HomeMy WebLinkAbout05-5518DWAYNE E. RHOADES and
ANNA M. RHOADES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
SEVENTH-DAY ADVENTIST CHURCH
and THE PENNSYLVANIA
CONFERENCE ASSOCIATION OF
SEVENTH-DAY ADVENTISTS, INC.
CIVIL ACTION- EQUITY
NO. ;?05 ' SJ`-?S G yr
Defendants
To: Seventh-Day Adventist Church
The Pennsylvania Conference Association of Seventh-Day Adventists, Inc.
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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
1-800-990-9108
SALZMANN
Esquire
Attorney .D. N2.7
95 Alexan er pring Road, Suite 3
Carlisle, PA 17013
Dated: ?? . 03 (717) 249-6333
DWAYNE E. RHOADES and
ANNA M. RHOADES
Plaintiffs
V.
SEVENTH-DAY ADVENTIST CHURCH
and THE PENNSYLVANIA
CONFERENCE ASSOCIATION OF
SEVENTH-DAY ADVENTISTS, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 05- SS/f C? -7L--
COMPLAINT
Plaintiffs, Dwayne E. Rhoades and Anna M. Rhoades, by and through their counsel,
Salzmann Hughes, P.C., in support of their Complaint aver the following:
Plaintiffs Dwayne E. Rhoades and Anna M. Rhoades are adult individuals who
have a principal place of residence at 485 Petersburg Road, Carlisle, PA 17013.
2. Defendant Seventh-Day Adventist Church ("Church") is, and at all times relevant
herein, was an entity existing under the laws of the Commonwealth of Pennsylvania with a
principal place of business located at 720 Museum Road, Reading, PA 19611 .
3. Defendant The Pennsylvania Conference Association of Seventh-Day Adventists,
Inc. ("Association") is, and at all times relevant herein, was a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania with a principal place of business located
at 720 Museum Road, Reading, PA 19611.
4. At all times relevant hereto, Defendant Association was the fee simple owner of
the land described at Lot IA as recorded on the Final Subdivision Plan (Hereinafter
"Subdivision") prepared by Brehm-Lebo Engineering, Inc. dated February 18, 2005 and recorded
-2-
in the Recorder of Deeds Office for Cumberland County in Plan Book 90, Page 139 and attached
hereto as Exhibit A, which is incorporated herein by reference. ("Real Property")
At all times relevant hereto, Defendant Church was the sole owner of Defendant
Association and had an equitable ownership interest in the Real Property. Defendant
Association's sole purpose was to act as a holding company for Defendant Church.
6. At all times relevant hereto, Defendant Association acted by and through its duly
authorized agents, servants, workmen, and/or employees, including John McCormick and
Defendant Church, acting in the course and scope of their authority, employment and/or agency
on behalf of said Defendant Association.
At all times relevant hereto, Defendant Church acted by and through its duly
authorized agents, servants, workmen, and/or employees, including John McCormick and
Defendant Association, acting in the course and scope of their authority, employment and/or
agency on behalf of said Defendant Church.
At all times material to this Complaint, John McCormick was an agent for the
Defendant Church and Associations and had actual and/or apparent authority to enter into
contractual agreements for the sale of the Real Property as well as sign the Statement of
Ownership, Acknowledgment of Plan contained on the Subdivision for the Real Property.
9. On or about September 30 2004, John McCormick, as an agent for Defendant
Church and Association entered into an Agreement of Sale (`Agreement") for the Real Property.
(A true and correct copy of the Agreement of Sale is attached hereto as Exhibit `B").
10. The Agreement stated that the final price for the 8.2 acres of land depicted as Lot
1 A on the Subdivision Plan was $17,000.00, plus half of the cost of the survey and half of the
-3-
county and township taxes. After the completion of the survey, a date would be set for the
settlement.
11. In accordance with the Agreement, Plaintiffs had the survey performed and had a
final subdivision plan recorded with regard to the Real Property. The final subdivision plan was
signed by John McCormick as agent for Defendant Association. (A copy of the Subdivision
showing Lot IA and Statement of Ownership is attached hereto as Exhibit "C")
12. Plaintiffs have performed all of the conditions of the Agreement that are required
to be performed by Plaintiff. Plaintiffs remain ready and willing to perform all terms of the
Agreement applicable to Plaintiff and to receive a good and sufficient deed to the Real Property
as promised by Defendants.
13. On or about July 29, 2005, Plaintiffs notified Defendants that they were prepared
to settle on the Real Property.
14. The Agreement was a final, binding and enforceable contract.
15. Defendants refused to settle on the property and thereby breached the contract.
COUNTI
SPECIFIC PERFORMANCE
PLAINTIFF V. DEFENDANTS
16. The averments of paragraphs 1-15 of the Complaint are incorporated by reference
as though set forth in full herein.
17. Plaintiffs have fully and faithfully performed all obligations required to date
under the Agreement.
-4-
18. Plaintiffs standing ready and willing to perform all remaining obligations required
under the Agreement to effect the transfer of the real estate to Plaintiff for the agreed upon price.
19. The Defendants breached the Agreement by failing to convey the real property to
Plaintiffs.
20. The real property is a unique parcel of real estate.
21. Plaintiffs are entitled to specific performance to the Agreement as no damages at
law can adequately compensate Plaintiffs.
WHEREFORE, Plaintiff requests that the Court order that Defendants specifically
perform the agreement and by good and sufficient deed convey the property pursuant to the
Agreement in fee simple to the Plaintiffs.
SALZMANN HUGHES, P.C.
By
E. Ralph G
Attorney I.D. No.
95 Alexander Spring Road
Suite 3
Carlisle, PA 17013
(717) 249-6333
6J Attorneys for Plaintiff
Dated: l
-5-
VERIFICATION
I, Dwayne E. and Anna M. Rhoades, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Complaint is that of counsel, I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to
authorities.
Dated:
Dwayne oades
Dated: /0//7/0, -/?, Y ?
Anna M. Rhoades
LEGAL DESCRIPTION
EXHIBIT "A"
ALL that certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Subdivision
Plan prepared by Brehm-Lebo Engineering, Inc., dated February 18, 2005 and recorded
in the Office of the Recorder of Deeds for Cumberland County in Plan Book 90, Page
139.
BEGINNING at a point along lands North 78 degrees 45 minutes 00 seconds
East 239.02 feet to a point; thence along lands South 14 degrees 55 minutes 27 seconds
East 102.00 feet to a point; thence along lands North 80 degrees 43 minutes 04 seconds
East 234.70; thence along lands South 85 degrees 29 minutes 28 seconds East 432.67 feet
to a point; thence along lands South 06 degrees 16 minutes 26 seconds West 421.35 feet
to a point; thence along land North 86 degrees 25 minutes 16 seconds West 764.26 feet to
a point; thence along lands North 15 degrees 19 minutes 13 seconds West 433.77 feet to a
point and place of BEGINNING.
Title:
Date: 10-21-2005
I Scale: 1 inch = 150 feet I File: I
Tract 1: 8.216 Acres: 357877 Sq Feet: Closure = n15.1110w 0.88 Feet: Precision =1/2984: Perimeter= 2628 Feet
001=n78.4500e239.02 004=s85.2928e 432.67 007=n15.1913w 433.77
002=sl4.5527e 102.00 005=s06.1626w 421.35
003=n80.4304e 234.70 006=n86.2516w 764.26
September 30, 2004
This is an agreement between Dwayne E. and Anna Rhoades and the
Seventh-Dav Adventist Church to purchase a parcel of land containing
Eight point two acres of land as per the Cumberland County Tax Mapping
as of August 19, 2004.
The agreed purchase price of $17,000.00 plus half of the cost of the survey
and as well half the cost of County and-Township Taxes.
Since you the Rhoades, Dwayne and Anna agree to pay half of the survey
cost you may chose the Survey Company of your choice.
If at all possible the survey will start within thirty (30) days from the signing
of this agreement.
When all the factors are complete a date will be set to meet for settlement at
which time the Church will render a clear deed to the property.
Dwayne E. Rhoades
Anna Rhoades L Ziiy
Agent for the Adventist Church
John McCormick
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05518 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES DWAYNE E ET AL
VS
SEVENTH-DAY ADVENTIST CHURCH
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT _ to wit:
SEVENTH-DAY ADVENTIST CHURCH
but was unable to locate Them
deputized the sheriff of BERKS
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
on November 18th , 2005 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Berks County 39.85
Postage .74
77.59
11/18/2005
SALZMANN HUGHES
So answers: - ??
R.'Thomas Kline -
Sheriff of Cumberland County
Sworn and subscribed to before me
¢?Qa.
this day of
bS A. D. P not y
in his bailiwick. He therefore
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05518 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES DWAYNE E ET AL
VS
SEVENTH-DAY ADVENTIST CHURCH
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
to wit:
PENNSYLVANIA CONFERENCE ASSOC OF SEVENTH-DAY ADVENTISTS INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of BERKS County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On November 18th , 2005 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
11/18/2005
SALZMANN HUGHES
So answ
Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this w day of
aD A ? .
c ?
Pro, no ary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dwayne E. Rhoades et al
vs.
Seventh Day Adventist Church et al
SERVE: The Pennsylvania Conference Association No 05-5518 civil
of Seventh Day Adventists Inc
Now, October 27, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of perks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
F
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this day of 20
20 , at o'clock M. served the
COSTS
SERVICE S
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
S
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dwayne E. Rhoades et al
vs.
Seventh Day Adventist Church et al
SERVE: Seventh Day Adventist Church No. 05-5518 civil
.
Now, October 27, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Berks
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of 20
20 , at . o'clock M. served the
copy of the original
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
w ,
; Berks County Sheriffs Office
633 Court Street
Reading, PA 19601-3582
(610) 478-6240
AFFIDAVIT OF SERVICE
Docket No: 05-5518
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me RICKY SCHLOUCH, Deputy for Barry J. Jozwiak, Sheriff of Berks
County, 633 Court Street, Reading, Pennsylvania 19601, who being duly sworn according to law,
deposes and says that on, 11/09/2005 10:00:00, he/she served the annexed COMPLAINT upon
SEVENTH DAY ADVENTIST CHURCH, within named defendant, by handing a copy thereof to
BARB JOHNS, the PERSON IN CHARGE at: 720 MUSEUM ROAD, READING, PA 19611,
BERKS COUNTY and made known to BARB JOHNS the contents thereof.
("zZ' 4,,J?
DEPUTY SHE IFF OF BERKS Co., PA
RICKY SCHLOUCH # 016
Sworn and subscribed before me
T day of 2005
7 NOTARIAL SEAL
Tammy Rodriguez, Notary Public
Resding, Berks County
NOT UB C
Myeommissionexpires `)clober6,2007
L) I
Sheriffs Costs in Above Proceedings
DEPOSIT
ACTUAL COSTS OF CASE
St V,, Cc,AMOUNT OF REFUND/DUE
Service made as set forth above.
So Answers,
SHERIFF O BE KS COUNTY, PA
Barry J. Jozwiak
All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him/her and receive
from the party instuting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same
before he/she shall be obligated be law to make return thereof.
Sec. 2, Act of June 20, 1911, P.L./ 1072
Service Comments:
served sec
Berks County Sheriffs Office
633 Court Street
?-= Reading, PA 19601-3582
(610) 478-6240
AFFIDAVIT OF SERVICE
Docket No: 05-5518
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OFBERKS
Personally appeared before me RICKY SCHLOUCH, Deputy for Barry J. Jozwiak, Sheriff of Berks
County, 633 Court Street, Reading, Pennsylvania 19601, who being duly sworn according to law,
deposes and says that on, 11/0912005 10:00:00, he/she served the annexed COMPLAINT upon
THE PENNSYLVANIA CONFERENCE ASSOCIATION, within named defendant, by handing a
copy thereof to BARB JOHNS, the PERSON IN CHARGE at: 720 MUSEUM ROAD, READING,
PA 19611, BERKS COUNTY and made known to BARB JOHNS the contents thereof.
Sworn and subsccri111b...,,,ed before me
Thye? 7 ffiday oT W , 2005
NOTARIAL SEAL.
Tammy Rodriguez, Notary Public
Reading, Baks County
My commission expires October 6, 2007
DEPUTY SH IFF OF BERKS Co., PA
RICKY SCHLOUCH # 016
Co., PA
Sheriffs Costs in Above Proceedings
DEPOSIT
ACTUAL COSTS OF CASE
AMOUNT OF REFUND/DUE
Service made as set forth above.
So Answers,
SHERIFF O BE KS COUNTY, PA
Barry J. Jozwiak
All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him/her and receive
from the party instuting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same
before he/she shall be obligated be law to make return thereof.
Sec. 2, Act of June 20, 1911, P.L./ 1072
Service Comments:
served sec
'i
DWAYNE E. RHOADES and
ANNA M. RHOADES
Plaintiffs
V.
SEVENTH-DAY ADVENTIST CHURCH
and THE PENNSYLVANIA
CONFERENCE ASSOCIATION OF
SEVENTH-DAY ADVENTISTS, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY ¢?y,,,
NO. C6__ SS50 eluz.L`"," l
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly marked the above-captioned action settled, discontinued and ended with prejudice.
Respectfully submitted,
Salzmann Hughes, P.C.
By:
E. Ralph
Attorney I.D. No. 77052
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
717.249.6333
Raodfrevnsalzmannhughes.com
Attorneys for Plaintiffs,
Date: Ae9car 29. 2006 Dwayne E. Rhoads and Anna M. Rhoads
DWAYNE E. RHOADES and
ANNA M. RHOADES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
SEVENTH-DAY ADVENTIST CHURCH
and THE PENNSYLVANIA
CONFERENCE ASSOCIATION OF
SEVENTH-DAY ADVENTISTS, INC.
Defendants
CIVIL ACTION - EQUITY
NO.
CERTIFICATE OF SERVICE
AND NOW, this 29°i day of August, 2006, I, Mary M. Cook, Paralegal, of the law firm of
Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certify that I served the within Praecipe to
Discontinue this day by depositing the same in the United States mail, postage prepaid, in Carlisle,
Pennsylvania, addressed to:
Jered L. Hock, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
Carlisle, Pennsylvania 17013
Salzmann Hughes, P.C.
f:EL
Mary M. trbk, Paralegal
n a o
TT )c,
?
-
t ?J ?
Notice of Hearing J-) ? o?Uad -7" Page 1 of 2
Melanie Dawn Snyder, Cooper Lee Snyder, Grace : IN THE COURT Of COMMON
Elizabeth Snyder : PLEAS OF
CUMBERLAND COUNTY,
Plaintiff' : PENNSYLVANIA
V.
G? -5s?k
'No.
Weston Robert Green Jr.
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in
the following papers, you must appear at the hearing scheduled herein. If you fail to do so,
the case may proceed against you and a FINAL order may be entered against you granting
the relief requested in the petition. In particular, you may be evicted from your residence, be
prohibited from possessing any firearm, other weapon, ammunition or any firearm license,
and lose other important rights, including custody of your children. Any protection order
granted by a court may be considered in subsequent proceedings under Title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings
under Chapter 53 (relating to custody).
A hearing on the ma a uled for ik
>4 1 .400 a at
in Courtroom
at Cumber
County Courthouse, One
Courthouse Square, Carlisle.
If an order of protection has been entered, you MUST obey the order until it is modified or
terminated by the court after notice and hearing. If you disobey this order, the police or
sheriff may arrest you. Violation of this order may subject you to a charge of indirect
criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in
jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this
order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the
Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this
order, you may be subject to federal criminal proceedings under the Violence Against
Women Act. 18 U.S.C. §§2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm
license to the sheriff, you may do so upon service of this order. As an alternative, you may
relinquish any firearm, other weapon, or ammunition listed herein to a third party provided
you and the third party first comply with all requirements to obtain a safekeeping permit. 23
Pa.C.S.,A,. §6108.3. You must relinquish any firearm, other weapon, ammunition or any
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Notice of Hearing
Page 2 of 2
firearm license listed in the order no later than 24 hours after service of the order. If, due to
their current location, firearms, other weapons or ammunition cannot reasonably be retrieved
within the time for relinquishment, you must provide an affidavit to the sheriff listing the
firearms, other weapons or ammunition and their current location no later than 24 hours after
service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or
any firearm license shall result in a violation of this order and may result in criminal
conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105.
NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to
federal firearms prohibitions and federal criminal penalties under IS U.S.C. §922(8)(8).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE
THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE
COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO
PROCEED WITHOUT ONE.
County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Distribution to:
Legal Services
Faxed & Mailed to PSP
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' Temporary Protection From Abuse Order
Melanie Dawn Snyder, Cooper Lee Snyder,
Orace Elizabeth Snyder
Plaintiff
V,
Page 1 of 3
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:No. Weston Robert Green Jr. CIVIL ACTION - LAW
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTTON FROM ABUSE ORDER
Defendant's Name is: Weston Robert Green Jr.
Defendant's Date of Birth is: November 30, 1978
Defendant's Social Security Number is:
Name(s) of All protected persons, including Plaintiff and minor children:
1 _ Melanie Dawn Snyder
2. Cooper Lee Snyder
3. Grace Elizabeth Snyder
AND NOW, on upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is evicted and excluded frrom the residence at:
or any other permanent or temporary residence where Plaintiff or any other
person protected under this order may live. Plaintiff is granted exclusive
possession of the residence. Defendant shall have no right or privilege to enter
or be present on the premises of Plaintiff or any other person protected under this
order.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this order either directly or indirectly, at any
location., including but not limited to any contact at Plaintiffs or other protected
party's school, business, or place of employment.
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Temporary Protection From Abuse Order
4. Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
5. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS
6. The following additional relief is granted:
Defendant is prohibited from stalking, as defined in 18 Pa.C.S.A. § 2709.1 or
harrassing, as described in 18 Pa.C.S.A. § 2709, the following family and
household members of Plaintiff:
Name Relationship Address
Rebecca Dively mother
Scott Martyn friend
7. A certified copy of this order shall be provided to the sheriff or police
department where Plaintiff resides and any other agency specified hereafter:
North Middleton Twp, Lower Allen Twp
8. The sheriff, police or other law enforcement agencies are directed to serve
Defendant with a copy of the petition, any order issued, and the order for
hearing. Petitioner will inform the designated authority of any addresses, other
than Defendant's residence, where Defendant can be served.
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING,
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up
to size months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return
to the residence shall not invalidate this order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23
Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other
weapons or ammunition or any firearm license, those items must be relinquished to
the sheriff' within 24 hours of the service of this order. As an alternative, Defendant
may relinquish any firearm., other weapon or ammunition listed herein to a third
party provided Defendant and the third party first comply with all requirements to
obtain a safekeeping permit. If, due to their current location, firearms, other weapons
or ammunition cannot reasonably be retrieved within the time for relinquishment,
Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons
or ammunition and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to
federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § §
2261-2262,
Page 2 of 3
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.. • Temporary Protection From Abuse Order
Page 3 of 3
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
'I'bis order shall be enforced by the police department or sheriff who has jurisdiction
over Plaintiff's residence OR any location where a violation of this order occurs OR
where Defendant may be located. If Defendant violates Paragraphs I through 5 of
this order, Defendant shall be arrested on the charge of indirect criminal contempt.
An arrest for violation of this order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence of a police
officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all
firearms, other weapons and ammunition in Defendant's possession which were used
or threatened to be used during the violation of the protection order or during prior
incidents of abuse and any other firearms in Defendant's possession. Any firearm,
other weapon, ammunition or any firearm license must be delivered to the sheriffs
office of the county which issued this order, which office shall maintain possession
of the firearms, other weapons and ammunition until further order of this court,
unless the weapon/s are evidence of a crime, in which cas I remain with
the law enforcement agency whose officer or sheniffoage the arres
BY
Judge
Date
Distribution. to:
/tO
ailed to PSl'
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