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HomeMy WebLinkAbout05-66804 :OMMONWEALTH OF PENNSYLVil COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. e ?'1 NOTICE OF APPEAL /a Ja?? ads Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. CU-D000`IS i -Os this block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signaw2 orPmMOrrofary wDeputy was Claimant (see Pa. R.C.P.D.J. No. 1 before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D..1. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?? 4 . ?,QoP?^1 5, 41µi g,?pPt-_ _ appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?? ?O?QIXJ C yj I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To 4iluhi g2Ln?? Signature olappellant erattorney oragent _ C04ALCS 4 . 6 , 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 OS ' g?6x - Tignature o no ry or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN- COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL 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 ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , an 20 sender's receipt attached hereto. ? by personal service ? by (certified) (registered) mail, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20__ Signature of official before whom affidavit was made Title of official My commission expires on _.... _...... ....... __ , 20,___ n ? n ?- . tire c7lifiant s4iml '? ' f '( . n r11 N -r3 r ?n 01 -< COMMONWEALTH OF PENNSYLVANIA rnl lNrv nF CUMERLAND Mag. Dist. No. 09-2-01 MDJ Name: Hon.. PAULA P. CORREAL Address: 1 COURTHOUSE SQ CARLISLE, PA Te[ephone: (717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF'. CIVIL CASE NAME and ADDRESS FSROPHY, CHARLES & ANY 562 WEST PENN ST CARLISLE, PA 17013 L J Vs. DEFENDANT: NAME and ADDRESS FSCHWARZ, JOSEPH 119 HILL STREET MOUNT HOLLY SPRINGS, PA 17065 JOSEPH SCM ARZ L J 119 HILL STREET Docket No.: CV-0000451-05 MOUNT HOLLY SPRINGS, PA 17065 Date Filed: 10/20/05 THIS IS TO NOTIFY YOU THAT: Judgment: snR vTSTKTTVV ® Judgment was entered for: (Name) 'BROPHY, CHARLES z Amy ® Judgment was entered against: (Name) ac;aww27 JOSMPH in the amount of $ A 117.70 on Defendants are jointly and severally liable. (Date of Judgment) 11.1710c; (Date & Time) El Damages will be assessed on: 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ _ ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE. OF JUDGMENTfrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTtAiAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED R64 JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION. WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT. DE9TOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. lr ?l o Date MaglsleTIaliDistrict 'Judge I certify that this is a true and c py of t recor t roceedi containing the;judgment /a ^ZIL/-D-? Date Magisterial'DistrictJudge My commission expires first Monday of January, 2006. 'SEAL AOPC 315-05 DATE PRINTED: 12/21/05 11:53:29 AN N a 1 I? J ti J j. C. -Z_ N j a2TViiil IServicil IED:MA'-a- RECEIPT AbinrixVWW&CVMr8.Pwv"Pq Pq r M1 ED O COMMONWEALTH OF PENNSYLVANIA COUNTY OF l ukira, At,;i. ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served n C l t' r __ z ?j _N 0 n q ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) LE1 rBA?Ge C 'I S.; 20 ? by personal service l`Q by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) "k ? LgAy Um1,tjitj , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SUBSCRIBED BEFORE ME )C _ 20 t1 was made Title of official My commission expires on , 20 NOTARIAL SEAL PROTHONOTARY, NOTARYPUB11C CAi1W CUMBi3LW COUNTY COURT HOUSE NIY COIMSSION DPW JANUARY 2, 2006 :F rw_l r ???:. Signature of affiant 44 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 COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE 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 District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE P},d DATE OF JUDGMENT IN THE CASE OF (%ainfiln (Delenaem)' vs + , DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT I 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature a/ thonofary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon a ; z appellee(s), to file a complaint in this appeal Name or appellee(s) (Common Pleas No. j I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent a RULE: To t'/. ,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 MAYBE 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 Proonotery or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE CHARLES A. BROPHY and AMY L. BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Joseph Schwarz 119 Hill Street Mount Holly Springs, PA 17065 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 PHONE: (717) 249-3166 344329-1 CHARLES A. BROPHY and AMY L. BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Joseph Schwarz 119 Hill Street Mount Holly Springs, PA 17065 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siquientes paginas„ debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en ]a demanda o cualquier otra reclamation or remedio solicitado por el demandante puede ser dictado en contra suya per la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PHONE: (717) 249-3166 344329-1 CHARLES A. BROPHY and AMY L. BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Charles A. Brophy and Amy L. Brophy, adult sui juris individuals, residing at 562 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. (a) Defendant is Joseph A. Schwarz, an adult sui juris individual, residing at 119 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania. (b) At all times material hereto, Defendant did business, i. a., as "L. S. Joseph Plumbing." 3. On or about July 13, 2005, Plaintiffs entered into a contract with Defendant to perform certain plumbing and other remodeling work at Plaintiffs' residence, 562 West Penn Street, Carlisle, Pennsylvania. 4. Pursuant to said contract for remodeling and repair, certain terms of which are set forth in Exhibit A attached hereto and incorporated herein by reference, Defendant obligated himself, i.a.: (a) To remove and replace all waste lines. (b) In spare bedroom, to provide a rough-in for washer and dryer, build a closet, and wall-in an existing closet. 344329-1 (c) In upstairs bathroom, to reconfigure to Plaintiffs' specifications and install new tub/shower combo, new double vanity, light/fan, wet location fixture over tub, new receptacles and vanity lights, and replace sub-floor and install new ceramic tile. (d) In kitchen, to patch ceiling from previous roof leak, remove intercom and patch wall, bump out wall to accommodate new bath fixtures, add cable TV and phone jacks with shelves. (e) In downstairs bathroom, to replace existing shower with 48-inch unit, add built-in shelves, replace door with new 30-inch door, remove window wall on bath side, repanel on sunroom side, install new vanity, install light/fan combo, receptacles, new vanity lights, and new vinyl floor covering. Plaintiffs stressed to Defendant that time was of the essence and that the project was to be finished as soon as possible and within four (4) weeks, and Defendant made a commitment to begin the job promptly and proceed in such a manner as to effect timely completion. 6. Pursuant to Defendant's conditions for beginning work, Plaintiffs paid Defendant $5700 on or about July 13, 2005, and an additional $5700 on or about July 22, 2005, for a total payment of $11,400 on a job which Defendant agreed to complete for a price not to exceed $17,608. Despite Defendant's promises and despite payments by Plaintiffs, Defendant and his employees devoted only sporadic time to the job, working short days or not showing at all, so that even if Defendant had properly performed the small amount of work in which he engaged, 344329-1 which work was in fact not properly performed, he would not have done so in a timely manner, as required by the contract. 8. The work Defendant obligated himself to perform was deficient and/or not completed, i.a., as follows: (a) In the waste lines, two joints for the kitchen drain sink were not sealed; the waste lines were installed with many angles, rather than in a straight line, so that their function and/or potential future repair will be impaired and unnecessarily complicated; an expanse of the waste line was tilted at an inappropriate angle; and the connection where the waste line entered the sewer line was not leaded in, as required. (b) In the spare bedroom, Defendant did not finish the build around closet and did not wall-in existing closet. (c) In the upstairs bathroom, Defendant performed none of his obligations as set forth in Exhibit A and in Paragraph 4(c) above. (d) In the kitchen area, Defendant only partially completed cable TV and phone jacks and misconnected the same, did not complete wiring in basement for the same, never completed sheetrock, including not "mudding" it in, and installed sheetrock in a sloppy manner. (e) In downstairs bathroom, Defendant replaced the existing shower but did not install the replacement correctly, did not replace the door with a new 30-inch door, did not re-panel on sunroom side, did not install new vanity, and did not install light/fan combo flush properly - it was not vented to the outside; and the original wiring and boxes were pulled loose 344329-1 from the studs, were not disconnected from the panel box and were left to dangle behind the walls. (f) In all his contractual obligations, failed to work at the job in a timely fashion and worked three and a half (3'/2 ) weeks on an intermittent basis, without accomplishing even half of the work and improperly providing many services as aforesaid. 9. Because of Defendant's improper and unsatisfactory performance, both Plaintiffs or Plaintiff Charles A. Brophy had conversations with Defendant in which Defendant agreed to cease work and charge Plaintiffs only the reasonable value of wort: he had accomplished, with the remainder of the $11,400 down payment to be refunded to Plaintiffs. 10. Contrary to his agreement, Defendant did not refund any money to Plaintiffs but instead claimed more than the $11,400 he had been paid, grossly and improperly inflating the time he claimed was spent on the project, grossly and improperly marking up the costs of materials he claimed to have utilized in the project, and failing to acknowledge that much of the work performed by him and his workers was of little or no value because of its substandard and improper nature. 11. By letter of September 22, 2005, Plaintiffs demanded the return of $8170 of the amount paid, allowing Defendant the sum of $3230 for Defendant's work and materials, although Plaintiffs did not thereby concede that said amount of $3230 was owed, but were willing to settle for the same in an effort to resolve matters with Defendant and to move forward to having their work finished. 344329-1 12. Because of Defendant's conduct and the conduct ol'Defendant's workers as aforesaid, Plaintiffs were obligated to engage other tradespersons and workers to complete the job. 13. The cost to Plaintiffs for said additional workers was $15,720, so that Plaintiffs' total expenditures for the job were $26,120 ($11,400 paid to Defendant, plus $15,720 paid to others), thereby requiring Plaintiffs to pay $8512 in excess of the sum of $17,608 for which Defendant had agreed to do the work in question. COUNTI Breach of Contract Charles A. Brophy and Amy L. Brophy vs. Joseph Schwarz 14. Paragraphs 1-13 above are incorporated herein by reference. WHEREFORE, Plaintiffs demand in the amount of $8512, plus interest and costs both in this Court and in the Magisterial District Court. COUNT II Unjust Enrichment Charles A. Brophy and Amy L. Brophy vs. Joseph Schwarz 15. Paragraphs 1-14 above are incorporated herein by reference. 16. The value of the work Defendant performed was, at most, $3230, although Plaintiffs paid Defendant $11,400, thereby unjustly enriching Defendant in the sum of at least $8170. 17. Defendant is indebted to Plaintiffs in the sum of at least $8170. 344329-1 WHEREFORE, in the alternative to Count I, Plaintiffs demand judgment in the amount of $8512, or in the alternative, $8170, plus interest and costs as aforesaid. COUNT III Breach of Implied Covenant of Good Faith and Fair Dealing Charles A. Brophy and Amy L. Brophy vs. Joseph Schwarz 18. Paragraphs 1-17above are incorporated herein by reference. 19. Defendant breached the implied covenant of good faith and fair dealing in the contract between the parties by, i.a., failing to finish the contract in a proper manner, leaving the job, and thereafter failing to return to Plaintiffs the sum due and owing Plaintiffs, thereby causing Plaintiffs' to sustain further damages as aforesaid. 20. Defendant's breach of the covenant of good faith and fair dealing that is implied in the contract between the parties has caused and continues to cause injury to Plaintiffs as alleged. WHEREFORE, Plaintiffs demand damages in the amount of $8512, or such other amount as determined just and proper, plus interest and costs as aforesaid. Respectfully submitted, ME =I, K??NAUS??S & ERB, P.C. By: Jered L. Hock, Esquire PA Attorney I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: January A?-, 2006 344329-1 6 ?? _.6t iol CgF GAIT 4v a YLSs'tnt6 c?9P ut?SrSLtn?t S !??JD 2E?t lCt ?nttil# 4aP SW. X10 AlC rc Lt t Nrcvd wA CY.tSiSCS l40tw \_CiGGs!YC9?i? ?g 'r0 eE' P¢tgttb 4?3'b, Pcr?iFtV(r{-N - ??.k S???R"e ?ED+?1cov?+t ... d2i?i6+?-t^I =oA as?S+??t2(oJ?Hr?;` $'a1? LAmS?r ?IQts,ScSb wil?L-s? G?i?stl'*1G 4teSc < AtSb nD,u' LAY AC,CESC ty s?.7K<&'.H. ?OE9?.. -ant uPS:datij B its42?v„ '_. Etx?etLaG?tt2 fo (.v) rVOVAEt2. VE+ca('Lk tome 1 ?aS tLL Nov -pill 00ilee c ®a xph - to ut r Ja?s?M LtruT I l:W.:r m;.A.*^cn - PDOPi e ; 4f-T uotjknc>a? Ct-entd_e e Jigo- ful - L y ZE$\AUF ! X896\ oOdL A+dfJ i i,4140_ t4W cggAW C ro_e ro Get tl fad - L>`I 'SCttLdEt1 9.?'fcQ.. Pa'Cctl C?1i.:ht36 i?-oM P?RE.rtOJS Q.o©i: ;t,?l? - i2'EN1:Q?1E. 1i,(T?<-4y? R?ith PAf(,%A w LL - $j,AAP ovr WALL C® ACL04J_otAgi ttetnl. i u st,r?vQfi - i!apb, Ca6Lr TJ A>,D P+1ot1? J?.c+CS ,Mtit; . Satirt,?t? t?aJltfScAIQ P&AtNP-co A. 4C'efac- i.' ;rim a sC??1??.. \04 VA C guwc, jor alitlX anE S>IELVe?'?oeall,c - ??Cd?iOt? t?4QdL W'afal Nwu.??aO - ?2?.nA'rst? WW1 .A)J rILtL tt; O BAtU'SahG QrFi4tScL c?\t S.'t;'aQs?ai+?tsate _ it4?t4;t KjeV4 .?At1tf?, - ih{SSV?i{ y,"T144 (n*AtQn Qt?CF^tCic? ?p1? +10 l?kFai? {e6?? An1b t.A?vJ V1t.{is. ?l?aQ.. trCNEl!!-ti?it'-; 'Terms a? Cnntruct ? 3 ?r ? ?;c;,:? oc Co?taacr y ?., o?t+ ? 5;?•r2r oG. Jai ?+1>;Ao3??. t?v;- uPOr.1 t?wAFt,>wTtors 4x31 <_vs, ti=iQ. SxlitSi-A:LSion3 'Aff meitt7II?j ?wt to exme,b X 1 t 6 ??? .`? Al / VERIFICATION The undersigned hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 1 Charles A. Brophy Amy L. Brophy Date: January S , 2006 344329-1 CERTIFICATE OF SERVICE AND NOW, this CJ day of January, 2006, I, Jered L. Hock, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Complaint this day by depositing the same in the United States mail, postage :prepaid, in Harrisburg, Pennsylvania, addressed to: Joseph Schwarz 119 Hill Street Mount Holly Springs, PA 17065 By: 1 Jered L. oc „Esquire 344329-1 ' 1-.0 C ? O .l .? - TI { I _ ^i' f _ l?% -' _.. i??i l"-. - t CHARLES A. BROPHY and AMY L., BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant To: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: February 2006 KNAUSS & ERB, P.C. Esquire 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 346774-1 Attorney I.D. No. CHARLES A. BROPHY and AMY L., BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant A: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ME WICKERSHAM, KNAUSS & ERB, P.C. By' - Jered L. ck, Esquire Attorney I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: February I , 2006 346774-1 CERTIFICATE OF SERVICE AND NOW, this lt d y of February, 2006, I, Jered L. Hock, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Ten-Day Notice this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 By: 346774-I Jered L. Hock, Esquire c? ^' c, f__ - -*, ?-n a i'O V ?"? - -„r . ? __ ?.? N r' , - :?;? '? " ' "G . C: CHARLES A. BROPHY and AMY L„ BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of Plaintiffs Charles A. Brophy and Amy L. Brophy for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant was served with the Complaint on January 6, 2006, and Defendant's Answer was due to be filed on January 26, 2006. Attached as Exhibit A is a copy of Plaintiffs' written Notice of Default Judgment, which I certify was mailed by regular mail to the Defendant at his last known address on February 1, 2006, which is at least 10 days prior to the filing of this Praecipe. 0-0 Please assess damages in the amount of $8512 plus interest and costs, being the amount demanded in the Complaint. ME , WICKERSHAM, KNAUSS & ERB, P.C. By. Jered L. Hock, Esquire Attorney 1.D. No. 19211 3211 North Front Street P.O. Box 5300 Date: February 1 T , 2006 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 4V10- 347711-1 x?? ? r? ? CHARLES A. BROPHY and AMY L., BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant To: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED 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 IMPORTANU RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 KNAUSS & ERB, P.C. By: Date: February f , 2006 Jered L. Hock, Esquire Attorney I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 346774-1 CHARLES A. BROPHY and AMY L., BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant A: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED A VJSO IMPORTANTE LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PAPA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Were. Hock, Esquire Attorney I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: February -L, 2006 }46774-I CERTIFICATE OF SERVICE AND NOW, this ??day of February, 2006, I, Jered L. Hock, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Ten-Day Notice this day by depositing the same in the United States mail, postage prepaid, in Harrisburg. Pennsylvania, addressed to: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 Q:: By: Jered L. Hock, Esquire 346774-1 CERTIFICATE OF SERVICE 11 AND NOW, this day of February, 2006, I, Jered L. Hock, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Praecipe for Entry of Judgment of Default this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Joseph Schwartz, Defendant 119 Hill Street Mt. Holly Springs, PA 17065 By: 347711-1 Jered L. Hock, Esquire ._? ? ? ° , i i ?? . ? -n ' ? ?, ? o c- ?i ?? ? r - i ? . ?t ? , :' ? c ? °' u: .. i ? ? c ., .=t ? ?? ? ?, .. ? ?. { O r, CHARLES A. BROPHY and AMY L., BROPHY, Plaintiffs V. JOSEPH SCHWARZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6680 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jered L. Hock, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Interrogatories in Aid of Execution pursuant to Pa. R.C.P. 3117 in the foregoing action by first class mail, postage prepaid, this Sk: day of April, 2006, on the following: Joseph Schwarz 119 Hill Street Mount Holly Springs, PA 17065 Defendant METZGER WICKERSHAM KNAUSS & ERB, P.C. ? vUx?jC1 Cti Jered L. Hock, Esquire Supreme Court ID # 19211 PO Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 351337-1 . ,_? ? , ;.; `, ?: CHARLES A. BROPHY and AMY L., IN THE COURT OF COMMON PLEAS BROPHY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 2005-6680 Civil JOSEPH SCHWARZ, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF COUNSEL To the Prothonotary: Kindly withdraw our representation of Plaintiffs, who are proceeding pro se. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B Qy Jere-cTL. Hoc, Esquire Attorney I.D. No. 19211 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Date: 2??? 29 , 200 {v 369474-1 - U ? ..? r t , : xNi ? .?'" `- -.?.'o ...- CF '? , ?r?. ?? Y?J? -r .R; _..i CHARLES A. BROPHY and AMY L., IN THE COURT OF COMMON PLEAS BROPHY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 2005-6680 Civil JOSEPH SCHWARZ, : Defendant JURY TRIAL DEMANDED CONSENT TO WITHDRAWAL OF COUNSEL To the Prothonotary: We, Charles A. Brophy and Amy L. Brophy, Plaintiffs, hereby consent to the withdrawal of Metzger, Wickersham, Knauss & Erb, P.C., and all its attorneys, including but not limited to Jered L. Hock, Esquire, as our counsel in this matter, as, at this time, we are proceeding pro se. By: Charles A. Brophy, Pro e intiff C?? 4 L6P Amy L. Brophy, Pro Se Plaintiff 562 West Penn Street Carlisle, PA 17013 Date: , 200_ 369474-1 Q _- Y'1l?_ No. 2005-6680 Term, 2005 Charles & Amy Brophy 562 West Penn Street Carlisle, PA 17013-2236 Plaintiff VS. Joseph Schwarz dba L. S. Joseph Plumbing 119 Hill Street Mount Holly Springs, PA 17065 Defendant Praecipe for Writ of Execution r e O AJ b ,? h Q ~t `? o ? ;C S ? -y r IN THE COURT OF COMMON PLEAS OF 1C ,?k Ju OOUNTY, PENNSYLVANIA vs. a PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for in the above case. Date: 31 a b I?- NO. allb j -- "&-b ? -gnature/ID Number (I L ?-u '41 `1Q Y ` Print Name p ,o l h&/ Address -III C ?L M31 (6/02) r13 O rn -n r-a CD z WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLES A. BROPHY AND AMY L. BROPHY, Plaintiff (s) From JOSEPH SCHWARZ DBA L. S. JOSEPH PLUMBING, 119 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FCU - 1000 BRYN MAWR RD. CARLISLE, PA 17013 - BANK GARNISHMENT GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, dire suject to attachment is (3) If property of the defendant(s) not levied him/her that he/she has been added as a of anyone other than a named garnishee, you are garnishee and is enjoined as above stated. Amount Due $8,512.00 L.L. $.50 Interest $510.72 Atty's Comm % Atty Paid $90.75 Plaintiff Paid Date: MARCH 22, 2007 (Seal) REQUESTING PARTY: Name CHRISTINE A. HOLMAN, ESQUIRE Address: PO BOX 295 FRACKVILLE, PA 17931 Attorney for: PLAINTIFF Telephone: 570-668-3183 Supreme Court ID No. 61350 Due Prothy $2.00 Other Costs C is R. L thono By: Deputy JONES, BRENNAN & ASSOCIATES, INC. Legal Pioctessing, Juclgrnent Recover,)," Palient,Billing, A-. C o lec iion,s -: Mailing Address: PO Box 96 Tamaqua, PA 18252.9 Toll Free: 866-294-9777 ti4 570-668-3183 ? 570-668-3184 0'+ Fax: 570-668-3186 www.jba-inc.org March 5, 2007 Members First FCU 1000 Bryn Mawr Road Carlisle, PA 17013 l4 n5 u) er - RE: Interrogatories for bank garnishment against Joseph Schwarz dba L. S. Joseph Plumbing Civil Docket # 2005-6680 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, please search and list records to identify open accounts with balance due to customer as of date served by Sheriff. Account Number 20392-91 Balance $2 If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, please identify below. 3ranch Number Safe Deposit Box Number Please return responses to interrogatories promptly. i Sincer y Chris ' olman, quire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Members First FCU Plaintiff(s) Charles A. & Amy L. Brophy Petitioner(s) Jones, Brennan & Associates Case No. 2005-6680 Vs. Defendant(s) Joseph Schwarz dba L. S. Joseph Plumbing Respondent(s) Garnishee(s) Members First FCU Members First FCU (Questions Pursuant to 14 Pa C.S.A. Rule 3253) At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Answer: ? Yes R(No ? Denies knowledge or information sufficient to form a belief as to answer the question. 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owed solely or in part by the defendant(s)? Answer: 21"Yes 1 No ? Denies knowledge or information sufficient to form a belief as to answer the question. 3. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: R(Yes No ? Denies knowledge or information sufficient to form a belief as to answer the question. 4. At any time you were served or at any subsequent time, did you hold zas a fiduciary any property in which the defendant(s) had an interest? Answer: es V o ? Denies knowledge or information sufficient to form a belief as to answer the question. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: El es. The consideration was ? Denies knowledge or information sufficient to form a belief as to answer the question. 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: ? es No ? Denies knowledge or information sufficient to form a belief as to answer the question. 7. List accounts not subject to attachment Account(s) Reason for non subject to attachment Sincer t Christine A. Holman, Esquire Jones, Brennan & Associates ID #: 61350 PO Box 295 Frackville, PA 17931 570-668-3183 ?', -n ? ?1 ? ?5 " 5'?' C `. J^ " ti? J y/ +-?? "` V ^??? , :, _ ? ?+%'t' '`??? r '{"? r?? .?+?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Charles A. & Amy L. Brophy Docket No. 2005-6680 Plaintiff Joseph Schwarz dba L.S. Joseph Plumbing 119 Hill Street Mount Holly Springs, PA 17065 Defendant PRAECIPE TO ENTER JUDGMENT UPON GARNISHEE'S ANSWERS TO INTERROGATORIES Kindly enter judgment against Members First FCU, Garnishee, upon enclosed answers to interrogatories in the amount of $205.94, which is the amount indicated on garnishee's answers. Jones, Brennan & Associates PO Box 96 Tamaqua, PA 18252 570-668-3183 &I A MEMBERS 1St FEDERAL CREDIT UNION April 6, 2007 Christine A. Holman, Esq. PO Box 295 Frackville, PA 17931 RE: Writ of Execution for Joseph Schwarz DBA L.S. Joseph Plumbing Dear Ms. Holman, A search of our records has revealed two (2) savings, two (2) checking and one (1) supplemental savings account bearing the name Joseph Schwarz DBA L.S. Joseph Plumbing and Kristy Schwarz with an address of 119 Hill Street, Mt. Holly Springs, PA 17065. One savings account reflects an available balance of $20.69. One checking account reflects an available balance of $1.00. One supplemental savings account reflects an available balance of $0.21. The second savings account reflects a zero or less balance. The second checking account reflects an available balance of $184.04. Pursuant to the writ, I have frozen the account and restricted any further activity. Should you have any questions or need any additional information, feel free to contact Gretchen Woodward at (717) 697-1161 extension 397. Sincerely, Charles J. McBreen Security Manager Cc: Joseph Schwarz DBA L.S. Joseph Plumbing 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (717) 697-1161 • wwwmemberslst.org A I I@ MEMBERS 1St FEDERAL CREDIT UNION April 6, 2007 Joseph Schwarz 119 Hill Street Mt Holly Springs, PA 17065 RE: Account # 234623, 208929 Dear Mr. Schwarz: Please be advised that Members 1St F.C.U. has received a Writ of Execution and attachment from the Cumberland County Prothonotary. As a result of this judgment, Members 1St F.C.U. has placed an administrative hold on your savings account. The total amount being held is $205.94. This account is not accessible until such time as we receive further notification from the Plaintiff. Should you have any questions or need any additional information, please contact the attorney listed on the enclosed document and at the bottom of this letter. Respectfully, Charles J. McBreen Security Manager Cc: Christine A. Holman, Esq. PO Box 295 Frackville, PA 17931 (570) 668-3183 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (717) 697-1161 • wwwmemberslst.org JONES, BRENNAN & ASSOCIATES, INC. I epil I' oce.vsitzg, Judgrnenl Recove pT Allic lv .Rilhngg car Collect io s -:- Mailing Address: PO Box 96 Tamaqua, PA 18252 -:- Toll Free: 866-294-9777 -b 570-668-3183 :- 570-668-3184.8 Fax: 570-668-3186 www.jba-inc.org f March 5, 2007 ._., -n O Members First FCU k 1000 Bryn Mawr Road T"t Carlisle, PA 17013 A 1 :,5l0er j (?' C --C , RE: Interrogatories for bank garnishment against Joseph Schwarz dba L. S. Joseph Plumbing Civil Docket # 2005-6680 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, please search and list records to identify open accounts with balance due to customer as of date served by Sheriff. Account Number Balance 2C) 89 ZQ ) 23y(V23 X2.05. qq If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, please identify below. 3ranch Number Safe Deposit Box Number Please return responses to interrogatories promptly. Sincer y? Gam..-? Chris ' olman, squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Members First FCU Plaintiff(s) Charles A. & Amy L. Brophy Petitioner(s) Jones, Brennan & Associates Case No. 2005-6680 Vs. Defendant(s) Joseph Schwarz dba L. S. Joseph Plumbing Respondent(s) Garnishee(s) Members First FCU Members First FCU (Questions Pursuant to 14 Pa C.S.A. Rule 3253) 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Answer: ? Yes VNo ? Denies knowledge or information sufficient to form a belief as to answer the question. 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owed solely or in part by the defendant(s)? Answer: /Yes ? No O Denies knowledge or information sufficient to form a belief as to answer the question. 3. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: C1 Yes ? No ? Denies knowledge or information sufficient to form a belief as to answer the question. 4. At any time you were served or at any subsequent time, did you hold zas a fiduciary any property in which the defendant(s) had an interest? Answer: ? Yes C(No ? Denies knowledge or information sufficient to form a belief as to answer the question. 5. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: ? Yes. The consideration was E/No ? Denies knowledge or information sufficient to form a belief as to answer the question. 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: ? Yes CINo ? Denies knowledge or information sufficient to form a belief as to answer the question. 7. List accounts not subject to attachment Account(s) Reason for non subject to attachment Sincer t Christine A. Holman, Esquire Jones, Brennan & Associates ID #: 61350 PO Box 295 Frackville, PA 17931 570-668-3183 why .... r. G N , _, w ^4: ?; s, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Charles A. & Amy L. Brophy Docket No. 2005-6680 Plaintiff Joseph Schwarz dba L.S. Joseph Plumbing 119 Hill Street Mount Holly Springs, PA 17065 Defendant TO: Members First FCU Attn: Gretchen Woodward PO Box 40 Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Should you have any questions concerning the above, please contact: Jones, Brennan & Associates PO Box 96 Tamaqua, PA 18252 570-668-3183 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06680 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BROPHY CHARLES ET AL VS SCHWARZ JOSEPH And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:41 Hours, on the 28th day of March , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SCHWARZ JOSEPH hands, possession, or control of the within named Garnishee MEMBERS FIRST FCU 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to in the ANGELA BOHL (BSA FRAUD EXAMINER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: So a Docketing .00 `v Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 / 00 ? zlbY`Q 7. 03/29/2007 Sworn and Subscribed to f before me this day of By ' Deputy S r A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriff s Costs 89.87 Docketing 18.00 60.13 Poundage 1.77 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 04/30/08 Mileage 9.60 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 89.87 5I13 So Answers, R. Thomas Kline, Shenff c By 0°4 RAM L, 1 _?° I?cl2 1.3 815' L zd g gP- O?D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLES A. BROPHY AND AMY L. BROPHY, Plaintiff (s) From JOSEPH SCHWARZ DBA L. S. JOSEPH PLUMBING, 119 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FCU - 1000 BRYN MAWR RD. CARLISLE, PA 17013 - BANK GARNISHMENT GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,512.00 Interest $510.72 Atty's Comm % Atty Paid $90.75 Plaintiff Paid Date: MARCH 22, 2007 L.L. $.50 Due Prothy $2.00 Other Costs Curtis . Long, P(Seal) By: Deputy REQUESTING PARTY: Name CHRISTINE A. HOLMAN, ESQUIRE Address: PO BOX 295 FRACKVILLE, PA 17931 Attorney for: PLAINTIFF Telephone: 570-668-3183 Supreme Court ID No. 61350