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HomeMy WebLinkAbout06-3122RICKY L. BURKHOLDER and : IN THE COL CAROL ANN BURKHOLDER, husband : CUMBERLA and wife, Plaintiffs :No. Q 6 -3 VS. CIVIL ACTIC A. SCOTT JUNK and TAMMY L. JUNK, husband and wife, JURY TRIAL Defendants NOTICE TO: A. SCOTT JUNK and TAMMY L. JUNK, husband You have been sued in court. If you wish to defend ag; following pages, you must take action within twenty (20) days are served, by entering a written appearance personally or by a the Court your defenses or objections to the claims set forth ag you fail to do so, the case may proceed without you and a judg by the Court without further notice for any money claimed in t claim or relief requested by the Plaintiff. You may lose mone} important to you. OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL TERM - LAW wife, Defendants inst the claims set forth in the after this Complaint and Notice torney and filing in writing with ;inst you. You are warned that if nent may be entered against you ;e Complaint or for any other or property or other rights YOU SHOULD TAKE THIS PAPER TO YOUR L WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD O , GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT I YOU CAN GET LEGAL HELP. Cumberland County Bar Assoc 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 By Attorntl?s for LAW OFFICES Date: Jvnn 1 2006 SNELBAKER & BRENNEMAN, P.C. P.C. RICKY L. BURKHOLDER and CAROL ANN BURKHOLDER, husband and wife, Plaintiffs VS. IN THE COU T OF COMMON PLEAS OF CUMBERLA D COUNTY, PENNSYLVANIA No. 66-31-2:? CIVIL TERM CIVIL ACTIO A. SCOTT JUNK and TAMMY L. JUNK, husband and wife, JURY TRIAL Defendants COMPLAINT AND NOW, come the Plaintiffs, Ricky L. Burkholder; husband and wife, by their attorneys, Snelbaker & cause of action: PARTIES 1. The Plaintiffs herein are Ricky L. Burkholder a husband and wife, adult individuals, who reside at 157 Township), Cumberland County, Pennsylvania. 2. The Defendants herein are A. Scott Junk and adult individuals, who reside as follows: a. A. Scott Junk: 1 Hickorytown Road, Cumberland County, Pennsylvania. b. Tammy L. Junk: 155 Beetem Hollow Cumberland County, Pennsylvania. - LAW Carol Ann Burkholder, P.C., and aver the following Carol Ann Burkholder, Road, Newville (Penn L. Junk, husband and wife, (Middlesex Township), Newville (Penn Township), LAW OFFICES SNELEAKER a; BRENNEMAN, P.C. 3. The averments in paragraphs 1 and 2 of this Complaint are incorporated herein by reference thereto. 4. At all times relevant hereto, Plaintiffs were the pwners of certain real estate situated in Penn Township, Cumberland County, Pennsylvani4, having acquired the same on or about April 28, 1992, from Eli M. Dobrinoff, Jr., as more full described by deed recorded in the Office of the Recorder of Deeds in and for Cumberland Coun , Pennsylvania, in Deed Book "Q", Volume 35, Page 592. 5. Plaintiff Carol Ann Burkholder and Defendant Clammy L. Junk are sisters. 6. Defendants approached Plaintiffs to convey a Oortion of Plaintiffs' real estate aforesaid to Defendants in order to construct a residence for Defendants' use. 7. Plaintiffs caused a land subdivision plan to be krepared and approved as recorded in the Recorder's Office aforesaid in Plan Book 81, Page 59. 8. On or about September 8, 2000, Plaintiffs orall agreed to sell to Defendants a parcel of land described as Lot No. 5 on the land subdivision ?lan aforesaid, which land included an existing water well and on lot sewage disposal system, for the price or consideration of $25,000.00, which sum Defendants orally agreed to pay to Plaintiffs in 5 years with interest at the rate of 8% per annum from and after September 8, 2000, i? 59 consecutive monthly installments of $303.32 each, commencing on October 8, 200p, with a final installment consisting of the full unpaid balance of the price and accrued ?nterest to be paid to Plaintiffs on September 8, 2005. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 9. Plaintiffs conveyed said Lot No. 5 to Defend is by deed dated September 8, 2000, as recorded in the Recorder's Office aforesaid in Deed Book 230, Page 34. 2 10. Defendants failed to pay any amounts on acco t of the sale price and interest at any time. 11. Plaintiffs have demanded full payment of all ounts due under the agreement recited in paragraph 8 hereinabove, which Defendants have failed and refused to pay. 12. As of May 31, 2006, Plaintiffs are entitled to follows: a. Interest on $25,000.00 at 8% per 2000, to September 7, 2005: b. Interest on $25,000.00 at 8% per an 2005 to May 31, 2006 (265 days @ C. Unpaid balance of sale d. Interest at 8% per annum on $25,001 2006, until obligation is paid in full. WHEREFORE, Plaintiffs demand judgment against $36,452.05 as of May 31, 2006, plus (a) interest at 8% per 2006, until the obligation is paid in full, (b) post judgment action. 13. The averments of Paragraphs 1 through 12, incorporated herein by reference thereto. 14. The Plaintiffs' conveyance of the land ("Lot described in Count I above was not made to Defendants as a LAW OFFICES SNELBAKER & 15. Defendants secured a substantial benefit from BRENNEMAN, P.C. Plaintiffs which would be unconscionable for them to retain nages against Defendants as from September 8, $10,000.00 from September 8, 79452) $ 1,452.05 )n: $25,000.00 from June 1, fendants for the sum of nn on $25,000.00 from, June 1, rest and (c) the costs of this of this Complaint are 5") with its improvements as or gratuity. conveyance to them by payment therefor. a LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. 16. Defendants continue to use and possess the Ian ("Lot No. 5"). 17. Defendants have been unjustly enriched at the expense of the Plaintiffs in the amount of $36,452.05 as of May 31, 2006, and will continue t be enriched at the rate of $5.479452 per day thereafter. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $36,452.05 as of May 31, 2006 and $5.479452 per day there ter until paid in full, plus post- judgment interest and the costs of this action. The total claims of the Plaintiffs in this action, exclusi a of interest and costs, exceed the jurisdictional limits for mandatory arbitration in this Court. By BRENNEMAN, P.C. chard C. Snelbaker, Esquire 4 West Main Street P O. Box 318 IV. echanicsburg, PA 17055-0318 (-)17) 697-8528 ornevs for Plaintiffs 4 VERIFICATION I, CAROL ANN BURKHOLDER, one of the verify and certify that the facts set forth in the foregoing best of my knowledge, information and belief. I understand herein are subject to the penalties of 18 Pa. C.S. § 4904 authorities. Ann Dated:Jdor 1 , 2006 in the within action, hereby are true and correct to the any false statements made to unsworn falsification to LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, RICKY L. BURKHOLDER, one of the Plaintiffs, in the within action, hereby verify and certify that the facts set forth in the foregoing Complaint my knowledge, information and belief. I understand that any subject to the penalties of 18 Pa. C.S. § 4904 relating to L. Dated: June I , 2006 true and correct to the best of statements made herein are falsification to authorities. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 70 ?'' ? ? ? ? c „?-. ? , r? s ?-.,. ?... G1 ' ..,,y ? , d `?' `? W ^+S. o, ?' =`?,,;? i_3 (} Y ?C? _> ? ; „(i1 ?? ?? ts? ?=< j.. FFl S\ ATAMWG=M \Cmmt\12088.1.POs Created'. IMV05 9:50" Beviscd'. N20/M 3:42PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant A. Scott Junk RICKY L. BURKHOLDER and CAROL IN THE COURT OF COMMON PLEAS OF ANN BURKHOLDER, husband and wife Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. A. SCOTT JUNK and TAMMY L. JUNK, : NO. 06-3122 CIVIL ACTION - LAW husband and wife, Defendants JURY TRIAL DEMANDED TO: RICKY L. BURKHOLDER and CAROL ANN BURKHOLDER, Plaintiffs, and their counsel, RICHARD C. SNELBAKER, ESQUIRE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DEFENDANT A. SCOTT JUNK'S PRELIMINARY OBJECTIONS UNDER PA R.C.P. 1028fal(1) TO PLAINTIFFS' COMPLAINT AND NOW, comes A. SCOTTJUNK, by and through his attorneys, Martson Deardorff Williams & Otto, and hereby preliminarily objects as follows: On June 1, 2006, Plaintiffs filed a complaint seeking to collect an alleged debt against Defendants A. Scott Junk and Tammy L. Junk, his estranged wife. 2. The Sheriff s Office filed a Return of Service stating that service was made on June 8, 2006, to Cathy Kulick (Defendant A. Scott Junk's sister) at her home at 1 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania. OBJECTION 1 IMPROPER SERVICE OF COMPLAINT UNDER PA.RC.P. 402 4. Paragraphs 1 through 3 are incorporated herein as if fully set forth. Defendant A. Scott Junk is not and never has been a resident, nor is he employed at 1 Hickorytown Road, Carlisle, Pennsylvania, therefore service was improper under PA R.C.P. 402. PA. R.C.P. 402 (a)(2) states, in part, that original process maybe served "by handing a copy at the residence of the defendant to an adult member of the family with whom he resides..." Plaintiffs have failed to obtain service in this matter on Defendant A. Scott Junk. WHEREFORE, this Court is asked to sustain Defendant's Preliminary Objections on the ground of improper form of service under Pa.R.C.P. 402 and dismiss Plaintiffs' Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire PA Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant A. Scott Junk Date: June ?, 2006 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, anauthorized agent ofMartson Deardorff Williams & Otto, herebycertify that acopyofthe foregoing Defendant's Preliminary Objections to PlaintifFs Complaint wasservedthis date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 Ms. Tammy L. Junk 157 Beetem Hollow Road Newville, PA 17241 MARTSON DEARDORFF WILLIAMS & OTTO Y Tncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June JC.) 2006 n na ? l_- c? !J a G? M1? ? ,_::. I _. . .. ??? .. -! (? < N% KY L. BURKHOLDER and ZOL ANN BURKHOLDER, husband wife, Plaintiffs VS. SCOTT JUNK and TAMMY L. husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3122 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE ACCEPTING SERVICE OF COMPLAINT AND WITHDRAWING PRELIMINARY OBJECTION PROTHONOTARY OF CUMBERLAND COUNTY On behalf of A. SCOTT JUNK, a Defendant in the above captioned action, we hereby: (a) Enter our appearance; (b) Accept service of the Complaint as filed on June 1, 2006; and acknowledge receipt of a certified copy thereof, and (c) Withdraw Preliminary Objections as filed on June 20, 2006. MARTSON, DEARDORFF, WILLIAMS & OTTO By Uw?? 10 East High Street Carlisle, PA 17013 Attorneys for Defendant A. Scott Junk June Z W '2006 e" ECEIVEI JUN 2 6 2006 MDWr' 'w CERTIFICATE OF SERVICE TriciaD. Eckenroad, an authorized agent ofMartsonDeardorfl'Williams & Otto, herebycertify that a 4yofthe foregoing Praecipe was served this date by depositing same inthe Post OfEce at Carlisle, PA, class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 Ms. Tammy L. Junk 157 Beetem Hollow Road Newville, PA 17241 MARTSON DEARDORFF WILLIAMS & OTTO 0ncia D. Eckenroad 'Fen East High Street Carlisle, PA 17013 (717) 243-3341 Dated: X-,2006 ?; c? ?? ?-? -,? _ : ? .? _.. 4.... ?f_-1^. t t•?1.? `i7') [_: ?,1 ail ri y F:WILESOATAFILE\Gcmrel\Current\12088.2. ms.mlMm cl.a d'. {]/!0104 0?37PM Revi,M 7124106 0;42PM 10920.1 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 RICKY L. BURKHOLDER and CAROL ANN BURKHOLDER, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. A. SCOTT JUNK and TAMMY L. JUNK, NO. 06-3122 CIVIL TERM CIVIL ACTION - LAW husband and wife, Defendants JURY TRIAL OF TWELVE DEMANDED TO: PLAINTIFFS, and their attorney, SNELBAKER & BRENNEMAN, P.C., YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DEFENDANT A SCOTT JUNK'S ANSWER WITH NEW MATTER AND NOW, comes the Answering Defendant, A. Scott Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers the following: Admitted. 2(a-b). Admitted in part and denied in part. It is admitted that A. Scott Junk and Tammy L. Junk are husband and wife and adult individuals named in this lawsuit as Defendants. It is deniedthatthey live at the addresses set forth. By way of further response, Answering Defendant resides at 155 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania, and Defendant Tammy L. Junk resides with the Plaintiffs at 157 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. COUNT I - BREACH OF CONTRACT The averments in Paragraph 1 and 2 are incorporated herein by reference. 4. Denied. The document speaks for itself. 5. Admitted. 6. Denied. Plaintiffs offered to sell the real estate to Defendants in order for Defendants to construct a residence on the property. 7. The document speaks for itself. 8. Admitted in part and denied in part. It is admitted that Plaintiffs orally agreed to sell to the Defendants the parcel of land described as Lot 5 on the land subdivision plan, which land included an existing water well and lot sewage disposal system for the price of $25,000.00. It is denied that Defendants orally agreed to pay Plaintiffs in 5 years with interest at the rate of 8% per annum from and after September 8, 2000, in 59 consecutive monthly installments of $303.32 each, commencing on October 8, 2000, with a final installment consisting of the full unpaid balance of the price and accrued interest to be paid to Plaintiffs on September 8, 2005. 9. Denied. The document speaks for itself. 10. Denied. Defendants did make payments towards the sale price. 11. Denied. Plaintiffs never demanded full payment of all amounts due under the oral agreement. 12 (a-d).Denied as a conclusion oflaw. By way of further response, Plaintiffs have been paid in full. In addition, Defendants never agreed to pay interest on the consideration. WHEREFORE, Answering Defendant A. Scott Junk demands that the Court finds in his favor and dismisses Plaintiffs' Complaint with prejudice declaring that the consideration was paid in full for the real property and awarding him costs of suit and interest. COUNT II - UNJUST ENRICHMENT 13. The averments in Paragraph 1 and 12 are incorporated herein by reference. 14. Admitted. 15. Denied as a conclusion of law. 16. Denied. Answering Defendant currently resides on the property and Defendant Tammy Junk resides with Plaintiffs. 17. Denied as a conclusion of law. WHEREFORE, Answering Defendant demands that the Court finds in his favor and dismisses Plaintiffs' Complaint with prejudice declaring that the consideration was paid in full for the real property and awarding him costs of suit and interest. NEW MATTER 18. The averments in Paragraph 1 and 17 are incorporated herein by reference. 19. Plaintiffs' claims are barred by the applicable statue of limitations. 20. Plaintiffs have failed to mitigate damages. 21. The Complaint fails to state a claim upon which relief can be granted. 22. Plaintiffs' action against Answering Defendant is barred because offailure of consideration. 23. Plaintiffs' action against Answering Defendant is barred by the principle of laches. 24. Plaintiffs' action against Answering Defendant is barred by the doctrine of waiver. 25. Plaintiffs' action against Answering Defendant is barred by the doctrine of estoppel. WHEREFORE, Answering Defendant demands that the Courtfinds in his favor and dismisses Plaintiffs' Complaint with prejudice declaringthat the consideration was paid in full for thereat property and awarding him costs of suit and interest. MARTTS?SONNDDEARDORFF WILLIAMS & OTTO ay(. ?G 5 let Christopher E. Rice, Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: July ?' ? , 2006 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 that the content of the document 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. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Plaintiffs Tammy L. Junk 157 Beetem Hollow Road Newville, PA 17241 MARTSON DEARDORFF WILLIAMS & OTTO Mary I rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July,, ?, 2006 ? r -? KY L. BURKHOLDER and 20L ANN BURKHOLDER, husband wife, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.06-3122 CIVIL TERM CIVIL ACTION - LAW SCOTT JUNK and TAMMY L. NK, husband and wife, Defendants JURY TRIAL DEMANDED REPLY TO DEFENDANT A. SCOTT JUNK'S NEW MATTER AND NOW, come Plaintiffs by their attorneys, Snelbaker & Brenneman, P.C., and reply to Defendant A. Scott Junk's New Matter as follows: 18. Paragraph 18 of Defendant's New Matter should be stricken as improperly requiring a reply to an Answer which does not constitute pleading in compliance with the Pennsylvania Rules of Civil Procedure. To the extent a response would be permissible, the allegations of Defendant's Answer are denied as if set forth in this paragraph seriatim to the extent the same are contrary to any averment in the Complaint. 19. The content of paragraph 19 is a conclusion of law to which no response is required and, therefore, is deemed to be denied. 20 The content of paragraph 20 is a conclusion of law to which no response is required and, therefore, is deemed to be denied. 21. The content of paragraph 21 is a conclusion of law to which no response is required and, therefore, is deemed to be denied. 22. The content of paragraph 22 is a conclusion of law to which no response is LAW OFFICES SNELBAKER & BRENNEMAN, P.C. required and, therefore, is deemed to be denied. 23. The content of paragraph 23 is a conclusion of law to which no response is required and, therefore, is deemed to be denied. 24. The content of paragraph 24 is a conclusion of law to which no response is and, therefore, is deemed to be denied. 25. The content of paragraph 25 is a conclusion of law to which no response is 3 and, therefore, is deemed to be denied. WHEREFORE, Plaintiffs respectfully request the Court to dismiss the answering New Matter and enter judgment against the Defendants as requested in Plaintiffs SNELBAKER & BRENNEMAN, P.C. sy chard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Dated: August 8 , 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, CAROL ANN BURKHOLDER, one of the Plaintiffs, in the within action, hereby verify and certify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Carol Ann Burkholder Dated: August 8 4 , 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, RICKY L. BURKHOLDER, one of the Plaintiffs, in the within action, hereby verify certify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. kicky L. Burkholder Dated: August g th , 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. .CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, ESQUIRE, hereby certify that I have on the below date, a true and correct copy of the foregoing Reply to Defendant A. Scott Junk's New Matter be served upon the persons and in the matter indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Christopher E. Rice, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 Richa?d C. Sne aker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiffs Dated: August j o, 2006 LAN OFFICES SNELSAKER & BRENNEMAN, P.C. mfr, c ui4 G? p M x• a N cn RICKY L. BURKHOLDER and CAROL ANN BURKHOLDER, husband and wife, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.06-3122 CIVIL TERM CIVIL ACTION - LAW A. SCOTT JUNK and TAMMY L. JUNK, husband and wife, Defendants JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT UPON DEFAULT TO: PROTHONOTARY OF CUMBERLAND COUNTY The undersigned hereby certifies that notice of intent to file this praecipe pursuant to Pa. R.C.P. 237.1 (a true copy of which is attached hereto) was served upon Tammy L. Junk, a Defendant herein, by sending the same by first-class mail on July 5, 2006, addressed as indicated on the attached copy of notice. Defendant Tammy L. Junk has failed to file a pleading to Plaintiffs' Complaint (which contained the required notice to plead) within the time for such filing and within the time specified in the attached notice. As averred in Plaintiff's Complaint, the following amounts are due as of the date hereof: Payment demanded as of May 31, 2006: $36,452.05 Interest at the rate of 8% per annum from June 1, 2006, to date: 465.75 Total due to date: LAW OFFICES Please enter judgment against Tammy L. Junk, a Defendant herein, in the amount of II SNELSAKER & BRENNEMAN, P.C. 17.80 plus interest continuing hereafter at the rate of 8% per annum and the costs of this SNELBAKER & BRENNEMAN, P.C. By 2' - char C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Dated: August 24, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. KY L. BURKHOLDER and tOL ANN BURKHOLDER, husband wife, Plaintiffs VS. CIVIL ACTION - LAW SCOTT JUNK and TAMMY L. husband and wife, TAMMY L. JUNK (Defendant) 155 Beetem Hollow Road Newville, PA 17241 of Notice: July 5, 2006 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.06-3122 CIVIL TERM 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 (10) 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 BOUT AGENCIES THAT MAY OFFER LEGAL SERIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 l W OFFICES SNEL13AKER & BRENNEMAN, P.C. cc: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17101 SNELB R & 13MAN, P.C. By '?"-- Richaz . Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, ESQUIRE, hereby certify that I have on the below date, a true and correct copy of the foregoing Praecipe to Enter Judgment Upon Default to be served upon the persons and in the matter indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 Christopher E. Rice, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 zez, ?? Ric d C. nelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiffs LAW OFFICES Dated: August 24, 2006 SNELBAKER & BRENNEMAN, P.C. © r' S? cs SHERIFF'S RETURN - REGULAR CEASE NO: 2006-03122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURKHOLDER RICKY L ET AL VS JUNK A SCOTT ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUNK A SCOTT the DEFENDANT , at 1039:00 HOURS, on the 8th day of June 2006 at 1 HICKORYTOWN ROAD CARLISLE, PA 17013 by handing to CATHY KULICK, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.40 t'•? ,??.? .39 10.00 R. Thomas Kline .00 32.79V 06/14/2006 SNELBAKER BRENNEMAN By ?'" day Deput She f A. D. SHERIFF'S RETURN - REGULAR LASE NO: 2006-03122 P COMMONWEALTH OF PENNSYLVANIA: r COUNTY OF CUMBERLAND BURKHOLDER RICKY L ET AL VS JUNK A SCOTT ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUNK TAMMY L the DEFENDANT at 1934:00 HOURS, on the 13th day of June 2006 at 157 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 by handing to ..ri TAMMY L. JUNK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 9.68 00 10.00 R. Thomas Kline .00 25.68 ? 06/14/2006 SNELBAKER BRENNEMAN 7 . / 7 -oG By: day D p ty eri of A. D. RICKY L. BURKHOLDER and IN THE COURT OF COMMON PLEAS OF CAROL ANN BURKHOLDER, husband CUMBERLAND COUNTY, PENNSYLVANIA and wife, Plaintiffs No.06-3122 CIVIL TERM vs. : CIVIL ACTION -LAW A. SCOTT JUNK and TAMMY L. JUNK, husband and wife, JURY TRIAL DEMANDED Defendants PRAECIPE AUTHORIZING ENTRY OF JUDGMENT TO: PROTHONOTARY OF CUMBERLAND COUNTY I, A. SCOTT JUNK, a Defendant in the above captioned matter, do hereby withdraw and I cancel all defenses in the above captioned action and hereby authorize the Prothonotary to enter against me and in favor of the Plaintiffs for the amount averred in Plaintiffs' omplaint, to wit: $36,452.04 plus (a) interest on $25,000.00 at 8% per annum from June 1, until the obligation is paid in full, and (b) the costs of this action. by: lartson, Deardorff, Williams & Otto ,y C ?- ? ?f Christopher E. Rice 0 East High Street 'arlisle, PA 17013 Attornevs for Defendant A. Scott Junk LAW OFFICES SNELBAKER & BRENNEMAN, P.C. h 0 G .ems; v ra Pn ca r? nip; ? ?rn RECEIVED FEB 12 2007 RICKY L. BURKHOLDER and CAROL ANN BURKHOLDER, Plaintiffs VS. A. SCOTT JUNK and TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-3122 CIVIL TERM Defendants PRAECIPE TO RELEASE PERSONAL LIABILITY OF DEFENDANT A. SCOTT JUNK : PROTHONOTARY OF CUMBERLAND COUNTY Please mark the record of the judgment entered in the above action to show that the laintiffs do hereby release Defendant A. Scott Junk of and from all personal liability to for the financial obligation documented by said judgment. SNELBA54 & BRENNEMAN, P.C. By ichar. . Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Ricky L Burkholder and Carol Ann Burkholder January 8, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. vi ,CA t? W r h D ?n r , - - r 1 RICKY L. BURKHOLDER and : IN THE COURT OF COMMON CAROL ANN BURKHOLDER PLEAS OF CUMBERLAND Plaintiffs COUNTY, PENNSYLVANIA V. A. SCOTT JUNK and NO.2006-3122 CIVIL TAMMY L. JUNK, Defendants AGREEMENT TO SUBORDINATE LIEN OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS That RICKY L. BURKHOLDER, and CAROL ANN BURKHOLDER, for valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, and intending to be legally bound hereby, agree that the Judgment dated August 24, 2006, in the original amount of $36,917.80 plus interest and costs as to Defendant Tammy L. Junk and dated February 16, 2007 in the original amount of $36,452.04 at 8% per annum and costs as to Defendant A. Scott Junk, duly recorded in the Office of the Prothonotary of Cumberland County, Pennsylvania to Docket #2006-3122 which said Judgment constitutes a lien upon all property owned by Defendants, including but not limited to real estate owned by Defendants located at 155 Beetem Hollow Road, Newville, Penn Township, Cumberland County, Pennsylvania SHALL BE SUBORDINATE in. lien, priority and distribution to a certain Mortgage upon said premises, dated January 8, 2008, granted by Tammy L. Junk, Mortgagor, in favor of F&M Trust Company of Chambersburg, Mortgagee in the amount of Ninety-five Thousand Dollars ($95,000.00) and intended to be recorded in the Office of the Cumberland County Recorder of Deeds, Pennsylvania and that the lien of the Judgment as aforesaid, shall in all respects be and be deemed to be a SECOND LIEN on said real estate. Date- J2nuat W 8., 2=8 Date: ,1a8 r?ae9 Carol Ann Burkholder •. r COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND) On this, the 8 h day of January, 2008, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared Ricky L. Burkholder and Carol Ann Burkholder, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. &q'i' K'4a? Notary Public COMMONWEALTH OF POMVSYLVANW NobvW Sod Sondra K Showers, NoWy Pubic MK rorrk*n Som, Qmbadend Cm* My CAmmftbn E*kw Nw. ?t, 7011 Msrnbar, ftmOvanfa Assoda#w of Noto's LAW OFFICES SNELBAKER & BRENNEMAN, P.C. v Q O V? w , coo a G -x-' Q f N