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HomeMy WebLinkAbout02-3891F/FI LES/DATAFI LE\Gendoc cur/9046 eom/cee Created: 08/08/02 0254:48 PM Revised: 08/14/02 04:36:25 PM MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I]7 YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: August\z, 2002 Carl C. Risch PA Attorney ID 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- COMPLAINT AND NOW, comes the Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, is a Pennsylvania professional corporation with its principal place of business at 10 East High Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants, Michael J. Janesko and E. Jade Janesko, his wife, are adult individuals residing at 3966 Enola Road, Newville, Cumberland County, Pennsylvania, 17241. 3. On or about November 3, 1997, Plaintiff sent Defendants a confirmation of engagement letter specifying fees for professional services at $125.00 per hour, with fractions of hours computed in per/ods of not less than one tenth of an hour. In addition, the fees and costs were to be paid within thirty days of Defendants' receipt of a monthly bill. A copy of the November 3, 1997 letter is attached hereto as Exhibit "A." 4. Plaintiff provided professional legal services to Defendants Michael J. Janesko and E. Jade Janesko from on or about October 31, 1997 to on or about February 1, 2001. 5. Plaintiff billed Defendants for these various professional services rendered on their behalf in the amount of $18,368.13. 6. The outstanding balance of$18,368.13 represents the reasonable and necessary value of the services provided to Defendants and which Defendants have yet to pay. Copies of the invoices are attached hereto as Exhibit "B." 7. A portion of the outstanding balance, specifically $12,164.85, is secured by a "Demand Note," dated July 9, 1999 and attached hereto as Exhibit "C." 8. The remainder of the outstanding balance, $6,203.28, represents the balance of the unpaid bills. Copies of the invoices are attached hereto as Exhibit "B." 9. On or about August 5, 2002, Plaintiff sent a final demand letter requesting immediate payment of $18,368.13 within five (5) days of Defendants' receipt of the letter. A copy of the August 5, 2002 letter is attached hereto as Exhibit "D." 10. As of the date of this Complaint and despite repeated demands for payment, Defendants have not paid the outstanding balance of $18,368.13. COUNT I FAILURE TO SATISFY NOTE 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 of this Complaint. 12. Defendants failed to satisfy their obligation under the Note dated July 9, 1999 which sets forth that Defendants unconditionally promise to pay $12,164.85 to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $12,164.85 plus pre-judgment and post-judgment interest and costs. COUNT II BREACH OF CONTRACT FOR PROVIDING PROFESSIONAL SERVICES 13. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 12 of this Complaint. 14. Defendants breached an expressed or implied agreement to pay the reasonable value of the professional services rendered. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $18,368.13 plus pre-judgment and post-judgment interest and costs. COUNT III QUANTUM MERUIT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Defendants are liable to Plaintiff and/or have been unjustly enriched in the amount of $18,368.13 plus pre-judgment and post-judgment interest and costs. WHEREFORE, Plaintiffdemands judgment against Defendants in the amount of$18,368.13 plus pre-judgment and post-judgment interest and costs. Date: August ,2002 Respectfully submitted, MART~ WILLIAMS 133, ~~ Carl C. Risch PA Attorney ID 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 & OTTO Attomeys for Plaintiff VERIFICATION Ivo V. Otto, Ili, Esquire, who is Treasurer of MARTSON DEARDORFF WiLLIAMS & OTTO and acknowledges that he has the authority to execute this Verification in behalf of MARTSON DEARDORFF WILLIAMS & OTTO certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent that the document 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. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. MARTSON DEARDORFF WILLIAMS & OTTO Ivo V. Otto, ~T, Esquire Treasurer Exhibit A J~.TTOR~EYS AND COUNSELLORS AT LAW Tra, t ~ HmH Sa-e~m' Cn~us~, P~N~S~VA.'qm 1701~ November 3, 1997 (717) 243-334 (717) 243-1850 mdwo~mdwo.com Mr. Michael J. Janesko Ms. E. Jade Janesko 3966 Enola Road Newviile, PA 17241 Re: Confirmation of Engagement; Our File No. 9046.1 Dear Mr. Janesko and Ms. Janesko: All attorneys licensed by the Supreme Court of Pennsylvania are required to have a written agreement with clients as to the basis of their representation. To fulfill this requirement, this letter is to cotd~m that you have retained us to represent you in a law suit filed against you in the Court of Common Pleas of Cumberland County, Pennsylvania, by Carrie E. Roush. Additionally, you have retained us to assist you in investigating whether you are capable of constructing a right-of-way under applicable laws of the Commonwealth. Because offlae uncertainties surrounding litigation, we are not in a position to quote you an exact fee for these professional services. Our fees for professional services are $125.00 per hour, with ~actions of hours computed in periods of not less flum one tenth of an hour, taking into account interruption of other work. Our fees and costs will be itemized and billed to you on a monthly basis, with payment due within thirty days. Any out-of-pockat expense directly atlhbutable to your matter, including travel expenses, will be charged to you at cost, in addition to our fees. In retaining us, you have provided us with an advance payment of $1000.00 which will be used to offset our initial fees. ffyou have any questions about this engagement, please contact me by telephone. We are pleased to represent you in this matter and we assure you that we will pursue this matter as diligently and expeditiously as possible. Very traly yours, Enclosure C~I C. Risch ' & OTFO EXHIBIT A INFORMATION * ADVICE ~' ADVOCACYs~ Exhibit B ~ ~-~RT~ON DEARDORFF ~?'ILLIAM$ ~1' OTTO C,~tt.ls~, P~-i~'NS'~VANIA 1701.3 "f~O~ (?1~) ~*.~41 FACSL*m'I.~ 0'17) 24~-1850 IN'rr~u~eT v,'ww, mdwo.com T~x lDn, mnc. A-noN NtndsFa~ 23-2002197 December 1, 1999 Billed through 12/01/99 Invoice No. Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 9046-00004-003 BTW RE: Bankers Trust Foreclosure FOR PROFESSIONAL SERVICES RENDERED tl/10/99 L1/15/9'9 BTW [1/17/99 BTW L1/18/99 BTW .1/19/99 BTW 1/29/99 STW Draft letter to Attorney Urden regarding satisfaction piece. Draft correspondence to Attorney Winl%eg regarding closing-requirements. Prepare Mortgage Reformation Agreement; Telephone conference with Attorney Winneg regarding mortgage pay-off. Telephone conference with Attorney Adler regarding terms of Mortgage Reformation Agreement; Revise reformation agreement; Telephone conference with Attorney Udren's office regarding payoff. Review Notice from Attorney Udren's office; Telephone conference with Attorney Udren's office. ILLING SUMMARY . 525.00 TOTAL 'FEES 525.00 EXHIBIT B INFORMATION · ADVICE · ADVOCACY,, DEA. RDORFF WILLIAMS 6ff OTTO PAGE 2 Trd~ Emr I~G~ ~ Prd, n,m~v~r~A 17013 T~:~-ON£ {?17} 243-3341 FAC~IMILt (71~) 243-1850 IbrFERNL~ WW~'. mdveo.com TAX lDrm'rrncA'rloN Ntn, m.~ 23-2002197 Mr. and Mrs. Michael J. Janesko Invoice No. 9046~00004a003 BTW TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE $ $ $ 525.00 575.00 1,100.00 THANK YOU INFORMATION · fl..DV1CE '" ADVOCACYs''' iVIARTSQN DEARDORFF '~(~ILLIAM$ ~ OTTO T.~-~ FAST l~o. C.~sst~ PmN~m.v.~tA 1 ?013 T~.t.rd~to~E {7]?) 243-3341 ~ www. mdwo.com TAX I ~*W~'n~IC.A'n O~ Nt ~a n~.~* 23-2002197 Billed Invoice No. Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 March 13, 2000 through 03/13/00 9046-00004-007 BTW RE: Bankers Trust Foreclosure FOR PROFESSIONAL SERVICES RENDERED I2/06/99 STW 12/07/99 BT~ Telephone conferences with Mrs. Janesko regard±ng Tax Sale on 3960' Enola Road scheduled for December 7, 1999; Telephone conference with Tax Claims Office; Office conference with Ms. Alleman regarding Tax Sale and Promissory Note for Express Financial Services, Inc. Office conference with Mrs. Janesko; Telephone conferences with Mr. Heisey and. Mr. Heineman regarding forbearance of Tax Sale. DISBUI~SEMENTS Xerox copies of mortgages BILLING SUMMARY $ 112.50 6.00 $ 6 .oo TOTAL FEES $ 112.50 INFORMATION " A. DVICE " ADVOCACYTM DEARDORFF ~rlLLIAMS ~X OTTO PAGE 2 Mr. and Mrs. Michael J. Janesko Invoice No. 9046-00004-007 BTW TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL NET BALANCE FORWA/~D TOTAL BALANCE NOW DUE $ 6.00 $ 118.5o $ 1, I00. O0 $ 1,218.50 THANK YOU INFORMATION · ADVICE ' ADVOCACY~ · ~IARTSON DEARDORFF '~ILLIAM~ ~ OTTO MDW&O November 9, Billed through I~voice No. ~r. and Mrs, Michael 3966 Enola Road Newville, PA 17241 J. Janesko 1999 li/09/99 9046-00004-002 BTW RE: Bankers Trust Foreclosure FOR PROFESSIONAL SERVICES RENDERED 07/09/99 07/23/99. 07/26/99 07/28/99 07/29/99 08/02/99 08/05/99 08/09/99 08/30/99 09/22/99 10/11/99 10/12/99 BTW .Office conference with Mr. and bits. Janesko regarding foreclosure action. BTW Telephone conference with Attorney Wennig regarding extension to file answer to complaint. BTW Telephone conference with Attorney Wennig regarding status of foreclosure; Telephone conference with Mr. and Mrs. Janesko BTW Prepare Answer to Complaint; Telephone conference with Mrs. Janesko regarding Answer to Complaint. BTW File Answer to Complaint. BTW Telephone conference with Mrs. Janesko regarding cancelled checks and verifications, BTW Telephone conference with Mrs. Janesko regarding cancelled checks, foreclosure and refinancing. BTW Office conference with Mr. and Mrs. Janesko regarding canceled checks and verifications to Answer. BTW Review Motion fOr Summary Judgment filed by Bankers Trust Company of California, M.A.; Draft correspondence to Mr. and Mrs. Janesko. BTW Telephone. conference with Mrs. Janesko BTW Telephone conference with Attorney Winneg regardin~ statue of summary judgment. BTW Prepare Brief in Opposition to Motion for Summary Judgment; Telephone conference with Mrs. Janesko regarding absence of proof of payment and consequences; Telephone conference with Attorney Flower regarding oral argument INFORMATION ' ADVICE ' ADVOCACYsM PAGE 2 Mr. amd Mrs. Michael J. Janesko Invoice No. 9046-00004-002 BTW Attend and participate in oral argument.in opposition to Plaintiff's Motion for Summary Judgment. BILLING SUMMARY $ 575.00 TOTAL FEES TOTAL CHARGES FOR THIS BILL $ 575.00 $ 575~00 THANK YOU INFORMATION · ~DVICE ' ~DVOCACY'" MART$ON DEARDORFF "~f/'ILLIAM$ ~S~ OTTO TF.~ F. Avr H~H $'n~=-r CARUSLr~ Pn,~SYLVANIA 17013 TnL~.mo~ [717) 243-3341 FACSIMILE (717) '243-1850 ~L~F www. mdwo.com T~c ]D~TION NUMBER 23-2002197 Billed Invoice No. Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 November 9, through 1999 /09/99 9046-00003-004 BTW RE: Crown America LeaSe FOR PROFESSIONAL SERVICES RENDERED 04/20/99 ~CR 04/21/99 CCR 04/27/99 CCR Conference with Mrs. Janesko; Telephone conferences with Crown American representative regarding mall lease Telephone with Mrs. Janesko regarding lease dispute. Telephone conference with Janesko regarding lease dispute. BILLING SUb94ARY $ 362.50 TOTAL FEES TOTAL CHARGES FOR THIS BILL 362.50 362.50 THANK YOU INFORMATION · ADVICI~ · ADVOCACys~ MARTSON DEARDORFF WILLIAMS ~ OTTO MDW&O TEN EAST HIGH CAR~StE, P~LV~A 17013 TELEI'HON~ (717) 243-3~1 F~CSt~tE (71~ 243-1850 I~ET T~ ID~I~ON N~n~ 23-2002197 'AuguSt 9, 2000, Billed through 08/09/00 Invoice No. 9046-00005-011 BTW Mr. and Mrs. Michael J. 3966 Enola Road Newville, PA 17241 Janesko RE: Sale of 3960 Enola Road, Newville (Robert and Cheryl Brayton) FOR PROFESSIONAL SERVICES RENDERED 11/30/99 BTW 12/01/99 BTW 12/13/99 BTW 12/14/99 BTW 12/22/99 BTW o /o5/oo MAD 01/05/00 Ivo 0 /07/00 BTW 01/21/00 BTW Telephone conferences with Attorney Udren'a office and Attorney Adler Prepare correspondence to Attorney Adler and Mr. and Mrs. Janesko regarding sale of 3960. Telephone conference with Mr. Heineman regarding status of closing. Office conference with-Ms. Alleman regarding .preparation of deed; Telephone conference with Attorney Adler regarding status of closing. Office conference with Ms. Alleman regarding status of settlement; Telephone conference with Attorney Winneg and Mr. Helneman regarding status of settlement. Conducted title work and title search on two parcels of property at Courthouse re: property subject to foreclosure actions and various right-of-ways. prepare ROW and ROFR Agreement; Telephone conference with attorney Adler; follow up with BTW Telephone conference with Attorney Adler regarding right-of-way and first refusal agreement. Draft letter to Mr. and Mrs. Janesko regarding potential foreclosure action by UC Lending against 3966 Enola Road; Prepare Release of Lien of Mortgage. $ 987.50 INFORMATION ' ADVICE ' ADVOCACYs''~ MARTSON DEARDORFF WILLIAMS ~ OTTO MDW O PAGE C.~RLISLE, PF3qNSYLVAN~A 17013 T~o~ (71~ 243-3341 FACS~I~ (717) 24~!850 Nr. and ~rs. ~ichael a. ganesko Invoice No. 9046-00005-011 ~ DIsBURsEMENTS Federal Express 12/31/99 'Xerox copies from courthouse of mortgagesatisfaction Xerox copies of mortgage Xerox copies of docket entries BILLING SUMMAR~ judgments and 23.00 2.50 ~50 2.00 $ 28.00 TOTAL FEES TOTAL DISBURSEMENTS TOTAL cHARGES FOR THIS BILL $ 987.50 $ 28.00 $ 1,015 . 50 THANK YOU INFORMATION · ~kDVICE ' ADVOCACY~ J~VIARTSON DEARDORFF ~'ILLIAMS ~S~ OTTO MDW O February-5, Billed Invoice No. Mr. and Mrs. Michael J. 3966 Enola Road Newville, PA 17241 Janesko 2001 through 02/05/01 9046-00000-030 RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 01/30/01 TJW 01/31/01 TJW 02/o~/01 TJW Prepare for tomorrow's argumemt Attend argument court in Pennsylvania Superior Court in Harrisburg Report letter to clients regarding yesterday's argument DISBURSEMENTS Parking tolls BILLING SUMMARY $ 1,020.00 A.O0 $ 4.00 TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE $ 1,020.00 $ 4.00 $ 1,024.00 $ 14,747.63 $ 15,771. 63 THANK YOU INFORMATION " ADVICE ADVOCACYs" MART'SON DEARDORFF WILI.IAM?, ~ OTTO MDW&O TEN E~T HIGH STREET CARLI$~, PENN$¥LV^NIA 17013 T~d.£P~OH£ (717) 243-3341 FACSiM~L~ (717) 243-1850 TAX ID~tCnF~CA'nOt~ NUMbeR 23-2002197 Invoice No. November 20, 2000 Billed through 11/20/00 9046-00000-026 BTW Mr. and Mrs. Michael J. 3966 Enola Road Newville, PA 17241 Janesko Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 10/30/00 BTW 10/31/00 BTW 11/Ol/OO 'rw 11/02/00 BTW Prepare appellate brief. Prepare appellate brief. Prepare brief. Prepare appellate brief; Office conference with Ms. Decker regarding same; Prepare correspondence to Mr. and Mrs. Janesko regarding status of case. BILLING SUMMARY $ 1,550.00 TOTAL FEES TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE $ 1,550.00 $ 1,550.00 $ 13,197.63 $ 14,747.63 THANK YOU A D V I C E MARq'SON DEARDORFF ~;ILLIAM$ & O~TO MDW&O Ts~ E./,s'r H~G. C/t~t.tsu!, Pr~'~SV~V~.NL*. 17013 Trlep~ONE {71~ 243-3341 Ft~x~ (71~ 243-1850 T~ loose, oN N~B~ 23-2~2197 October 24, 2000 Billed through 10/24/00 Invoice No. 9046~00000-023 ETW Mr. and Mrsl Michael J. 3966 Enola Road Newville, PA 17241 Janesko RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 08/09/00 BTW 10/09/00 BTW Ascertain copy of record to confirm inclusion of seller's disclosure statement and D.E.W. & Sons septic tests. Review appellate brief. BILLING S~Y 187.50 TOTAL FEES TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE $ $ $ 187.50 187.50 13 , 010 . 13 13, 197.63 THANK YOU INFORMATION - ADVICE · ADVOCACY~'~ MARl'SON DEARDOR. FF WILLIAMS ~ OTTO MDW&O TEN EAST HIGI-I STRImT CAKLZ~LEs PENNSYLVANIA 17013 TELEPHONE {717) 24~3341 FACStM;~ (717) 243-1850 T~ ID~iR~N NUMAR 23-2002197 August 9, 2000 Billed through 08/09/00 Invoice No. 9046-00000-020 BTW Mr. and Mrs. Michael 3966 Enola Road Newville, PA 17241 J. Janesko RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 07/10/00 BTW 08/04/00 BTW Draft correspondence to'Mr, and Mrs. Janesko regarding plaintiff's Notice of Appeal. Review documents filed by Plaintiff in Superior Court. BILLING SUMMARY $ 62.50 TOTAL FEES TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL B/ULANCE NOW DUE $ 62 . 50 $ 62 .50 $ 12, 947.63 $ 13, 010.13 THANK YOU [NIFORMATION · ADVICE · ADVOCACYTM MAI~T$ON DEARDORFF ~,/ILLIAM$ & OTTO .June 12, 2000 Billed through 06/12/00 Invoice No. 9046-00000-018 BTW Mr. and Mrs, Michael J. 396~ Enola Road Newville, PA 17241 Janesko RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 06/05/00 BTW Review Opinion and Order denying Plaintiff's Post-Trial Motions; Draft correspondence to Mr. and Mrs. Janesko regarding same. BILLING SUMMARY 25.00 TOTAL FEES $ 25.00 TOTAL CHARGES FOR THIS BILL S- NET BALANCE FORWARD $ TOTAL BALANCE NOW DUE $ 25.00 12,922.63 12,947.63 THANK YOU INFORMATION , .ADVICE , ADVOCACY~'~ _I%.'I~RTSON DEARDORFF '\Y, YlI. LIA. M$ & OTTO' April 10, 2000 Billed through 04/10/00 Invoice No. Mr. and Mrs. Michael J. Janesko 3966 Enola Road Ne~ville, PA 17241 9046-00000-015 BTW RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 03/21/00 )3/27/00 4/03/00 BTW Review Order regarding Rule to Show Cause; Draft Correspondence to Mr. and Mrs. Janesko regarding same. Telephone conference with Mrs. Janesko regarding response to petition to open trial record; Dictate response to Plaintiff's'Petition to Open Trial Record. PrePare correspondence to Mr. and Mrs. Janesko regarding credit report error, reporting year for saie of 3960 Enola Road, and Roush Petition to Open Trial Record. Revise Answer to Petition to Open Trial Record; Telephone conference with Mrs. Janesk0 to confirm accuracy of response. ILLING SUMMARY 275.00 TOTAL FEES 275.00 INFORMATION ' ADVICE · ADVOCACySM ~ E~sr Hm, C,o.u$1.ru P~NSrtVAN~A 1701.~ ' TE. tEPI~ONE {'/17) 243-3341 FACS/~,IILE {717) 243-18'J0 ]N'rF.a~EI' ww'w. mdwo.com T,~x Ioz~rnF,c. Ano. NUMSlm 23-2002197 March 13, 2000 Billed through 03/13/00 Invoice No. 9046-00000-014 Mr. and Mrs. Michael J. 3966 Enola Road Newville, PA 17241 Janesko BTW RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 12/14/99 BTW 02/04/00 BTW 02/05/00 BTW 02/06/00 BTW 02/10/00 BTW 02/11/00 BTW 03/07/00 BTW Review correspondence from Attorney Snelbaker regarding transcription of record. Review Plaintiff's Post-trial brief. Prepare Brief in Opposition to Plaintiff's Post-Trial Motions. Finalize Brief in Opposition to Plaintiff's Post-Trial Motions. Prepare for oral argument on post-trial motions. Attend argument on Plaintiff's Post-Trial Motions; Draft summary letter to Mr. and Mrs. Janesko regarding argument. Review Petition to Open Trial Court Record. DISBURSEMENTS Hearing transcript --- Non jury proceedings BILLING S~Y $ 1,162.50 333.92 $ 333.92 TOTAL FEES $ 1,162.50 INFORMATION ' ADVICE " ADVOCACYTM /V~ARTSON DEARDORFF ~ILLIANI$ ~ OTTO MDW&O i ~omv.,t'no~ · lr~v~. PAGE 2 Mr. and Mrs. Michael J~ Janesko invoice No. 9046-00000-0i4 BTW TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL NET BALANCE ~ORWARD TOTAL BALANCE NOW DUE $ 333.92 $ 1,496'.42 $ 11,i51.21 $ 12,647.63 THANK YOU I N FO RMA TION ' ADVICE ' ADVOCACYsM MART$OH DEARDORFF ~](ZILLIAMS & OTTO MDW&O Tr~J~ ~ H~GH ~L~ PENNSYLVANIA 17013 T£LEI'~-IONti (717) 243-3~! FA~I~ (71~ 243-1850 1~ ~.mdwo.~m T~ ~n~oN N~n~ 23-2~2197 December 14, 1999. Billed through 12/14/99. Invoice No. 9046-00000-009 Mr. and Mrs. Michael 3966 Enola Road New~ille, PA 17241 J. Janesko BTW RE: Richard & Carrie Roush--Litigation FOR pRoFESSIONAL SERVICES RENDERED 11/09/99 BTW 11/16/99 BTW 11/18/99 BTW Review Order and Opinion; Telephone conference with Mrs. Janesko regarding same. Review post-trial motions filed by Plaintiff. Prepare Answer to Plaintiff's Motion for Post-Trial Relief; Draft correspondence to Mr. and Mrs. Janesko regarding same. BILLING SUF~ARY $ 125.00 TOTD~L FEES TOTAL CHARGES FOR THIS BILL NET BAI~ANCE FORWAJ~D TOTAL BALANCE NOW DUE $ 125.00 $ 125.00 $ 18, 912.75 $ 19, 037.75 /o, g/j. 7/ T~ANK YOU INFORMATION ' AD'VICE ' ADVOCACYTM MARTSON DEARDORFF V/ILLIAMS ~ OTTO D:W&O Tm ~ HmM Sta~-r ~L~, I~NSn.Vt, NUt 17013 TI~r. PHONi~ (717) 243-!}~41 FAcsmmm (717) 24~1850 II~ITI~L~r v~'w. mdwo.com TAX lDa~r~nc.o'~oN Ntmtav.~ 23°2002197 Nove~ber 9, 1999 Billed through 11/09/99 Invoice No. 9046-00000-007 BTW Mr. and Mrs. Michael 3966 Enola Road Newville, PA 17241 J. Janesko RE: Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 06/02/99 CCR 06/03/99 BTW 06/03/99 CCR 06/07/99 CCR 06/16/99 CCR 06/19/99 CCR ~7/02/99 BTW 37/08/99 BTW ]7/15/99 BTW )7/21/99 BTW )7/28/99 BTW )8/03/99 BTW ~8/05/99 LC ;8/05/99 BTW Prepare materials for pretrial conference. Office conferences with Mr. Risch regarding trial strategy; Attend pre-trial conference. Prepare materials for pretrial conference; attend pretrial conference. Telephone call from J.Janesko regarding sale of farm. Telephone call from Land Transfer regarding Janesko property. Prepare litigation materials for trial; review discovery and depositions. Draft correspondence to Attorney Snelbaker regarding outstanding discovery requests. Telephone conference with Mrs. Janesk0 regarding trial. Review correspondence scheduling depositions of Lightly and Kiser; Draft.correspondence to Mr. and Mrs. Janesko regarding same. Review correspondence from Attorney Snelbaker; Telephone conference with Ms. Janesko Telephone conference with Ms. Janesko regarding trial. Telephone conference with Mrs. Janesko Trial preparation Telephone conference with Ms. Janesko regarding trial and claim for intentional infliction of emotional distress: Office conferences with Mr. Deardorff, Mr. Williams, Mr. Otto, and Mr. Faller regarding viability of claim for intentional infliction of emotional distress; Office conference with Ms. Radomsky regarding trial preparation I N F o R M ^ TIO N ' A D VICE ' A o v o CA c Y'" M~RT$ON DEARDORFF ~71LLIANIS ~ OTTO 4ow&o PAGE 2 Mr. and Mrs. Invoice No. 98/05/99 TJW 08/06/99 LC 08/06/99 LC 08/06199 LC 08/06/99 LC 08/06/99 BTW 08/09/99 BTW 08/10/99 BTW 08/10/99 LC 08/11/99 BTW 08~11/99 LC 08/12/99 B?W 08/12/99 LC 08/12/99 LC 08/12/99 LC o8/~2/99 LC 08/13/99 BTW Michae~ J. Janesko 9046-00000-007 BTW Office conference with BTW regarding trial strategy Dete'rmine witnesses needed to be subpoenaed Review plaintiff's answers to interrogatories; summarize answers Summarize dePosition of Douglas Heineman Summarize depositions of Michael Janesko Office conference with Ms. Radomsky regarding trial'prepara~ion and witnesses. Office conference with Mr. Faller regarding trial strategy,; Office conference with Mr. and Mrs. Janesko regarding trial strategy; Trial preparation Trial preparation; Office conference with Mrs, Janesko and Mr. Jumper; Draft correspondence to Attorney Snelbaker; Telephone conferences with Mrs. Janesko. Summarize depositions of Mrs. Janesko Telephone conference with Mrs. Janesko; Telephone conference with Ms. Lighty; Draft correspondence to Attorney Snelbaker; Office conf6rence with Ms, Radomsky; Research damages; Prepare witness subpoenas. Summarize deposition of Diane Wert Telephone Conference with Darla Lighty; Telephone conference with Ms. Janesko; Review videotape of Wert septic test. Electronic research re spill over amount of damages a buyer can recover for a seller's breach of a sales agreement Search courthouse records for property and mortgages of Roushes Telephone conference with Dauphin County Recorder of Deeds re: plaintiff's property in Harrisburg Electronic research re damages; Confr with Mr. Warner re same Review caselaw regarding liability and damages; Telephone conferences with Mrs. Janesko regarding depositions and trial; Office conference with Mr. Faller regarding trial Strategy. INFORMATION ' ADVICE ' ADVOCACY~M M^I¥1'SON DEAR.DOI~I~ '~ILLIAMS ~S~ OTTO PAGE 3 Mr. and Mrs. Invoice No. 08/16/99 BTW 08/~7/99 BTW 08/18Z99 BTW 08/1~/99 BTW 08/20/99 BTW 08/31/99 BTW 09/03/99 BTW Michael J. Janesko 9046-00000-007 BTW Prepare for, travel to Mechanicsburg and attend depositions of Danna Kiser, Ron Jumper, David Jumper, and_Darla Lighty; Telephone-conference with Mr. Weft regarding trial; Telephone conference with Mr. Heineman regarding trial; Prepare for trial. 'Pre-trial meeting with Mr. Weft at the Janesko's property; Extended Telephone conference with Mrs. Janesko; Pre-trial meeting with Mr. Heineman; Trial preparation. Trial preparation; Office conference with Mr. and Mrs. Janesko. Trial preparation and trial. Trial preparation and trial. Prepare post-trial memorandum of law. Prepare proposed findings of fact, conclusions of law and post-trial Memorandum of Law. DISBURSEMENTS Deposition transcript Filing fee for mortgage Deposition transcripts BILLING SUM~h~RY $ 7,564.50 81.15 29.50 ~6B.25 $ 278.90 TOTAL FEES $ 7,564.50 INFORMATION ' ADVICE ' ADVOCACYs" MAi~.T$ON DEARDORI:F ~71LLIAMS ~ OTTO MDW O PAGE 4 T~.~ F. ASr H~Gt~ CA~J.~St~ Pn~tNSn. V~.~ 17013 T=,,s,~ONa (717) 24~-3341 F*csn,~ (717) 243-1850 INT~.S~L~ v, ww. nuiwo.c, om TAX ID~rn~c. ATtON NUMS~ 23-2002197 Mr~ and Mrs. Michael J. ~Janesko Invoice No. 9046-00000-007 BTW TOTALDISBURSEMENTS TOTAL CHARGES FOR THIS 'NET BALANCE FORWARD TOTAL BALANCE NOW DUE BILL $ 278.9[0 $ 7, 843.40. $ 11,069'.3 S $ 18,912.75 THANK YOU [NPORMATION · ADVICE ' ADVOCACY'~ MART$O'N DEARDORFF ~rlLLIAMS ~ OTTO MDW&O Tr~,a ~ H~H STt~ C.~RllS~r~ PmNNS~XV~.Nm 17013 T~.Lr~'~ONE (717) 243-3341 FACSIMILI~ (717) 243-1850 -TAX IDF~rr~nC. ATION NUtmEg 23-2002197 June 2, 1999 Billed through 06/02/99 Invoice No. 9046-00000-003 CCR Mr. and Mrs. Michael J- 3966 Enola Road Newvilie, PA 17241 Janesko RE:' Richard & Carrie Roush--Litigation FOR 01121/99 cca 01/22/99 PL8 Ol/25/99 01/29/99 CCR 02/03/99 CCR 02/04/99 PL8 ' 02/07/99 CC7{ 02/09/99 CCR 02/12/99 MAD 03/03/99 CCR 03/05/99 CCR 03/05/99 PL8 PROFESSIONAL SERVICES RENDERED Draft and edit answers to interrogatories. Prepare Answers to Plaintiff's First Set of interrogatories Directed to Defendant E. Jade Janesko Telephone call from J.Janeeko regarding.Roush litigation; prepare verifications. Telephone call to J.Janesko regarding verification; draft letter to R.Snelbaker regarding discovery. Prepare materials for meeting with J.janesko. Prepare ;~nended Complaint and Plaintiff's Reply to New Matter and Counterclaims and Plaintiff's New Matter regarding Counterclaims Draft and edit letter to R.Snelbaker regarding discovery; prepare facsimile to R.Snelbaker. Draft and edit reply to new matter. Reviewed Motion to Compel with GBF. Copied document'and drafted letter to client. Sent copy of Motion to client and verification for interrogatories. Telephone call to J.Janesko, W.Daniels, and K.Brennaman regarding Roush litigation; meet with J.Janesko regarding verification; draft letter to .R.Snelbaker regarding discovery responses. Draft and edit praecipe to supplement verifications. Preparing Praecipe regarding verifications for filing INFORMATION ADVICE ' ADVOC^CYs'~ MARTSO'N DEAEDORFF ~/ILLIAMS ~ OTTO MDW&--O PAGE 2. CAgI4SLr~ PmN~ 1~13 Tscr~ac.~E ~1~ 243-3341 FACSIMI~ ~1~ 2~-1850 T~ IOENTIFI~TION NUMe~ 23-2002197 Mr.. and Mrs. Michael J. Janesko Invoice No. 9046-00000-003 CCR 04/02/99 CCR Telephone Call to J.Janesko regarding Roush litigation. 04/05/99 CCR Travel to Mechanicsburg; attend deposition; return travel; telephone call to J.Janesko'. 04/07/99 CCR Meet with J.Janesko regarding Roush litigation and discove~ r~es~s. 04~28/99 CCR Meet with J.Janesko regarding Roush %itigation and disco~ responses; telephone calls from J.Janesko regarding ~itle issues ~d refinance of mortgage, 04/30/99 C~ Draft a~ edit discove~ re~es~s and r~sponses; draft and edit praeCipe. 04/30/99 PL8 Preparing Response to Plaintiff's Re,est for Production of ~cuments 0S/27/99 C~ Prepare pretrial ~morandum. 05/28/99 C~ Telephone call from J.Janekso. BILLING SUMMARY $ 1,731.50 TOTAL FEES TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE $ 1,731.50 $ 1,731.50 $ 9,337.85 $11,069.35 THANK YOU INFORMATION · ADVICE " ADVOCACYs" M.,%RT$ON DEARDORFF '~ILLIAMS ~Z OTTO MDW&O TEN EAST HIGH STREET CgaUSUL ?£NHSYLV^U'a 17015 TeL~eHON~. (717) 24~-3341 FACSIMXL~: (717} 243-1850 T.*x IO~nF~C~T~O~ NUMBER 23-2002197 Januar~r 21, 1999 Billed through 01/21/99 invoice No. 9046_00000-001 CCR Mr. and Mrs. Michael J. 3966 Enola Road 'Newville, PA 17241 Janesko RE: Richard-& Carrie Roush--LitigatiOn FOR 07/09/98 CCR 08/26/98 CCR 08/26/98 IVO 09/.15/98 CCR 09/18/98 CCR PROFESSIONAL SERVICES REND~RRD Telephone call from J.Janesko 09/22/98 09/28/98 09/29/98 0/01/98 10/02/98 10/02/98 regarding R0Ush litigation. Telephone call from J.Janesko regarding Roush litigation; draft letter to R.Snelbaker. Telephone conference with attorney Johnson re: Snlebaker interview; follow up with CCR Travel to Mechanicsburg for deposition of D.Heineman; attend deposition; return travel. Telephone calls from J.Janesko regarding Roush litigation; telephone call from D.Heineman regarding deposition; review deposition notices. CCR Telephone calls from J-.Janesko regarding Roush litigation and refinance. CCR Telephone call from J. Janesko regarding settlement offer; telephone call to W.Daniels regarding settlement; meet with W.Daniels. CCR Telephone call from J.Janesko regarding Roush litigation. CCR Telephone call from J.Janesko regarding M.Janesko deposition. CCR Telephone calls from J.Janesko; telephone calls to R.Snelbaker regarding settlement; draft and edit proposed deed; telephone calls to T.Ruth regarding settlement; draft and edit letter to R.Snelbaker regarding settlement; confirm elements of specific performance and plaintiffs' obligations thereunder. IVO Office conference CCR re: strategy INFORMATION ADVICE ' ADVOCACYs~4 M^RT$ON DEARDORFF ~(/ILLIAMS (~ OTTO PAGE T£N EAST HIGH STREET CARLISLE, DENNSYLVANIA 17013 T~L~PH~E (717) 243-334 I F~s~ (717) 243-1850 T~ ID~ON Nu~ 2~-2~2197 ~r. and ~r~. Riehael a. aanesAO ~nvoice No. 9046-00000-001 0/05/98 ccR 10/06/98 CCR 10/07/98 CCI{ 10/08/98 CCR 1o/o /9 CCR i0/09/98 CCR 10/12/98 CCR 1o/13/ 8 ccR lO/15/98 cca 1o/1 / 8 CCR 10/27/98 CCR 10/27/98 PL8 11/o2/ 8 11/05/98 CCR 11/09/98 PL8 11/16/98 CCR 11/17/98 CCR Telephone call from J.Janesko regarding depositions. Travel to Mechanicsburg; attend depositions; return travel. Telephone call from J.Janesko regarding RouSh litigation. D~aft and edit lette~ to R.Snelbaker regarding settlement of dispute. Draft and edit letter to R, Snelbaker regarding Roush litigation; draft and edit deed per Plaintiff's request. Telephone calls to J.Janesko regarding Roush litigation; telephone'call to T.Ruth regarding refinance of York Farm Credit loans; telephone call .to W:Daniels regardin~ Roush litigation. Telephone callfrom J.Janesko.regarding Roush litigation. Telephone calls'from J.Janesko regarding Roush litigation and refinance. Telephone call from J.Janesko regarding refinance. Telephone call to J.Janesko regarding refinance. Meet with J.Janesko re~arding Roush litigation; telephone call to T.Ruth regarding York Farm Credit litigation; telephone call to W.Daniels regarding Roush litigation; draft and edit motion for summary judgment; draft and edit supporting affidavit. Preparin~ Affidavit and Motion for Summary Judgment for filing; Letter to Dick Snelbaker, Esq. and Bill Daniels, Esq. sending them same Telephone call from J.Janekso regarding Roush litigation. Prepare prae¢ipe to list motion for argument. Letter to Richard Snelbaker, Esq. and william Daniels, Esq. sending them Praecipe for Listing Case for Argument Review amended complaint; determine standard by which leave to file amended complaint is judged. Telephone calls to J.JaneskO regarding Roush litigation; draft and edit letter to R.Snelbaker regarding amendment to complaint. INFORMATION · ADVICE ADVOCACYs" MAI~.TSON DEARDORFF ~/ILLIAM$ ~ OTTO MDW O PAGE C~RL~SLE, Prr. NNS~V~ 1~13 T~ON~ (717) 2~341 ~ FA~IMIL£ (717) 243-1850 Mr. and Mrs. Michael J. Janesko Invoice No. 9046-00000-001 CCR 11/25/98 CCR Draft and edit brief in support of motion for summary judgment; telephone call to J.Janesko regarding brief. 11/25/98 MAD Conference with CCR re: brief on motion for summary judgment, reviewed motion and researched issue of specific performance. Went to courthouse for research. Drafted and revised portion of brief for CCR. Reviewed brief. 11/30/98 CCR Reyiew answer to motion for summary judgment and ' aff'idavi~s; telephone calls to J.Janesko regarding septic inspection. 12/02/98 CCR Meet with J.Janesko .regarding septic issues; telephone call to D.Wert regarding septic inspection; prepare affidavit. 12/03/98 CCR Travel to Plainfield; meet with D.Wert; return travel; draft and edit reply to new matter, in answer to motion for summary judgment; draft and edit praecipe for entry of affidavit on record; draft and edit responsive brief; telephone call from J.Janesko. 12/04/98 CCR Draft and edit brief in opposition to motion for leave to file complaint; finalize brief, praecipe, affidavit, and reply to. new matter in motion for summary judgment; file documents and prepare service. 12/04/98 PL8 Letter to Richard Snelbaker, Esq. and Wiliam S. Daniels, Esq. sending them Brief of Defendants in Opposition to Motion for Leave to File Amended Complaint and Praecipe entering the Affidavit of Duane Weft into the record 12/08/98 CCR Check argument court list; telephone call from J.Janesko regarding argument court. 12/09/98 CCR Prepare for oral argument;attend oral argument. 12/14/98 CCR Telephone call to Judge Guido's chambers regarding rule to show cause. 12/1'8/98 CCR Review order; telephone call to J.Janesko. 12/21/98 CCR Telephone call to J.Janesko; determine procedure for joining additional defendants after amendment of complaint. 12/23/98 CCR Review amended complaint and discovery requests. INFORMATION ADVICE · ADVOCACYs~' MA3RTSON DEARDORFF WILLIAMS 6l OTTO MDW&O PAGE 4 C~RLISLE, PENNSYLyANIA 17013 TELEJ'HONE (717) 243-3341 FAcsm~ (717) 243-1850 T~ ]DE~IflC~TION NUMBER 23-2~2197 N~. and ~. R~chael J- ~ane~ko Invoice No. 12/2e/9s CCR 12/29/98 dCR 12/29/98 TGC 01/11/99 CCR '01/12/99 CCR 9046-00000-001 CCR Telephone call to J.Janesko regarding amended complaint and interrogatoriss. Evaluate procedure for filing separate action previous counterclaims- Office conference with Mr. Risch re: strategy. Prepare answer to amended'complaint, and counterclaims. File answer to amended complaint. for litigation new matter, DISBURSEMENTS service fee---Insufficient funds for check #829 Deposition transcript of Douglas R. Heineman Deposition transcript 4,614.50 10.00 96.60 169.15 $ 275.75 RE: York Farm Credit FOR PROFESSIONAL SERVICES RENDERED 08/03/98 CCR Telephone call from J.Janesko regarding York Farm Credit lawsuit; accept service on behalf of M.Janesko. 08/04/98 CCR Meet with J.Janesko regarding York Farm Credit ' lawsuit; telephone call to J.Gayman regarding refinance of York Farm Credit loans. 08/05/98 CCR Telephone calls to T.Ruth regarding York Farm Credit complaint. 08/12/98 CCR Telephone call from J.Janesko regarding York Farm Credit litigation and refinancing. 08/20/98 CCR Meet with J.Janesko regarding York Farm Credit. 08/21/98 CCR Telephone calls from UC Lending regarding Janesko refinance. 08/24/98 CCR Telephone call from J.Janesko regarding settlement; telephone call to UC Lending. INFORMATION · ADVICE ADVOCACYs'* MART$OH DEARDORFF %X/ILLIAM$ ~ OTTO MDW tO PAGE 5 T£N E,~ST HIgH .,~TKEI!T C,~RLISLE, I~ENNS1/13/ANIA 17013 TELEPHONE (717) 243-334 I F^csz~4~£~ (717} 24.t-1850 I brrF~u~rr ww~,. mdwo.com TAX IDF3~TII=ICA~ION NUMBER 23-2002197 Mr. and Mrs. ,MiChael J. Janesko Invoice No. 9046-00000-001 CCR 08/27/98 CCR 09/15/98 CCR 09/24/98 CCR 09/25/98 CCR 09/28/98 CCR 10/21/98 CCR 10/23/98 CCR Telephone call from J.Janesko regarding York Farm Credit litigati°n. Telephone call from T.Ruth regarding York Farm Credit action. Telephone call from J.Janesko regarding York Farm Credit action; telephone call to T.Ruth regarding Janesko litigation. Telephone call from T.Ruth regarding Janesko closimg. Telephone call from T.Ruth regarding York Farm Credit litigation. Telephone calls from J.Janesko regarding York Farm Credit action. Telephone call from J.Janesko regarding refinance. BILLING SUMMARY $ 437.50 TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS NET BALANCE FORWARD TOTAL BALANCE NOW DUE B ILL $ 5,052. O0 275.75 5,327.75 $ 4,447.60 $ 9,775.35 THANK YOU INFORMATION " ADVICE ' ADVOCACYs''' MART$ON D~AI~DORFF ~(/ILLIAMS 62' OTTO MDW&O FA~IMIL~ (717) 243-1850 'T~ ~O~n~T~0N Nu~n~ 23-2002197 Invoice No. July 6, 1998 Billed through 07/06/98 9046-00001-005 CCR ~r~ .and Mrs. Michael J. Janesko 3966 Enola Road Newville, pA 17241 ~EI'i Richard & Carrie Roush--Litigation FOR PROFESSIONAL SERVICES RENDERED 32/04/98 CCR 32/10/98 CCR 32/16/98 CCR 32/17/98 CCR 32/18/98 CCR 32/26/98 CCR 33723/98 CCR 33/25/98 CCR 33/26/98 CCR )3/26/98 LC 33/30/98 CCR 33/3 /98 CCR 34/01/98 LC Telephone call from J.Janesko regarding geologist inspection. Telephone call from J.Janesko regarding septic inspection. Evaluate letter and Notice of Deposition from R.Snelbaker; draft letter to R.Snelbaker regarding evidentiary request and preliminary objections. Telephone call from J.Janesko regarding geologist inspection and property financing. Telephone call from J.Janesko regarding litigation. Travel to Mechanicsburg for deposition of W.Koster; attend deposition; return travel to Carlisle. Telephone call to J.Janesko regarding answer to complaint and counterclaims. Draft and edit answer to complaint; draft and edit new matter; draft and edit counterclaim. Draft and edit counterclaims. Review answer to complaint and new matter (MAD) Prepare and edit answer, new matter, and counterclaims; meet with J.Janesko and M.Janesko regarding counterclaims. Prepare Praecipe to Withdraw Preliminary Objections; summarize facts for counterclaims. Research and review file; Work on getting information on counterclaim and possible information on elements; Work on drafting counterclaim for rescission and trespass; Research harassment and emotional distress (MAD) INFORMATION * ADVICE " ADVOCACYTM ' '.MARTSON DEAR'DORFF ~ILLIAMS ~ OTTO ::.. ' T~N East M~G. ST~ - · Tr~'~Ho.£ '(717) 243-334 I - FA~{M}L~. (717}243-1850 '. <INT~P~ ww~.mdwo.~m . ~ 1D~N17~I~T oNM~M~ 23-2~2197 .Mr'...and'Mrs.'Michael d. aanesko "' ~046-00001~005 CCR Invoic~ No: . 04/02/98 LC Draft answer and counterclaims; Research · emotional distrees and harassment; Draft · counterclaim; Review and revise (MAD) .04/06/98 CCR Telephone call from D.Heineman regarding '. S.Burkholder. 04/10/98 CCR Draft and edit counterclaims. 04/13/98 CCR Draft and edit counterclaims against Carrie ' RousN; draft and edit answer, new matter, and counterclaims; prepare answer for filing; evaluate available damages for intentional infliction of emotional distress and trespass; draft remedies sections of pleading. 04/14/98 CCR Finalize Janesko answer, new matter, and counterclaims. 04/14/98 LC Review and revise answer and counterclaim; Confer with Mr. Risch; Prepare documents and filing of same; Deliver documents to attorney Daniel's office (MAD) 04/1'6/98 CCR Telephone call to J.Janesko regarding answer, new ~· matter, and counterclaim. 04/17/98 CCR Meet with J.Janesko re~arding Roush litigation. 04/24/98 CCR Telephone call from J.Janeeko re~arding Roush confrontation. 05/15/98 CCR Review Answer to New Matter and Counterclaims. 06/08/·98 CCR Draft and edit reply to new matter to counterclaims; telephone call to J.Janesko regarding reply and status of litigation. 06/10/98 CCR Finalize and file Reply to New Matter. PAGE 2 Copy of transcript exhibits Reporting Service from Archive · 100.10 $' BILLING SUMMARY TOTAL FEES $. 2,472~50 INFORMATION ' ADVICE * ADVOCACY~" i~ARTsoN D£ARDORFF WILLIAMS ~ OTTO · .' I nl,o~'r!o. · ADvic~i · ADvgc..~Ot , .T/~.N ~ H~H STREWr , -: C:..a.~, P,,.NS'~V.,,.'~U~ 17013 . : rl'rd~.oNi~ (717~243-3341 · :'. FAc~M.Lr. '(117,) 243:1850 ::-'J i.l~s'~, www. mdwo,com · TAX !lplNtliqCA?lON NUS4.~I~ 25-2002197 Mr. and Mrs; Michael O. aanesko invoice No. 9046-00001-005 CCR TOTAL DISBURSEMENTS TOTAL CF_ARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BkCANCE NOW DUE PAGE 3 PAYABLE UPON RECEIPT --- THANK YOU INFORMATION * ADVICE · ADVOCACYTM ^ ~ROFESS~Oa~ ~.TTORNEYS AND ~UNSELLO~ AT ~ TE~ ~ HIGH STREET C~ISLS, PEN~S~V~ 17013 T~ ]DENTIFI~TION NUMBER: 23-2002197 Invoice No. (r. and Mrs. Michael J. 3966 Enola Road ~ewville, PA 17241 February 3, 1998 Billed through 02/03/98 9046-00001-002 CCR Janesko (71D 243-334 ! (717) 243-1850 m([wo~mdwo, com Richard & Carrie Roush--Litigation ~OR PROFESSIONAL SERVICES RENDERED [0/29/97 CCR L0/30/97 CCR L0/31/97 CCR [1/03/97 CCR L1/05/97 CCR L1/06/97 CCR [1/07/97 CCR L1/21/97 CCR L2/02/97 CCR ~2/08/97 CCR L2/09/97 CCR .2/16/97 CCR .2/17/97 CCR .2/23/97 CCR Telephone calls to J.Janesko. Obtain and review complaint and tax assessor map; meet with M. and J. Janesko. Telephone call to J.Janesko; telephone call from R.Johnson; telephone call to Cumberland County Sheriff regarding service of complaint. Accept service of process from sheriff on behalf of defendants; draft and file entry of appearance. Evaluate preliminary objections regarding mandatory mediation clause; draft and edit preliminary objections. Draft and edit preliminary objections; telephone call from J.Janesko. Evaluate viability of mediation clause preliminary objection in Cumberland County. Finalize preliminary objections for filing with cumberland County Court of Common Pleas. Telephone call from J.Janesko regarding Roush case. Draft letter to J.Janesko regarding Preliminary Objections. Evaluate Plaintiff's answer to preliminary objections; evaluate definition of "land contract" under Pennsylvania law. Review preliminary objection answers; telephone call to J.Janesko. Telephone calls from J.Janesko regarding bank draft, ROuse litigation, and property boundary dispute. Draft and edit Reply to Answer to Preliminary Objections; draft letter to client regarding Reply to Answer to Preliminary Objections. .~ .~OFESS,ON.~ COR~'O~T~ON A'rI'ORNEY$ AND COUNSELLORS AT ~ TEN ~ HIGH STREET CA.ISLE, PENNS~VAN~ 17013 ID~TIFI~ON NUMbeR: 23-2002197 PAGE 2 TELEPHONE (717) 243-3341 (717) 243-1850 r. and Mrs. nvoice No. 2/29/97 CCR 1/06/98 CCR 1/10/98 CCR 1/12/98 CCR 1/14/98 CCR 1/16/98 CCR 1/19/98 CCR 1/20/98 C~R 1/21/98 CCR 1/22/98 CCR 1/23/98 CCR 1/26/98 CCR 1/27/98 CCR 1/28/98 ccR 1/29/98 CCR Michael J. Janesko 9046-00001-002 CCR Draft and edit Reply to New Matter of Plaintiff to Defendants' Preliminary Objections: telephone call to J.Janesko; file and serve Reply; settlement discussion with W.Daniels. Draft and edit Motion to withdraw appearance; telephone calls to J.Janesko. Telephone call from J.Janesko; evaluate available remedies for ethical obligations by opposing counsel. Meet with J.Janesko; evaluate septic system inspection report. Telephone call from J.Janesko. Telephone call to W.Daniels regarding septic evaluation and alleged telephone calls to J.Janesko; review ethical issues with IVO; telephone call to J.Janesko. Telephone call from J.Janesko regarding pending litigation and depositions. Telephone call from D.Heineman and j. Janesko regarding Burkholder evidence request. Telephone call from w. Daniels regarding release form; telephone call to J.Janesko regarding depositions. Prepare for Janesko depositions; meet with Janeskos and prepare witnesses for examination; travel to Mechanicsburg; attend depositions; meet with clients and with R.Snelbaker and w. Daniels; travel to Carlisle. Telephone calls to J.Janesko; telephone call to V.Elbel. Meet with J.Janesko regarding telephone records and list of contacts at DEP and Upper Frankford Township. Telephone calls from J.Janesko and M.Janesko regarding negotiations with Upper Frankford Township; draft letter to R.Snelbaker regarding discovery requests. Draft and finalize letter to R.Snelbaker regarding discovery requests. Travel to Janesko farm; meet with J.Janesko and geologist; return travel to Carlisle. mdwo~mdwo.com 8, /'ROFP-S~IONAL CORPORATION ATTORNEYS AND CO~SELLO~ AT ~W TEN ~T HIGH STREET CA.ISLE, PENNS~VAN~ 1 70 1 3 T~ IDE~IFI~TION NUMBER: 23-2002197 ~r. and Mrs. Invoice No. )2/02/98 CCR Michael J. Janesko 9046-00001-002 CCR Prepare discovery response (geologist letter). to R.Snelbaker ]ILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR T~IS LESS PREPAID AMOUNT TOTAL BALANCE NOW DUE BILL PAGE 3 (717) (717) 243-1850 mdwo~mdwo.com 2,975.00 2,975.00 ,ooo.oo c 1,975.00 THANK YOU Exhibit C NOTE 1999 Carlisle pA [City] [State] 3960 and 3966 Enola Road. Newville. PA [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, we, MICHAEL J. JANEKSO and E. JADE JANESKO, his wife, unconditionally promise to pay U.S. $12.164.85 (this amount is called "principal") to the order of the Lender. The Lender is MARTSON DEARDORFF WILLIAMS & OTTO. We understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payment under this Note is called "Note Holder." 2. PAYMENTS Payment shall be on demand. 3. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. EXHIBIT C 4. WAIVERS If an any other person who has obligations under this Note waive the fights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 5. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security ' Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if we do not keep the promises which we make in this Note. That Security l_n. stmment describes how and under what conditions I may be required to make immediate payment in full of all amounts we owe under this Note. WITNESS THE HAND(S) AND SEALS OF THE UNDERSIGNED. WITNESS: Michael J. ga~ko, Borrower E. Jad~ Janesko, Borrower ~3 '~' :[ R,"'/OO~D~i~, CF 9~DS '99 JIlL 12. tiP] 9 MORTGAGE THIS MORTGAGE ("Security Instrument' ) is given on ~ ,1999. The mortgagor is MICHAEL J. JANESKO and E. JADE JANESKO, husband and wife, of 3966 Enola Road, Newville, PA 17241 ("Borrower"). This Security Instrument is given to MARTSON DEARDORFF WILLIAMS & OTTO, whose address is 10 East High Street, Carlisle, PA 17013 ("Lender"). Borrower owes Lender the principal sum of TWELVE THOUSAND ONE HUNDRED SIXTY FOUR AND 85/100 Dollars (U.S. $12,164.85). This debt is evidenced by Borrowers note dated the same date as this Security Instrument ("Note"), which provides for payment on demand This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described two parcels of property located in Upper Frankford Township, Cumberland County, Pennsylvania: TRACT NO. 1: ALL THAT CERTAIN piece or parcel of land, situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at comer of land now or formerly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 944); thence along land now or formerly of Ray A. Omer and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or formerly of Ray A. Omer, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and comer of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly of LeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at comer of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at comer of lands now or formerly of Harold T. Shoffner and Ray A. Omer, the place of Beginning. CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. 1556 r,,;[ ,,,306 BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated Febnmry 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesk0. TRACT NO. 2: ALL THAT CERTAIN tract of land situate in Upper Frankford, Cumberland County, Pennsylvania, together with the improvements thereon erected, bounded and described, as follows: BEGINNING at an iron pin in the center of the Enola Roxbmy Road; thence along the center ora private road leading to a farm now or formerly of Phoebe Warner, North 21 degrees 04 minutes West, 878 feet to an iron pin; thence along lands now or formerly of Phoebe Warner, North 66 degrees 48 minutes East, 638.5 feet to an iron pin on lands now or formerly of Eber Hoover; thence by lands now or formerly of Eber Hoover, South 21 degrees 41 minutes East, 646.5 feet to an iron pin; thence by Lots Nos. 1, 2, 3, 4, 5 and 6 as laid outby Curtis W. Raudabaugh, South 74 degrees 01 minute West, 366.8 feet to an iron pin; thence by Lot No. 6, South 20 degrees 59 minutes East, 312.5 feet to an iron pin in the center of the Enola Ro~bury Road; thence along the center of said road, South 74 degrees 19 minutes West, 145.5 feet; thence South 73 degrees 34 minutes West, 134 feet to the Place of Beginning. CONTAINING 10 acres and 148 perches, more or less. HAVING thereon erected a one and one-half story dwelling house and small barn. BEING the same premises which Kurt J. Goerlitz, single person; Diane Goerlitz, a/k/a Diane Fossett, single person; and A. James Shedlauskas, Executor of the Estate of Richard P. Goerlitz, Deceased, by his Attorney- in-Fact, Wayne F. Shade, by their Deed dated September 26, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County at Carlisle, Pennsylvania, in Deed Book 114, Page 201, granted and conveyed unto Michael J. Janesko. which have addresses of 3960 and 3966 Enola Road, Newville, Pennsylvania 17241 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, fights, appurtenances, rents, royalties, mineral, oil and gas fights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Inslmment. All of the foregoing is referred to in this Security Instrmnent as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal and Interest. Borrower shall pay the principal of and interest on the debt evidenced by the Note on demand. 2. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and ~mpositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures fi.om the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 3. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. 4. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph, Lender does not have to do so. Any mounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest fi.om the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lende~ to Borrower requesting payment. 5. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by Co) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 6. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by thc original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not bca waiver of or preclude the exercise of any right or remedy. 7. Successors and Assigns Bound; Joint and Several Liability; Co-signors. The covenants and agreements of this Security Instrument shall bind and benefit thc successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute thc Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 8. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted. 9. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. Thc notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall bc given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 10. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 11. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 12. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sams which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lander's fights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. 13. Lender in Possession. Upon abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collention of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 14. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 15. Reinstatement Period. Borrower's time to reinstate shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. wimcsses: ~ ~. &~__~ (Seal) l~Iichaei J. ?an~ko, Borrower COMMONWEALTH OF PENNSYLVANIA ) )1 SS, COUNTY OF ~a.~~ ) On this, the ~ day of ~J~.J~ , 1999, before me, the undersigned officer, personally appeared MICHAEL J. JANESKO and E. JADE JANESKO, 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. ~IO?ARIAL SEAL BRANDI JO M. AU. Et/AN, Note7 ~ I C~ Som. CaSelOad Ca, ne/ I State of Pennsylvania County of CumberlendJ Recorded in the office for the recording of Deeds ecl. lib, nd f~__n~berlan_~.d County, ~,,t in ~C'l~. Bot~ A ]~ Vol. __ Page,~-t.o w t,4.0m of oF , f. !.. "1"1 Carlisle, PAthis I~ "' ~ dsy~19' ' Exhibit D MARTSON DEARDORFF '~ILLIAMS & OTTO MDW&O TEN EAST HIGH STP. EET CARLISLE, PENNSYLVANIA ] 70 I 3 TELEPHONE {717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www. rn dwo.com August 5, 2002 ATTORNEYS ~: COUNSELLOIL~ AT LAW JOHN B. FOWLER 11I EDWARD L. 5CHORPP DANIEL K. DKAI~DORFF THOMAS J. WILLIAMS ' GEORGE B. FALLER JR.' CARL C. RaSC~4 MARK A. DF. NLINGER DAVID R. GALLOWAY Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 Unpaid Bills and Demand Note Our File Number 9046.1 Dear iVfike and Jade: As of today, you have unpaid fees to MARTSON DEARDORFF WILLIAMS & OTTO totaling $18,368.13. Part of this unpaid balance is secured by a "Demand Note" in the amount of $12, 164.85. The law firm is hereby demanding immediate payment under the Note ($12,164.85) and the balance of the unpaid bills ($6203.28). Failure to pay these amounts within 5 days of receipt of this letter will result in a lawsuit being filed against you. Very truly yours, ORFF WILLIAMS & OTTO EXHIBIT D INFORMATION ADVICE ADVOCACYsM SHERIFF'S RETURN CASE NO: 2002-03891 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTSON DEARDORFF WILLIAMS & 0 VS JANESKO MICHAEL J ET AL - REGULAR STEVE WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JANESKO MICHAEL j the DEFENDANT , at 1930:00 HOURS, on the 21st day of Au~st , 2002 at 3966 ENOLA ROAD NEWVILLE, PA 17241 MICHAEL j JANESKI by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this _~ _ day of _ ~/z~.~ ~-;~ A.D. ta~ ' So Answers: R. Thomas Kline 08/22/2002 MDW&O By:~ SHERIFF'S RETURN - CASE NO: 2002-03891 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTSON DEARDORFF WILLIAMS & © VS JANESKO MICHAEL J ET AL REGULAR STEVE WHISTLER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JANESKO E J~LDE the DEFENDANT at 1930:00 HOURS, on the 2_lst day of Au~st at 3966 ENOLA ROAD , 2002 NEWVILLE, PA 17241 MICHAEL J JANESKO, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~7~ ~_~ 2-~ A D So Answers: R. Thomas Klin~---~ 08/22/2002 MDW&O Deputy Sheriff - MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3891 PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $18,368.13, plus interest and costs of suit, as prayed for in the Complaint for failure to file an answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on September 11, 2002, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. ;T~ILLIAMS & OTTO Carl C~Risch, 'Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 24, 2002 MARTSON DEARDORFF WILLIAMS & : OTTO, Plaimiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants NO. 2002 - 3891 TO: MICHAEL J. JANESKO AND E. JADE JANESKO, his wife 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 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM ~ 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 NOTICE TO A LAWYER AT ONCE. Itz YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: September 11, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esqmre ID Number 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 MARTSON DEARDORFF WILL/AMS & OTTO, Plaintiff MICHAEL j. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2002 - 3891 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTy: Please issue writ of execution in the above matter, (1) directed to the SheriffofCumberland County; (2) against Michael J. Janesko and E. Jade Janesko, Defendants (3) execute against real property owned by Defendants and identified on attached listing Amount due $18,368.13 Plus interest from September 25, 2002 at the rate of $3.02 per day $ Costs ~ $~* * To be determined by SheriffofCumberland County Date: October 15, 2002 MAR~ON~ DEARD~RFF WILLIAMS Carl C. Risch I.D. Number 75901 Ten East High Street Car/isle, PA 17013-3093 (717) 243-3341 & OTTO WRIT NO. 2002-3891 LEGAL DESCRIPTION 3966 Enola Road, Carlisle, Pennsylvania 17013 ALL THAT CERTAIN piece or parcel of/and, situate in Upper Frankford Township, Cumberland .County, Pennsylvania, more particularly bounded and described as follows, together with the ~mprovements erected thereon: BEGINNING at an iron pin at corner of land now or formerly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 ~;tlf~n°em'/~;~tl~ed9e~;eths 3e2 minutes 09 seconds West 864.29 feet,,, ~ :__~'c~thr°ugh a 10.5 foot nce along land now or formerly of Ray A. Orner an lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet -,~ -- -un p~n; thence still along to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly ofLeRoy H. Raudabangh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of/ands now or formerly of Harold T. Shoffner and Ray A Orner, the place of Beginning CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS TIlE PROPERTY OF MICHAEL j. JUDGMENT ENTERED AT THE JANESKO AND E. JADE JANESKO ON ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387-036 · - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO02-389I Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTy: To satisfy the debt, interest and Plaintiff (s) costs due MARTSON DEARDORFF W/LLIAMS & OTTO From MICHAEL J JANESKO AND E. JADE JANESKO 3966 ENOLA ROAD, CARLISLE, PA (1) You are directed to levy upon the property &the defendant (s)and to sell SEE LEGAL DESCRIPTION OWTqED BY DEFENDANTs. (2) Y°u are als° directed t° attach the property of the defendant(s) not levied upon in the possession of 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 accoant of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifpr°perty °f the defendant(s) n°t 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. Amotmt Due $18368.13 L.L.$0.50 Interest FROM 9/25/02 AT THE RATE OF $3.02 PER DAY Atty's Corem % AttyPaid $127.90 Due Prothy $1.00 Plaintiff Paid Other Costs Date: OCTOBER 15, 2002 CURTIS R. LONG (Seal) Prothonotary REQUESTING PARTY: Deputy Name CARL C. RISCH ESQ. MARTSON DEARDORFF WILL/AMS & OTTO Address: 10 E. HIGH STREET, CARLISLE, PA Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ID No. 75901 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL j. JANESKO and E JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION. LAW NO. 2002 - 3891 AFFIDAVFF PURSUANT TO Pa. R.C.P. 3129.1 Carl C. Risch, counsel for Plaintiff in the above actxon, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located as described in the attached Exhibit: 1. Name and address of owner(s) or reputed owner(s): Name Address Michael J. Janesko 3966 Enola Road, Carlisle, Penna. 17013 2. Name and address of Defendants in the Judgment: Name Address Michael J. Janesko and E. Jade Janesko 3966 Enola Road, Carlisle, Penna. 17013 3. Name and address of every judgment creditor whose judgment is real property to be sold: United Companies Lending Corporation Address a record lien on the MacArthur Ridge 1I 909 Hidden Ridge Drive, Suite 200 Irving, Texas 75038 Saturday's Market Mark Udren, Esq. 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 3751 E. Harrisburg Pike Middletown, Penna. 17057 4. Name and address of the last record ho/der of every mortgage United Companies Lending Corporation Address United Credit Card Bank, N.A. of record: MacArthur Ridge 1/ 909 Hidden Ridge Drive, Suite 200 Irving, Texas 75038 None. Mark Udren, Esq. 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 8550 United Plaza Blvd., Suite 203 Baton Rouge, LA 70809 Name and address of every other person who has any record lien on the property: Address 6. Name and address of every other person who has any and whose interest may be affected by the sale: Michael J. Janesko record interest in the property 7. Name and address of every other person of whom Plaintiff has knowledge who has anY interest in the property which may be affected by the sale: None. ~ Address 3966 Enola Road, Carlisle, Penna. 17013 I verify the statements made in this Affidavit are o knowledge or mformat~on and belief I unders.~--, -, tree and correct t the best of my personal ~,~m raise statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. Date: October 15, 2002 MAR~~q~WILLIAMS Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 21ttorneys for & OTTO WRIT NO. 2002-389~ LEGAL DESCRIPTION 3966 Enola Road, Carlisle, Pennsylvania 17013 ALL THAT CERTAIN piece or parcel of/and, situate in Upper Frankford Township, Cumberland ~ounty, Pennsylvania, more particularly bounded and described as fo/lows, together with the ~mprovements erected thereon: BEGINNING at an iron pin at corner of land now or formerly of Ray A. Orner (which iron in i or formerly of Harold T. Shoffner g 49 ,,, ..... ~ ~,o seconds West 881 57 nd now or formerly of Ray A. Orner i 9 seconds West 864.29 feet to ~- ;.^a_n~ thr.ough a 10.5 foot lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet _ ~- -,m pin; thence still along to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly ofLeRoy H Raudabaug and lands no.w or formerly of.M. arvm L. Ruth, South 77 degrees 07 minutes 16 secom}s East 1,82,~37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of/ands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of/ands now or formerly of Harold T. A Orner, the place of Beginning. ShotTner and Ray CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D Bert, R. S, dated February 20, 1975. BEING the same premises which Maurice G and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumber/and County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS THE JUDGMENT ENTEREDPROPERTY OF MICHAEL j. JANESKO AND E JADE JANESKO ON AT THE ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387~036 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants CIVIL ACTION - LAW NO. 2002 - 3891 NOTICE OF SHERIFF'S SAI,E OF REAL PROPERTY PURSUANT TO pENNSYLVANIA RULE OF CIVIL PROCEDURE 312.~ TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on MARCH 5, 2003 in the COMMISSIONER'S HEARING ROOM, 2"4 FLOOR, CUMBERLAND COUNTy COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00AM, prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). THE LOCATION of the properties to be sold is 3966 Enola Road, Carlisle, Pennsylvania 17013 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 2002-3891 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY IS a. Michael J. Janesko, 3966 Enola Road., Carlisle, Pennsylvania; A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be flied by the Sheriffwithin thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR pROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 2002-3891 LEGAL DESCRIPTION 3966 Enola Road, Carlisle, Pennsylvania 17013 ALL THAT CERTAIN piece or parcel of land, situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at corner of land now or formerly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 9a 4); thence along land now or formerly of Ray A. Omer and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabangh; thence by lands now or formerly ofLeRoy H. Randabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at comer of lands now or formerly of Marvin L. Ruth and lands of Edgar E Hoover; thence by lands now or formerly of Edgar E Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of lands now or formerly of Harold T. Shoffner and Ray A. Omer, the place of Beginning. CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS THE PROPERTY OF MICHAEL J. JANESKO AND E. JADE JANESKO ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387-036 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3891 AFFIDAVIT I, Carl C. Risch, counsel for the above-named Plaintiff, hereby certify that written notice of the sale of real property together with legal descriptions of all tracts, was served upon the following: 1) Michael J. Janesko; 2) E Jade Janesko; 3) United Companies Lending Corporation; 4) Mark Udren, Esquire; 5) Saturday's Market; 6) United Credit Card Bank, NA.; Defendants Michael J. Janesko and E. Jade Janesko were served by Certified Mail, Return Receipt Requested, at the address set forth in the Affidavit. The other interested parties were served by regular mail at the addresses set forth in the Affidavit, with the return address of the Plaintiff appearing thereon. There is attached hereto and marked as Exhibit "A," Certificates of Mailing, U.S. Postal Service Form 3 817, confirming mailing of each of these persons or entities. A copy of the Notice of Sale together with ail legal descriptions, which was served upon each of the persons or Carl C. Risch Sworn toand subscribed before me this ~day of (~JDb~Jt , 2002. ary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bom., Cumberland County My Commission Expires Feb. 18, 2008~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpi~ce, or on the front if space permits. 1 Ariicle Addressed to ) [] Agent by (Prinled Name) D is delivery address different from item 17 If YES, enter delivery address below: [] NO 3 Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandis( [] insured Mail [] CO.D Restricted Delivery? (Extra Fee] [] Yes 2 Article Number (Transfer from service label) 7002 0860 0001 5850 5649 PS Form 381 1, August 2001 Domestic Return Receipt 102595 02-M-08 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent ~} Addresse~ Y( D. Is delivery address different from item 17 If YES, enter delivery address below: ServiceType ~/Certified Mail []Registered [] Insured Mail [] No [] Express Mail [] Return Receipt for Merchandis~ [] C.OD 4. Restricted Delivery? (Extra Fee) [] Yes 2 ArtioleNumber 7002 0860 0001 5850 5656 (Transfer from service label_____ ~ ~ , ,, ,,, ,,,,,,, ,, , PS Form 381 1, August 2001 Domestic Return Receipt 102595.02 M 08 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MARTSON DEARDORPF WILLIAMS & OTtO( i' Ten East High Street Carlisle, PA 17013 One piece of ordinary m~il addressed to: Sattlrd~yts Mar~et 375] E. Harrisburg Pike Middletown, PA 17057 PS Form 381 7, Mar. 1989 u.s. POSTAL SERWCE CERTIFICATE OF MAILING MARTSON DEARDORFF WILLIAMS & OTTO MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES PROVIDE FOR INSURANCE -- POSTMASTER Ten East High Street Carlisle, PA 17013 One piece of ordinaly mail addressed to: United Credit Card Bank, N.A. 8550 United Plaza Blvd., Suite 203 Baton Rouge, LA 70809 PS Form3817. Mar 1989 US. POS~LSERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: MARTSON DEARDORFF WILLIAMS & OTtO Ten East High Street Carlisle, PA 17013 United Companies Lending Corporation MacArthur Ridge II 909 Hidden Ridge Drive, ~uite 200 Irving, TX 75038 PS Form 3817, Mar. 1989 U,S POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER Received From: MARTSON DEARDORFF WILLIAMS & OTTOl Ten East High Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Mark Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 PS Form 3817, Mar 1989 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants NO. 2002 - 3891 NOTICE OF SHERIFF'S SAI,F, OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on MARCH ~, 20b:~ in COMMISSIONER'S HEARING ROOM, 2nd FLOOR, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00AM, prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). THE LOCATION of the properties to be sold is 3966 Enola Road, Carlisle, Pennsylvania 17013 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 2002-3891 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY IS Michael J. Janesko, 3966 Enola Road., Carlisle, Pennsylvania; A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240~6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 2002-3891 LEGAL DESCRIPTION 3966 Enola Road, Carlisle, Pennsylvania 17013 ALL THAT CERTAIN piece or parcel of land, situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at corner of land now or formerly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 9~ 4); thence along land now or formerly of Ray A. Orner and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly ofLeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to. an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pm at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of lands now or formerly of Harold T Shoffner and Ray A Orner, the place of Beginning CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS THE PROPERTY OF MICHAEL J. JANESKO AND E. JADE JANESKO ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387-036 CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 MARTSON DEARI;~ORFF WILLIAMS & OTTO BYcari'~C~. Risch ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 25, 2002 Created: 07/08/02 0~: 15:46 PM Reprised: 11/01/02 03:38:55 PM 79271 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants NO. 2002 - 3891 AFFIDAVIT I, Carl C. Risch, counsel for the above-named Plaintiff, hereby certify that written notice of the sale of real property together with the corrected legal descriptions of all tracts, was served upon the following: 1) 2) 3) 4) s) Michael J. Janesko and E. Jade Janesko; United Companies Lending Corporation; Mark Udren, Esquire; Saturday's Market; United Credit Card Bank, N.A.; These parties were served by regular mall at the addresses set forth in the Affidavit, with the return address of the Plaintiff appearing thereon. There is attached hereto and marked as Exhibit "A," Certificates of Mailing, U.S. Postal Service Form 3817, confirming mailing of each of these persons or entities. A copy of the Notice of Sale together with all legal descriptions, which was served upon each of the persons or entities named above is attached hereto and marked as Exhibit "B." By (~ Carl C. Risc~ Swom~t~ and subscribed before me 'this /'~ day of'~)0yP_~,C2002. N6tary ~blic ~ o~O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT U, S. POSTRGE PROVIDE FOR INSURANCE -- POSTMASTER Nov 0 .'02 ' ' / RNOUNT Martson Deardorff Wil · $0.90 Ten East High Street :,A .~._t_ ~ ~ I_~ · ., 00OlEJlg-0z ~rlisle, PA 17013 ~. ~chael J. J~esko ~. E. Jade J=esko 3966 ~ola Roa~ Neville, PA 17241 PS~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING Ten ms' H r igh Strut ~lisle, PA 17013 Unlted Commies ~ndin9 Cor~ration'~ ~c~th~ ~dge II UbU ~d'3qSIqHU3 OIHd 39~iS0d 's'n 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 PS Form 3817, Ma~. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER Martson Deardorff Williams & Otto Ten East High Street One piece of ordinary mail addressed to: Sat=Say's mrket 3751 E. ~rrisb~g Pik ~ddletom, PA 17057 PS Form 3817, Mar. 1989 F:\FILES\DATAFILE\Gendoc.cut\9046 not/¢e/drg Created 05/24/02 I 1 15:22 AM 79271 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- 3891 _.NOTICE OF SHERIFF'S SALF. OF REAL PROPERTY PURSUANT TO PENNSYLVAN/A RULE OF CIVIL PROCEDURE 312,J TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on MARCH 5, 2003 in the COMMISSIONER'S HEARING ROOM, 2"a FLOOR, CUMBERLAND COUNTy COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00AM, prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). THE LOCATION of the properties to be sold is 3966 Enola Road, Newville, Pennsylvania 17241 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 2002-3891 Civil Term, Cumberland County CCP., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY IS a. Michael J. Janesko, 3966 Enola Road., NewviIle, Pennsylvania; A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriffwithin thirty (30) days alter the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF TIlE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to he held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR RELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET E LEGAL ADVICE; Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 2002-3891 LEGAL DESCRIPTION 3966 Enola Road, Newville, Pennsylvania 17241 ALL THAT CERTAIN piece or parcel of land, situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at comer of land now or formerly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 944); thence along land now or formerly of Ray A. Orner and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly ofLeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of lands now or formerly of Harold T. SholTner and Ray A. Orner, the place of Beginning. CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS THE PROPERTY OF MICHAEL J. JANESKO AND E. JADE JANESKO ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387-036 CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Michael J. Janesko 3966 Enola Road Newville, PA 17241 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 1, 2002 F:~FILE S~DATAFILE\Gendoc cur~9046.no~ice/dl g Created: 05/24/02 11:15:22AM Revised: 11/01/02 11:30:58AM 79271 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3891 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on MARCH 5, 2003 in the COMMISSIONER'S HEARING ROOM, 2"a FLOOR, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00AM, prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). THE LOCATION of the properties to be sold is 3966 Enola Road, Newville, Pennsylvania 17241 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 2002-3891 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY IS a. Michael J. Janesko, 3966 Enola Road., Newville, Pennsylvania; A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriffwithin thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3891 CORRECTED LEGAL DESCRIPTION AND NOTICE OF SHERIFF'S SALE On October 1 $, 2002, Plaintiff filed a Praecipe for Writ of Execution and an Affidavit Pursuant to Pa.R.C.P. 3129.2 in the above matter. Attached to that Praecipe and Affidavit was a Legal Description of the property to bc sold at Sheriffs Sale. Also, on October 15, 2002, Plaintiff submitted a Notice of Sheriff's Sale pursuant to Pa.R. CP. 3129 noting the address of the prope~y to be sold. After filing the documents, it was discovered that the actual mailing address listed on the Legal Description was incorrect. The actuai mailing address is: 3966 Enola Road, Newville, Pennsylvania 17241 WHEREFORE, the Plaintiff hereby submits (1) a corrected Legal Description for filing on the docket~ and (2) an amended Notice of Sheriff's Sale for use by the Sheriff of Cumberland County. The Plaintiff shall give notice to all interested panics listed on its Affidavit Pursuant to Pa. R.C.P. 3129.1 and file proof of notice with the Prothonotary of Cumberland County. MARTSON DEARDQRFF WILLIAMS & OTTO BYcarl C.'~l~scl~ --- I.D. Number 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 1, 2002 WRIT NO. 2002-3891 LEGAL DESCRIPTION 3966 Enola Road, Newville, Pennsylvania 17241 ALL THAT CERTAIN piece or parcel of land, situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at corner of land now or fo,merly of Harold T. Shoffner and land now or formerly of Ray A. Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 944); thence along land now or formerly of Ray A. Orner and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or formerly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Township Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or formerly of LeRoy H. Raudabaugh; thence by lands now or formerly ofLeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 minutes 01 second West 1,705.08 feet to an iron pin at corner of lands now or formerly of Harold T. Shoffner and Ray A. Orner, the place of Beginning CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BE1NG the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD AS THE PROPERTY OF MICHAEL J. JANESKO AND E. JADE JANESKO ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM TAX PARCEL: 43-04-0387-036 F:WILES~DAT AFILE\Gener al~Documents~9046-pr ae¢ipe, satis fY MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff Vo MICHAEL J. JANESKO and E. JADE JANESKO, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- 3891 PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the judgment in the above captioned case satisfied, settled and discontinued. Date: March 18, 2003 MARTSON DEARDORFF WILLIAMS & OTTO By ~ Carl C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Martson, Deardorff, Williams & Otto VS Michael J. Janesko and E. Jade Janesko In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3891 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Carl Risch. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Certified Mail 3.10 Law Journal 465.35 Patriot News 375.25 Poundage 356.00 Share of Bills 25.21 $1345.21 paid by attorney 03/14/03 Sworn and subscribed to before me This $'~ dayof ~ ~ R. Thomas Kline, Sheriff Prothonotary Re-al Estat~ ~)eputy ~ ztol~3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 17 Writ No. 2002-3891 Civil Martson, Deardorff, Williams & Otto VS. Michael J. Janesko and E. Jade Janesko, his wife Atty.: Carl Rlsch LEGAL DESCRIPTION 3966 Enola Road, Newville, Pennsyl- vania 17241 ALL THAT CERTAIN piece or par- cel of land, situate in Upper Frank- ford Township, Cumberland Coun- ty, Pennsylvania, more particularly bounded and described as follows, together with the improvements erected thereon: BEGINNING at an iron pin at corner of land now or formerly of Harold T. Shoffner and land now or formerly of Ray P~ Orner (which iron pin is North 22 degrees 49 minutes 38 seconds West 881.57 feet from Pa. Route 944): thence along land now or formerly of Ray A. Orner and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or for- merly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1.993.20 feet to an iron pin at an existing post at the edge of Town- ship Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or for- merly of LeRoy H. Raudabaugh: thence by lands now or formerly of LeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post: thence ~ Lisa l~ar]e Coyne~ditor dORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003_ 38 seconds West 881.57 feet from Pa. Route 944); thence along land now or formerly of Ray A. Orner and through a 10.5 foot dirt lane, North 22 degrees 32 minutes 09 seconds West 864.29 feet to an iron pin; thence still along lands now or for- merly of Ray A. Orner, North 24 degrees 45 minutes 00 seconds West 1,993.20 feet to an iron pin at an existing post at the edge of Town- ship Road T-423; thence along the edge of Township Road T-423, North 43 degrees 59 minutes 46 seconds West 32.51 feet to an iron pin at a tree and corner of lands now or for- merly of LeRoy H. Raudabaugh; thence by lands now or formerly of LeRoy H. Raudabaugh and lands now or formerly of Marvin L. Ruth, South 77 degrees 07 minutes 16 seconds East 1,824.37 feet to an iron pin at an existing post; thence still by lands of Marvin L. Ruth the following courses and distances: South 61 degrees 16 minutes 02 seconds East 375.47 feet to an iron pin at an existing post; South 14 degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post: South 27 degrees 46 minutes 01 second East 324.81 feet to an iron pin at an existing post; South l0 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at corner of lands now or formerly of M_arvin L. Ruth and lands of Edgar E. Hoover: thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T. Shoffner; South 65 degrees 25 min- utes 01 second West l, 705.08 feet to an iron pin at corner of lands now or formerly of Harold T. Shoffner and Ray A. Orner, the place of Be- ginning. CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises which Maurice G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 101, Page 846, granted and conveyed unto Michael J. Ja- nesko. TO BE SOLD AS THE PROPER- TY OF MICHAEL J. JANESKO AND E. JADE JANESKO ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 43-04-0387-036. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New~ and The Sunday Patriot-New~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book M, Volume 14, Page 317. "" My Commission Exl~ires uneB, I NBTAI~Y PUBLIC 17241, Member. Pennsylvania Associa0on Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 423,. Na~ 43 ~ W~ 325! feetl of. lands ~.H. of o~'~ 16 minutes 02 ~c~ 17 ~ uc~nms :)mm. utes 12 sec~xb East ~).32 feet to " E. ' y ~L,~of .25 mira= Ol Secoads W~t 1.,705~08 feet to an , CONTAIh*I~ ~,0~l~aa~ aud~ aid the Offge of~ R~ unto Michel J, ~ [-~et Pennsylvania in granted and conveyed Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 373.50 $ 1.75 $ 375.25 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-New~, newspapers of general .=dge receipt of the aforesaid notice and publication- costs and certifies that the same have degrees 45 minutes 12 seconds East 99.32 feet to an iron pin at an existing post; South 27 degrees 46 minutes 01 seconds East 324.81 feet to an iron pint at aa existing post; South 10 degrees 16 minutes 37 seconds East 213.45 feet to an iron pin at an existing post; South 21 degrees 15 minutes 43 seconds East 320.30 feet to an iron pin; South 29 degrees 55 minutes 00 seconds East 511.50 feet to an iron pin at coruer of lands now or formerly of Marvin L. Ruth and lands of Edgar E. Hoover; thence by lands now or formerly of Edgar E. Hoover and lands now or formerly of Harold T Shoffner; South 65 degrees 25 minutes 01 seconds West 1,705.08 feet to an iron pin at coruer of lands now for formerly of Harold T. Shoffner and Ray A. Omer, the place of BEGINNING. CONTAINING 86.0677 acres and said description being in accordance with survey of Carl D. Bert, R.S., dated February 20, 1975. BEING the same premises,which Mauriee G. and Elizabeth B. Hilliard, husband and wife, by their Deed dated February 18, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book t01, Page 846, granted and conveyed unto Michael J. Janesko. TO BE SOLD as the property of Michael J. Janesko and E. Jade Janesko on judgment entered at the above number and term. · TAX PARCEL ~3-04-0387.036. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY Charles E. Brake Company, : : Inc., Plaintiff : : VS. Purcell & Associates of Delaware, Inc., Defendant civil Action No. 02-3981 Assigned to J. ORDER OF COURT AND NO . = ==- ~^~nin~ oetit~on,~7~l~ % fu~- consideration OZ u~= ~v~ . L~ ~._'~ii#.-~z/~4~/ -' ~~~e abo~ captioned action as are appointed ar prayed before. By the Court, STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (7~7) 328-3525 IN THE COURT OF COMMON PLEAS OF THE 9T~ JUDICIAL DISTRICT OF pENNSYLVANIA-CUMBERLAND COUNTY Charles E. Brake Company, Inc., Plaintiff VS. Purcell & Associates of Delaware, Inc., Defendant Civil Action No. 02-3981 Assigned to J. STEIG ER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 ~ETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Shawn D. Meyers, counsel for the Plaintiff in the above captioned action, respectfully requests that: 1. The above-captioned action is at issue. $4,028.85. $7,000.00. The claim of the Plaintiff in the action is The counterclaim of the Defendant in the action is The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: ~one. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respect fu__lly submitted, Shawn D. Meyer~--~quire Steiger, Stei~r and Meyers 120 North Main Street Mercersburg, PA 17236 (717) 328-3525 Pa. Sup. Ct I.D. No. 68896