elc 30 700-5
3) $ dollars
4) $ dollars
The Purchaser agrees to waive all claims to the above designated trees
unless they are cut 61? months after all permits and authorizations
are obtained. This period will be extended if conditions beyond the
control of the Purchaser prohibited him from entering onto the property.
4. Sailer guarantees to the Purchaser he is the lawful owner of all trees
covered by this agreement, and the sale of said timber is made free and
clear of all liens, encumbrances and security interests. Seller agrees to
defend against all claims to the contrary, at his expense.
5. Seller grants to the Purchaser the righ nd privileges to enter onto the
property over the lands held by ers from a public road. He further
guarantees should this right of cess be denied to the Purchaser, he shall
Iv return all monies paid by t Purchaser for timber he has paid for but not
f removed unless another ecess of mutual satisfaction can be established.
6. Seller grants the right and privilege to the Purchaser to enter on to the
property concerned with this agreement for the purpose of removing
timber herein sold. The Purchaser shall have the right to construct any
roads or improvements necessary to remove trees. Road and
F. imp ovements shall be located in a location agreeable to both parties.
a. Purchaser agrees to maintain all roads and other improvements in a
condition as good or better than when logging use began. ga,,t/ dl-,ye GV40F
L EYEL lYlc{5f,?? mA/;?,qtleco
Upon completion of use by the Purchaser he agrees to regrade and &-tpacs-col
stabilize all areas with disturbance caused by logging beyond t11ph-1
ordinary wear and tear. Haul roads and skid trails will be returned
in a manner that will help prevent erosion. a-ev "q V6 be
?. ?C( i/N Ci ?i U?- rY)? uS "I C`J'tOYI oQ- 12>
J r_ M'1 n rte..- -
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22 '04 1A:29 I0:MT VALLEY FARMS FAX:7176779283 PAGE b/
7. Purchaser agrees to hold the Seller harmless from any liabilities resulting
from accidents occurring as a direct result of the timber harvesting
operation. Appropriate insurance policies are held Py the Purchaser' 216
which Will protect the Seller from all such liabilities. G/ a 63,111 //I$cl/an c
Pvttctos *On Pore(~?s?? and t-07949F6. Pv-'Or 40 eo.were.,ce. -tc6
8. All portions of trees not removed as part of the timber harvesting W rte.
operation shall be considered as property of the Seller. No operations
except those of the Purchaser shall be permitted while harvesting
operations are in progress.
9, the event Purchaser is prohibited from harvesting any trees which are
included in this agreement, and provided Purchaser has made a
reasonably diligent effort to correct any deficiencies and harvest said
trees: the Seller agrees to refund any monies which have been paid in
aady,pncle for these trees. r t. jr? (6 . (? yam? v6 4 by /du?rv?1
ff ?D ?f'?P!" t,Ui ?b Cv?n?jrte?,mo.T'f cy, ?;.
lle
v
(. on and
It). Seller agrees to aSSUme all responsibility for the tfeterminatik
location of all property and boundary lines.
The parties have executed this agreement on the aWday of ?tP'*'V A.
2aQ ,
hate%1212'??
Owner Owner
Mt. Valley Farms and Lumber Products, Inc.
Sta to of Maryland
County of
On this day of
Notary public, personally appeared,
name is subscribed to the within document,
purposes herein contained.
IN WITNESS WHEROF, I hereby sot my
My commission e%psms:
ss
200_, before me, a
known to me to be the person whose
iwledged that he/she executed the foregoing for the
and official seal,
Seal)
Query Summary
1:04-bk-05429-MDF Alan G Unger
Case type: bk Chapter: 13 Asset: Yes Vol: v Judge: Mary D France
Date filed: 09/07/2004 Date of last filing: 09/07/2004
Case Summary
Page 1 of 1
Office: Harrisburg Filed: 09/07/2004
County: Cumberland Terminated:
Fee: Paid Discharged:
Reopen: 0 Reopened:
Previous
Term: Converted:
Disposition: Dismissed:
Joint: n Confirmation
Hearing:
Pending Status: Awaiting Chapter 13 Plan
Flags: PlnDue, NoMatrix, SchedsDue
Trustee: United City: Phone:
Email:
States Trustee Harrisburg
g (717) 221- Fax: (717) 221-4554
4515 ustpregion03.ha.ecf@usdcj.gov
Trustee: City : phone:
Email:
Charles J. Hummelstown 717566-
D III 6097 dehartstaff@ramapo.com
(Trustee)
Party 1: Alan G Unger (xxx-xx-6454) (Debtor)
Atty: John M Hyams Represents party 1: Debtor Phone:717 238-6570
Location of Case File(s):
Volume: CSI
File may NOT be available. See file clerk
PACER Service Center
Transaction Receipt
09/10/2004 1039:47
PACER md0505
11298.1
Login: Client Code:
Description: Case y Search 1:04-bk-05429-
Summar Criteria: MDF
Billable Pages: ? Cost: 0.07
EXHIBIT B
https://ecf.pamb.uscourts.gov/cgi-bin/grySummary.pl?139106 9/10/2004
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
ALAN G. UNGER
Debtor
MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.
Movant
IN BANKRUPTCY
BK. NO. 1-04-05429
CHAPTER 7 PROCEEDING
r,
f.J
i CJ I
01
`
u
RELIEF FROM AUTOMATIC STAY
V.
ALAN G.UNGER
Respondent
WITH CONCURRENCE
OF TRUSTEE
WITHOUT CONCURRENCE OF
DEBTOR'S COUNSEL
MOTION FOR RELIEF FROM THE AUTOMATIC STAY OF SECTION 362
AND NOW, comes Movant, Mt. Valley Farms & Lumber Products, Inc. (hereinafter
referred to as "Mt. Valley" or "Movant"), by and through its attorney, Deborah A. Hughes,
Esquire and files the within Motion for Relief From Automatic Stay, and in support thereof avers
as follows:
PARTIES AND JURISDICTION
1. Movant is Mt. Valley Farms & Lumber Products, Inc., having its principal
place of business at 1240 Nawakwa Road, Biglerville, PA 17307.
2. Respondent is Alan G. Unger, 610 Alexander Spring Road, Carlisle, PA 17013.
To the best of counsel for Movant's knowledge, counsel for Mr. Unger is John M. Hyams,
Esquire, Cunningham & Chemicoff, 2320 North Second Street, PO Box 60457, Harrisburg, PA
17110.
3. The Bankruptcy Court has jurisdiction over this proceeding pursuant to 28 U.S.C.
Section 1334, 28 U.S.C. Section 157 and I 1 U.S.C. Section 362. This is a core matter
EXHIBIT C
FACTUAL ALLEGATIONS
4. On or about December 28, 2003, Debtor, Alan G. Unger entered into a Sales
Agreement and License to Cut Timber (the "Agreement") with Movant for the approximate 80
acres of land located along Red Tank Road, Cumberland County, Pennsylvania.
5. Movant paid Debtor $45,000.00 in two payments as follows: $10,000.00 on
December 28, 2003, and $35,000.00 on February 5, 2004 pursuant to the Agreement.
6. Debtor refused to allow Movant access to the property to harvest the timber
previously paid for.
7. Debtor filed a Petition for relief under Chapter 13 of the Bankruptcy Code on
September 7, 2004. To date, Debtor has never filed any Schedules or Statements as required in
his case.
S. On December 21, 2004, the Bankruptcy Court converted the Debtor's case to a
Chapter 7 and the 341 Meeting was scheduled for February 7, 2005 at 9:30 a.m.
9. Debtor appeared late for the hearing, told the Trustee he was hiring a new attorney
and asked for the hearing to be rescheduled.
10. Debtor has no equity in this timber and it is not property of his estate. Asa result
of the filing of the above-captioned Chapter 13 Petition, Movant has been stayed by Section 362
of the Bankruptcy Code from exercising its right to enforce its contract to harvest the timber.
CLAIM FOR RELIEF - RELIEF FROM AUTOMATIC STAY
11. Movant repeats and realleges every allegation set forth in paragraphs 1 through 10
above.
12. Pursuant to Section 362(d)(1) of the Bankruptcy Code (I I U.S.C. Section
362(d)(1), Movant requests this Honorable Court to enter an Order granting Movant Relief From
the Stay for cause, to allow Movant to harvest the timber subject to the Agreement attached
hereto as Exhibit "A" and in support thereof asserts as follows:
nr :•
1.
1
(a) Debtor has no equity in the aforementioned timber, as it was sold to
Movant in December, 2003.
(b) Movant's interest in the aforementioned timber is not adequately protected
because Debtor has failed post-petition to allow Movant to finish
harvesting the timber and has in fact offered this same property for sale to
another lumber company..
(c) Movant's interest in the aforementioned timber is not adequately protected
because the property is not insured and Debtor is trying to sell the asset
again.
13. For the above and foregoing reasons, Movant asserts cause exists sufficient to
waive the requirement of Bankruptcy rule 4001(a)(3), therefore allowing an Order to be effective
upon this Honorable Court's signature.
14. Pursuant to Section 362(d)(2) of the Bankruptcy Code, Movant requests this
Honorable Court to enter an Order granting Movant Relief From the Stay for cause, to allow
Movant to harvest the timber provided in accordance with the Agreement and License to Cut
Timber, and the laws of the Commonwealth of Pennsylvania and in support thereof and asserts as
follows:
(a) Debtor has no equity in the aforementioned timber.
(b) The Debtor received payment for the contract and wrongfully barred
access to the property in violation of the Agreement.
23. Concurrence of this Motion was sought of Debtor's counsel, John M. Hyants,
Esquire and he does not concur with this Motion for Relief from Automatic Stay. The Trustee,
Leon P. Haller, was contacted and he concurs with this Motion.
3
r`
Ali
J
WHEREFORE, Movant, Mt. Valley Farms & Lumber Products, Inc., requests this
Honorable Court to issue an Order granting Movant Relief From the Stay of 11 U.S.C. Section
362(a) to allow Movant to exercise its rights with respect to the Sales Agreement and License
to Cut Timber, including, but not limited to, harvesting the cut timber as provided under the
terms of the Sales Agreement and License to Cut Timber and proceeding in accordance with its
rights under Pennsylvania Law to complete the contract.
Respectfuily submitted,
" P ?CW?w
Meborah A. Hughes, Esquire
I. D. No. 31060
P. O. Box 961
Harrisburg, PA 17108
(717) 651-1772
1,41R-28-2005 14 14
MOUNTAIN URLLEY
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
ALAN G. UNGER
Debtor
MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.
Movant
V,
ALAN G. UNGER
Respondent
7176779283
IN BANKRUPTCY
BK. NO. 1-04-05429
CHAPTER 7 PROCEEDING
RELIEF FROM AUTOMATIC STAY
WITH CONCURRENCE
OF TRUSTEE
WITHOTJT CONCURRENCE OF
DEBTOR'S COUNSEL
ORDER FOR RELIEF FROM AUTOMATIC STAY
AND NOW, this "?I' day of Ma(r-?1 , 2005, upon presentation and
consideration of the Within Motion for Relict from the Automatic Stay, it is hereby
ORDERED AND DECREED that the automatic stay is removed with respect to Movant
and its action to recover its timber pursuant to the December 28, 2003 Sales Agreement and
License to Cut Timber, by which Debtor shall make said timber available for recovery by Mt.
Valley Farms & Lumber Products, Inc. It is hereby
FURTHER ORDERED AND DECREED that Movant may proceed with any action to
obtain possession of the timber representing its asset pursuant to the Sales Agreement and
License to Cut Timber, a copy of which is attached to its Motion for Relief from the Automatic
Stay. It is hereby
FURTHER ORDERED AND DECREED that the provisions of Bankruptcy Rule
4001(a)(3) are waived and the Order shall be in full force and effect upon signature of this Court.
BY THE COURT
q?-;P?4
CERTIFIED FRO%4 THE RECORD this-
day of 200
Clerk, U.S. Banlv 'L'0y Curt 11
Per Deputy Cleric
adz 07 416
/s/ MARY D. FRANCE:
U.S. Aankruptcy ludge
FILED HARRPA URA
MAR - 4 2005
Clerk, U.Sk Bankruptcy Court
P.02
?v7
EXHIBIT D TOTAL P.02
VERIFICATION
I, Henry L. Taylor, President of Mt. Valley Farms & Lumber Products, Inc. acknowledge I
have the authority to execute this Verification on behalf of Mt. Valley Farms & Lumber Products,
Inc. and certify the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not
my own. I have read the document and to the extent the Complaint is based upon information which
I have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making
this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unswom falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
MT. VALLEY FARMS & LUMBER PRODUCTS, INC.
Henry L. aylor, Presid t
M1?
on
'Y7lti "'O [11 ?-
e
Thomas J. Williams, Esquire
I.D. 17512
Christopher E. Rice, Esquire
I.D. 90916
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
NO. 05- CIVIL ACTION - LAW
ALAN G. UNGER,
Defendant
W.?Y Cur-
PLAINTIFF'S MOTION FOR
PRELIMINARY OR SPECIAL INJUNCTION
AND NOW, comes the Plaintiff, Mt. Valley Farms & Lumber Products, Inc., by and through
its attorneys, Martson Deardorff Williams & Otto, and hereby moves this Court for a preliminary
injunction under Pa.R.C.P. Rule 1531 enjoining and restraining Defendant, pending final hearing
and determination of this action, from interfering with Plaintiff's right to harvest timber and in
support avers as follows:
1. The Verified Complaint in Equity filed on April 5, 2005, is incorporated herein as if
fully set forth.
2. Unless Defendant is effectively restrained and enjoined from interfering with
Plaintiff s right to harvest and remove timber under the Sales Agreement and License to Cut Timber,
as attached to the Verified Complaint in Equity filed in this case, Plaintiff will suffer immediate,
substantial, and irreparable harm because Plaintiff continues to suffer a loss of profits each day it is
not permitted to harvest said timber. The Plaintiff is simply requesting that this Court maintain the
status quo and that the Court order Defendant not to interfere with Plaintiff's operations.
3. The issuance of a preliminary injunction will not cause undue inconvenience or loss
to the Defendant, but will prevent irreparable injury to the Plaintiff.
4. As a matter of law, Plaintiff has no adequate remedy at law to redress the injury that
will be caused by Defendant's interference and threats. In addition, Defendant has filed for
bankruptcy and is unable to reimburse Plaintiff the monies it paid to Defendant for the right to cut
timber.
5. Plaintiff is likely to succeed in proving at trial.
WHEREFORE, Plaintiff respectfully requests that this Court enter an Order preliminarily
enjoining and restraining Defendant and their employees, agents, assigns, and successors in interest
from interfering with Plaintiff and its right to harvest and remove timber from Defendant's property.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By 1-- 4? S /t- -
Thomas J. Williams, Esquire
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: April 5, 2005 Attorneys for Plaintiff
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MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.,
Plaintiff
V.
IN THE COURT OF
CUMBERLAND CC
NO. 05- Rqq
ALAN G. UNGER,
Defendant
?Y C_ v. r
? ORDER
AND NO W, this J/day of
of the attached Motion for Preliminary or Special Injunction,
ON PLEAS OF
PENNSYLVANIA
ACTION - LAW
upon consideration
a
A hearing in the above-captioned matter is hereby set for
?• a U J4 • o'clock, in Courtroom # Cumberland
, 2005, at
Pennsylvania.
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MT. VALLEY FARMS & LUMBER
PRODUCTS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN G. UNGER,
Defendant
CIVIL ACTION - LAW
NO. 05-1799 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of April, 2005, after
reviewing the exhibits attached to the complaint, and the
Defendant having been given notice of the scheduled hearing
and not having appeared, it is hereby ordered and directed
that Alan G. Unger is enjoined from interfering with Mt.
Valley Farms & Lumber Products, Inc. or its employees,
subcontractors, or anyone acting on its behalf as they
proceed to harvest and remove timber from the Defendant's
property pursuant to the agreement of sale dated December 28,
2003.
E
Edward E. Guido, J.
?homas J. Williams, Esquire
For the Plaintiff
4 Ian G. Unger
40 Red Tank Road
Boiling Springs, PA 17007
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Curtis R. Long
Prothonotary
office of the Protbonotarp
CumberYonb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
0 S - 17 4 9 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (7M 7dn_4c'72