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HomeMy WebLinkAbout07-0546 LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17"' Floor Philadelphia, PA 19103 Plaintiff V. Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Defendant Docket No.: 07-5'q6' Praecipe to Transfer Judgment TO TEE PROTHONOTARY: Please enter this Praecipe to transfer the judgment against Mylotte, DaN-id & Pitzpatric':< from Philadelphia County, Pennsylvania to Cumberland County, Pennsylvania. 1, certified copy of th,- Philadelphia County Docket and Judgment is attached hereto as E tA6A LIEDERBACH, HAIIN, FOY &VA fNK, P.C. By-, 1)ate?1: J near%, 26, '200 t% - Y 1.. dAN I3L,UNK, ESQUiI21: T ' ?ER'FO1Vfl-INSON. ESQUIRE: EN`rE IH FERRP_ SQUIRE Attorneys for Plaintiff, Arden Seven Penn Partners, LP `? O .v . PAGE' 1 REPORT : ZDRDOCT First Judicial District RUN DATE 01/22/07 USER ID: COS CIVIL DOCKET REPORT RUN TIME 09:14 AM CASE ID 050401545 -------------------------------------------------------------------------------- CASE NUMBER CASE CAPTION 050401545 ARDEN SEVEN PENN PARTNERS LP VS MYLOTTE DAVID&FITZ FILING DATE COURT LOCATION JURY 13-APR-2005 NE CH N CASE TYPE: CONTRACTS (GOODS), ENFORCE STATUS: JUDGMENT ENTERED Seq # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A82205 ADLER, MICHAEL BLANK ROME LLP ONE LOGAN SQUARE PHILADELPHIA PA 19103 (215)569-5323 (215)832-5323 - FAX 2 1 PLF @5195405 ARDEN SEVEN PENN PARTNERS LP SEVEN PENN CENTER 1635 MARKET ST 17TH FL PHILADELPHIA PA 19103 3 5 DFT @5195410 MYLOTTE DAVID&FITZPATRICK WHETSTONE RUN OFFICE COMPLEX 450 PARKWAY SUITE 300 BROOMALL PA 19008 4 TL J289 SHEPPARD, JR., ALBERT W 529 CITY HALL PHILADELPHIA PA 19107 (215)686-7934 (215)686-3717 - FAX 5 ADFT A2745 DAVID, EDWARD J MYLOTTE DAVID & FITZPATRICK WHETSTONE RUN OFFICE COMPLEX 450 PARKWAY, SUITE 300 BROOMALL PA 19008 (610)946-0572 (610)946-0588 - FAX 6 1 APLF A86258 CHERICO, COLIN M BLANK ROME LLP ONE LOGAN SQUARE PHILADELPHIA PA 19103 (215)569-5316 (215)832-5376 - FAX 7 1 APLF A82871 HYMOWITZ, CRAIG L PAGE 2 REPORT : ZDRDOCT' First Judicial District RUN DATE 01/22/07 USER ID: COS CIVIL DOCKET REPORT RUN TIME 09:14 AM CASE ID 050401545 Seq # Assoc Expn Date Type ID Party Name / Address & Phone No ONE LOGAN SQ BLANK ROME COMISKY&MCCAULEY PHILADELPHIA PA 19103 (215)569-5345 Filing Date / Time Docket Entry Date Entered 13-APR-05 13:36:53 ACTIVE CASE 13-APR-05 13-APR-05 13:44:11 COMMENCEMENT OF CIVIL ACTION 13-APR-05 ADLER, MICHAEL 13-APR-05 13:44:11 SHERIFF'S SURCHARGE 1 DEFT 13-APR-05 ADLER, MICHAEL 13-APR-05 13:44:11 WAITING TO LIST CASE MGMT CONF 13-APR-05 13-APR-05 13:44:11 COMPLAINT FILED NOTICE GIVEN 13-APR-05 ADLER, MICHAEL COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. 31-MAY-05 13:49:26 LISTED FOR CASE MGMT CONF 31-MAY-05 02-JUN-05 00:02:17 NOTICE GIVEN 02-JUN-05 29-JUN-05 14:50:00 ENTRY OF APPEARANCE FILED 30-JUN-05 DAVID, EDWARD J ENTRY OF APPEARANCE OF EDWARD J DAVID ESQ FILED ON BEHALF OF DFTS MYLOTTE, DAVID AND FITZPATRICK. 02-JUL-05 00:01:25 NOTICE GIVEN 02-JUL-05 29-JUL-05 10:48:05 CASE MGMT CONFERENCE COMPLETED 29-JUL-05 SHEPPARD, JR., ALBERT W 29-JUL-05 10:48:05 CASE MANAGEMENT ORDER ISSUED 29-JUL-05 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ARDEN SEVEN PENN PARTNERS LP VS MYLOTTE 050401545 COMMERCE PROGRAM CASE MANAGEMENT ORDER EXPEDITED TRACK AND NOW, 29-JUL-2005, it is Ordered that: 1. The case management and time standards adopted for commerce program, expedited track cases shall apply and are hereby incorporated into this Order. 2. All discovery on the above matter shall be completed not later than 05-DEC-2005. 3. Plaintiff shall identify and submit curriculum vitae and expert reports for all expert witnesses intended PAGE' 3 REPORT : ZDRDOCT' First Judicial District RUN DATE 01/22/07 USER ID: COS CIVIL DOCKET REPORT RUN TIME 09:14 AM CASE ID 050401545 Filing Date / Time Docket Entry Date Entered to testify at trial to all other parties not later than 05-DEC-2005. 4. Defendant(s) and any additional defendant(s) shall identify and submit curriculum vitae and expert reports for all expert witnesses intended to testify at trial not later than 03-JAN-2006. 5. All pre-trial motions (other than motions in limine) shall be filed not later than 17-JAN-2006. 6. A settlement conference may be scheduled at any time after 06-MAR-2006. On or before that date all counsel shall serve all opposing counsel and file a settlement memorandum containing the following: (a) The plaintiff(s)shall provide a concise statement of the theory of the case. The defendant(s) and additional defendant(s) shall provide a concise statement as to the nature of the defense. (b) A statement by the plaintiff(s) itemizing all damages sought by categories and amount; (c) Defendant(s) and additional defendant(s) shall identify all applicable insurance carriers, together with corresponding limits of liability. 7. A pre-trial conference will be scheduled any time after 03-APR-2006. Fifteen days prior to pre-trial conference, all counsel shall serve all opposing counsel or pro se parties and file a pre-trial memorandum containing the following: (a) The plaintiff(s) shall provide a concise statement of the theory of the case. The defendant(s) and additional defendant(s) shall provide a concise statement as to the nature of the defense; (b) A list of all witnesses who may be called to testify at trial by name and address. Counsel should expect witnesses not listed to be precluded from testifying at trial; (c) A list of all exhibits the party intends to offer into evidence. All exhibits shall be numbered and exchanged among counsel prior to the conference. Counsel should expect any exhibit not listed to be precluded at trial; (d) Plaintiff shall itemize all damages claimed by category and amount; (e) Defendant(s) and additional defendant(s) shall state a position regarding damages claimed and shall identify all applicable insurance carriers, together with applicable limits of liability; and, (f) An estimate of the anticipated length of trial. 8. It is expected that the case will be ready for trial 01-MAY-2006, which is the earliest date pursuant to Pa.R.C.P. 212.1, and counsel should anticipate trial to begin expeditiously thereafter. 9. All counsel are under a continuing obligation and are hereby Ordered to serve a copy of this Order upon all unrepresented parties and upon all counsel entering an appearance subsequent to the entry of this Order. REPORT : ZDRDOCT' . PAGE` 4 First Judicial District RUN DATE 01/22/07 USER ID: COS CIVIL DOCKET REPORT RUN TIME 09:14 AM CASE ID 050401545 Filing Date / Time Docket Entry Date Entered BY THE COURT: ALBERT SHEPPARD, JR., J. TEAM LEADER 29-JUL-05 10:48:05 LISTED FOR SETTLEMENT CONF 29-JUL-05 29-JUL-05 10:48:06 LISTED FOR TRIAL 29-JUL-05 29-NOV-05 15:14:46 ORDER ENTERED/236 NOTICE GIVEN 29-NOV-05 SHEPPARD, JR., ALBERT W AND NOW, THIS 28TH DAY OF NOVEMBER, 2005 UPON CONSIDERATION OF THE MOTION OF PLAINTIFF ARDEN SEVEN PENN PARTNERS, L.P. TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT MYLOTTE, DAVID & FITZPATRICK PURSUANT TO PA.R.CIV. P. 4019 ("THE MOTION TO COMPEL") AND ANY RESPONSE THERETO, IT IS HEREBY ORDERED AND DECREED THAT THE MOTION TO COMPEL IS GRANTED. DEFENDANT MYLOTTE SHALL PROVIDE FULL AND COMPLETE RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTION, WITHIN TWENTY (20) DAYS OF THIS ORDER, OR SUFFER SANCTIONS UPON FURTHER APPLICATION TO THE COURT .... BY THE COURT: SHEPPARD, J. 11-28-05 29-NOV-05 15:23:37 ORDER ENTERED/236 NOTICE GIVEN 29-NOV-05 SHEPPARD, JR., ALBERT W AND NOW, THIS 28TH DAY OF NOVEMBER, 2005, UPON CONSIDERATION OF THE MOTION OF PLAINTIFF ARDEN SEVEN PENN PARTNERS, L.P. TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROMD EFENDANT MYLOTTE, DAVID & FITZPATRICK PURSUANT TO PA.R.CIV.P. 4019 ("THE MOTION TO COMPEL") AND ANY RESPONSE THERETO, IT IS HEREBY ORDERED AND DECREED THAT THE MOTION TO COMPEL IS GRANTED. DEFENDANT MYLOTTE SHALL PROVIDE FULL AND COMPLETE RESPONSES TO THE DISCOVERY REQUESTS, WITHOUT OBJECTION WITHIN TWENTY (20) DAYS OF THIS ORDER, OR SUFFER SANCTIONS UPON FURTHER APPLICAITON TO THE COURT ..... BY THE COURT: SHEPPARD, J 11-28-05 27-FEB-06 09:30:19 CONFERENCE DATE SET 27-FEB-06 SHEPPARD, JR., ALBERT W 27-FEB-06 09:31:58 LISTED FOR SETTLEMENT CONF 27-FEB-06 27-FEB-06 10:49:09 CASE RESCHEDULED BY COURT 27-FEB-06 SHEPPARD, JR., ALBERT W 27-FEB-06 10:50:00 LISTED FOR SETTLEMENT CONF 27-FEB-06 REPORT ZDRDOCT' USER ID: COS First Judicial District PAGk 5 RUN DATE 01/22/07 CIVIL DOCKET REPORT RUN TIME 09:14 AM CASE ID 050401545 Filing Date / Time Docket Entry Date Entered 01-MAR-06 00:01:31 NOTICE GIVEN O1-MAR-06 20-MAR-06 10:43:57 CASE RESCHEDULED BY COURT 20-MAR-06 SETTLEMENT CONF OF 3/17/06 IS RESCHEDULED TOB4/11/06TQHELL L 10:30 20-MAR-06 10:45:06 LISTED FOR SETTLEMENT CONF 20-MAR-06 22-MAR-06 00:01:12 NOTICE GIVEN 22-MAR-06 22-MAR-06 13:20:17 CASE RESCHEDULED BY COURT 22-MAR-06 PER LETTER OF MITCHELL BACH SETTLEM ENT CONF BSCH, MITCHELL L RESCHEDULED TO 4/14/06 @ 10:30 22-MAR-06 13:25:27 LISTED FOR SETTLEMENT CONF 22-MAR-06 24-MAR-06 00:01:23 NOTICE GIVEN 24-MAR-06 03-AUG-06 16:05:11 WAITING TO LIST PRE-TRIAL CONF 03-AUG-06 SHEPPARD, JR., ALBERT W 03-AUG-06 16:05:15 SETTLEMENT CONF COMPLETED 03-AUG-06 SETTLEMENT CONF OF 4/13/06 IS COMPLETED BACH, MITCHELL L 03-AUG-06 16:08:44 LISTED FOR PRE-TRIAL CONF 03-AUG-06 05-AUG-06 00:01:14 NOTICE GIVEN 05-AUG-06 17-AUG-06 16:31:23 ENTRY OF APPEARANCE-CO COUNSEL 18-AUG-06 ENTRY OF APPEARANCE OCOLIN M. CHERI CO, ALFOLIN M CO FILEDCONRBEH OF PLAINTIFF. 22-AUG-06 00:01:12 NOTICE GIVEN 22-AUG-06 25-AUG-06 13:35:00 ENTRY OF APPEARANCE FILED 28-AUG-06 ENTRY OF APPEARANCE OF CRAIG HYMOWITZ FILEDHONOBEHALFCRAIG L OF PLF. 28-AUG-06 12:34:00 PRETRIAL CONFERENCE COMPLETED 28-AUG-06 SHEPPARD, JR., ALBERT W 28-AUG-06 12:34:06 WAITING TO LIST FOR TRIAL 28-AUG-06 SHEPPARD, JR., ALBERT W 28-AUG-06 12:35:05 LISTED FOR TRIAL ONE DAY NON JURY TRIAL SCHEDULED FOR 9/21/06 AT 9:308AMUG-06 IN COURTROOM 513 CITY HALL. REPORT ZDRDOCT' USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 050401545 ' PAGE 6 RUN DATE 01/22/07 RUN TIME 09:14 AM Filing Date / Time Docket Entry 28-AUG-06 12:41:57 STATUS RESPONSE RECEIVED SHEPPARD, STATUS REPORT RECEIVED AUGUST 15, 2006. Date Entered 28-AUG-06 JR., ALBERT W 28-AUG-06 12:43:41 CORRECTIVE ENTRY 28-AUG-06 STATUS RESPONSE RECEIVED INCORRECTLY DOCKETED ON THIS CASE. 30-AUG-06 00:01:07 NOTICE GIVEN 30-AUG-06 20-SEP-06 11:20:29 CASE RESCHEDULED BY COURT 20-SEP-06 SHEPPARD, JR., ALBERT W 20-SEP-06 11:21:20 LISTED FOR TRIAL 20-SEP-06 ONE DAY NON JURY TRIAL RESCHEDULED TO 10/20/06 AT 9:30 AM IN COURTROOM 513 CITY HALL. 22-SEP-06 00:01:11 NOTICE GIVEN 22-SEP-06 20-OCT-06 12:22:54 WAITING TO LIST STATUS CONF 20-OCT-06 SHEPPARD, JR., ALBERT W TRIAL CONTINUED. STATUS HEARING SCHEDULED FOR 1/9/07 AT 9:30 AM IN COURTROOM 513 CITY HALL. 20-OCT-06 12:24:01 LISTED FOR STATUS CONFERENCE 20-OCT-06 24-OCT-06 00:01:09 NOTICE GIVEN 24-OCT-06 09-JAN-07 11:47:21 JUDGMENT ENTERED 377,000.00 09-JAN-07 SHEPPARD, JR., ALBERT W UPON CONSIDERATION OF ALL MATTERS OF RECORD AND THE LISTING OF THIS MATTER FOR TRIAL AND IT APPEARING THAT THE DEFENDANT DOES NOT HAVE A DEFENSE, IT IS ORDERED THAT A JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $377,000.00 BE ENTERED OF RECORD. BY THE COURT .... SHEPPARD, JR., J. 1/9/07 09-JAN-07 11:47:22 NOTICE GIVEN UNDER RULE 236 09-JAN-07 * * * End of Docket * * * Judgment certified in the amount of $377,000.00 CERTIFIED FROM THE RECORD ON JAN 2 2 2001 JOSEPH H. EVERS PROT 0 TARY OF PHILAD , HIA COUNTY c?? O ? p w G t? v 71 l Fi l r- N -c, r -; ? : W J c LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17`h Floor Philadelphia, PA 19103 Plaintiff V. Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Defendant And Pennsylvania Medical Society Liability Insurance Company 1700 Bent Creek Boulevard Mechanicsburg, PA 17050-1865 Garnishee Docket No.: 0 ?- 5Y? C6qj 7;il PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland Count PA, (2) against Mylotte, David & Fitzpatrick. Defendant(s); (3) and against Pennsylvania Medical Society Liability Insurance Company, 1700 Bent Creek Boulevard, Mechanicsburg, PA 17050-1865 Garnishee(s); (4) and index this writ (A) against Mylotte, David & Fitzpatrick Defendant(s) (B) and against Pennsylvania Medical Society Liability Insurance Company Garnishee(s), t i as a lis pendens against the real property of the defendant(s) in the name of the garnishee(s). Specifically describe the property per attached property description: (5) Amount Due: $377,000.00 Interest From: Attorneys' Fees Total: $377,000.00 T er Tomlinson, Esquire "Print Name I.D. No. 76678 892 Second Street Pike, Suite C Richboro, PA 18954 Address c ,-- ?::a -y-t - - C.,_ Y_ }? - _? ?i W ? `?r ? 1 ?? ( ? i., q`? tJ ? `) U ? ? d ?, ? .. y? ..? r. ,. ?. A? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-546 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Arden Seven Penn Partners, LP Seven Penn Center 1635 Market Street, 17`h Floor, Philadelphia, Pa. 19103 Plaintiff (s) From Mylotte, David & Fitzpatrick Whetsone Run Office Complex 450 Parkway Suite 300, Broomall, Pa. 19008 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Pennsylvnia Medical Society Liability Insurance Company 1700 Bent Creek Boulevard, Mechanicsburg, Pa. 17050 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $377,000.00 Interest Atty's Comm % Atty Paid $ 38.00 Plaintiff Paid Date: January 29, 2007 L.L.$ 0.50 Due Prothy $1.00 Other Costs i3/ c'r" C is R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Tyler Tomlinson Esquire Address: 892 Second Street Pike, Suite c Richboro, Pa. 18954 Attorney for: Plaintiff Telephone: (215)322-8300 Supreme Court ID No. 76678 OFFICE OF THE PROTHONOTARY OF COMMON PLEAS OF CUMBERLAND COUNTY NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17 1h Floor Philadelphia, PA 19103 Plaintiff V. Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Defendant Docket No.: a eecr -7 JUDGMENT NOTICE Pursuant to Pa. R.C.P. No. 236, this .20'day of January, 2007, Judgment of $377,000.00 (three hundred seventy-seven dollars), together with costs and interest, for Plaintiff, Arden Seven Penn Partners, LP., and against Defendant, Mylotte, David & Fitzpatrick was transferred to Cumberland County from Philadelphia County. PROTHONOTARY: By: fs I C ,ti ' Should you have any questions, please contact: Tyler Tomlinson, Esquire, LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. 892 Second Street Pike, Suite C, Richboro, PA 18954 Telephone: 215/322-8300 Facsimile: 215/322-7646 LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17th Floor Philadelphia, PA 19103 Plaintiff V. Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Docket No.: Defendant AFFIDAVIT OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA } } SS. COUNTY OF BUCKS } TYLER TOMLINSON, ESQUIRE, being duly sworn according to law, deposes and says that he the attorney for Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff, that the judgment against Defendant, Mylotte, David & Fitzpatrick is valid enforceab , and unsatisfied. TOMLINSON, ESQUIRE SWORN to and subscribed before me this 26th day of January, 2007. c to Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE K. WINKLER, Notary Public Northampton Twp., Bucks County My Commission Expires May 20, 2010 LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17th Floor Philadelphia, PA 19103 Plaintiff V. Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Docket No.: Defendant AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF BUCKS TYLER TOMLINSON, ESQUIRE, being duly sworn according to law, deposes and says that he the attorney for Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff; that the address of the Plaintiff is Arden Seven Penn Partners, LP, Seven Penn Center, 1635 Market Street, 17th Floor, Philadelphia, Pennsylvania 19103; and the address of the Defendant is Mylotte, David & Fitzpatrick, Whetstone Run Office, 450 Parkway, Suite 300, Bro all, Pennsylvania, 19008. v TOMLINSON, ESQUIRE SWORN to and subscribed before me this 26th day of January, 2007. 7 •otar Public COMMONWEALTH OF PANNSY V Nib NOTARIAL SEAT. STEPHANIE K. WINKLER, Notary Public Northampton Twp.. Bucks County My Commission Expires May 20.2010 91- Q v !°? rv C y O i T7 Q0 j _ F..! 'i r T! CIAC ) "C r0A IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS ARDEN SEVEN PENN PARTNER, LP. Plaintiff, V. No. 07-546 MYLOTTE, DAVID, & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY Garnishee ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for garnishee PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY and send all orders and notices to me at the address noted below. Robert B. Hoffman Wolf Block Schorr and olis-Cohen LLP I.D. No. 23846 213 Market Street, 9th F r P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 HAR:71493.1 /PEN 2 60-22 1 7 1 9 ." 44t IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS ARDEN SEVEN PENN PARTNER, LP. Plaintiff, V. No. 07-546 MYLOTTE, DAVID, & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY Garnishee CERTIFICATE OF SERVICE I hereby certify that on February 22, 2007, I caused a copy of the foregoing document to be served by first class mail, postage prepaid, on the following counsel of record: Henry E. Van Blunk Tyler Tomlinson Kenneth Ferris Liederbach, Hahn, Foy & Van Blunk 892 Second Street -- Suite C Richboro PA 18954-1005 Ed David Mylotte David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 j Robert B. Hoffinan ' Wolf Block Schorr and S lisc I.D. No. 23846 213 Market Street, 9th Fl or P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 HAR:71494.1 /PEN260-221719 ? ? ??. ? ? , -r- -n Y} , : , r g ca R' ?: ?; ? - _?. r- x t' ?r? ? _ r .. -?? ,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARDEN SEVEN PENN PARTNERS, LP Plaintiff V. Docket No. 07-546 MYLOTTE DAVID & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY Garnishee ANSWERS OF THE PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY TO INTERROGATORIES Garnishee the PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY ("PMSLIC") responds as follows to Plaintiff's Interrogatories. 1. At the time you were served or at any subsequent time, did you owe the Defendant(s) any money or were you liable to Defendant(s) on any negotiable or other written instrument, or did Defendant(s) claim that you owed the Defendant(s) any money or were liable to Defendant(s) for any reason? Response: Yes. Defendant is representing PMSLIC insured in one open matter (Weiner vs. Fisher, M.D., file #336585), in which there are no outstanding bills; the matter is pending decision on a Petition for Allowance of Appeal. Defednat has represented PMSLIC insureds in two additional cases, now closed, in which invoices were recently received, as follows: Colon vs. Temple - Abernathy vs. Salkind, M.D. - File # 339190 File # 339769 Case closed on 12/19/06 Case closed on 9/1/06 Final bill received seeking payment in Bill for $51.75 received the amount of $1,732.50 2. At the time you were served or any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the Defendant(s)? Response: No. 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant(s) or in which Defendant(s) held or claimed any interest? HAR:71496.1 PEP/22/21C7/THU 11:59 Ark FMSLIC Claims FAY No.717-796-8080 P.003 Response: No. 4. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant(s) had an interest? Response: No. 5. At any time beFore or after you were served, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? Response: No. 6. At the time you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the direction of Defendant(s) or otherwise discharge any claim of the Defendant(s) against you? Response: No. In particular, PMSLIC has not.paid over the monies noted in response to Interrogatory #1. 7. Does Defendant maintain any accounts with FMSLIC? Response: No. 8. If so, please identify any and all accounts and the balance that is maintained in the accounts. Response: N/A. 9. Please identify all accounts/matters that Mylotte, David & Fitzpatrick is currently handling for FMSLIC. Response: See response to Interco tory I above. As to Answers: - /L__'Zj RIC ANGLE Claims Teams Leader Robert B. Hoffman Wolf Block Schorr and Solis-Cohen LLP I.D. No. 23846 213 Market Street, 9th Floor P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 - 2-;AA: 71496.1. P s Response: No. 4. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant(s) had an interest? Response: No. 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? Response: No. 6. At the time you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the direction of Defendant(s) or otherwise discharge any claim of the Defendant(s) against you? Response: No. In particular, PMSLIC has not paid over the monies noted in response to Interrogatory #1. 7. Does Defendant maintain any accounts with PMSLIC? Response: No. 8. If so, please identify any and all accounts and the balance that is maintained in the accounts. Response: N/A. 9. Please identify all accounts/matters that Mylotte, David & Fitzpatrick is currently handling for PMSLIC. Response: See response to Interrogatory 1 above. As to Answers: RICHARD ZANGLE Claims Team Leader Robert B. Hofiihari( Wolf Block Schorr/an is-Cohen LLP I.D. No. 23846 213 Market Street, 9th Floor P. O. Box 865 Harrisburg, PA 1 108-0865 (717) 237-7182 HAR:71496.1 -2- 1 4. IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS ARDEN SEVEN PENN PARTNER, LP. Plaintiff, V. : No. 07-546 MYLOTTE, DAVID, & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY Garnishee CERTIFICATE OF SERVICE I hereby certify that on February 22, 2007, I caused a copy of the foregoing document to be served by first class mail, postage prepaid, on the following counsel of record: Henry E. Van Blunk Tyler Tomlinson Kenneth Ferris Liederbach, Hahn, Foy & Van Blunk 892 Second Street -- Suite C Richboro PA 18954-1005 Ed David Mylotte David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Robert B. Hofflnank `-? Wolf Block Schorr d Solis-Cohen LLP I.D. No. 23846 213 Market Street, 9 h Floor P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 HAR:71494.1 /PEN260-221719 -T I ' t. -rn .. r LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attornevs for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17th Floor Philadelphia, PA 19103 Plaintiff V. Docket No.: 07-546 Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Defendant And Pennsylvania Medical Society Liability Insurance Company 1700 Bent Creek Boulevard Mechanicsburg, PA 17050-1865 Garnishee PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES 1( O THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against the above named Garnishee, Pennsylvania Medical Society Liability Insurance Company in the sum of $1,784.25 said sure being admitted in their Answers to Interrogatories as being owing tv the Defendant and which is not greater than the stem from Defendant to Plaintiff. See PMSLIC's Answers to Interrogatories attached hereto as Exhibit "A". Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the Garnishee as to any further property or to contest any right in the property claimed by the Garnishee. I certify that the precise address(es) of Plaintiff, Defend;uit, and Garnishee are its set forth in the above caption. LIEDERBACI:I, I IAIIN, Ia0Y &VAN U N I P. C. By: -- E RY E. VAN SLUNK, ESQUIRE T I_,ER TOML.INSON, ESQUIRE. KENNETH FERRIS, ESQUIRE Attorneys for Plaintiff, Dated: February 26; 2007 Arden Seven Penn Partners, LP JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOT K'E GIVEN PURSUANT TO Pa. R.C.P. 22") SEAL PIZ Li " ' ONO''ARY y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARDEN SEVEN PENN PARTNERS, LP Plaintiff V. Docket No. 07-546 MYLOTTE DAVID & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY Garnishee ANSWERS OF THE PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY TO INTERROGATORIES Garnishee the PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY ("PMSLIC") responds as follows to Plaintiff's Interrogatories. 1. At the time you were served or at any subsequent time, did you owe the Defendant(s) any money or were you liable to Defendant(s) on any negotiable or other written instrument, or did Defendant(s) claim that you owed the Defendant(s) any money or were liable to Defendant(s) for any reason? Response: Yes. Defendant is representing PMSLIC insured in one open matter (Weiner vs. Fisher, M.D., file #336585), in which there are no outstanding bills; the matter is pending decision on a Petition for Allowance of Appeal. Defednat has represented PMSLIC insureds in two additional cases, now closed, in which invoices were recently received, as follows: Colon vs. Temple - Abernathy vs. Salkind, M.D. - File # 339190 File # 339769 Case closed on 12/19/06 Case closed on 9/1/06 Final bill received seeking payment in Bill for $51.75 received the amount of $1,732.50 2. At the time you were served or any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the Defendant(s)? Response: No. 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant(s) or in which Defendant(s) held or claimed any interest? HAR:71496.1 PED/22/2007/THU 11.59 AM PMSLIC Maims FAX No. 717-796-8060 FWSJ Response: No. 4. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant(s) had an interest? Response: No. 5. At any time before or alter you were served, did the Defendant(s) transfer or deliver any properly to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? Response: No. 6. At the time you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the direction of Defendant(s) or otherwise discharge any claim of the Defendant(s) against you? Response: No. In particular, PMSLIC has not.paid over tine monies noted in response to Interrogatory #1. 7. Does Defendant maintain any accounts with PMSLIC? Response: No. 8. If so, please identify any and all accounts and the balance that is maintained in the accounts. Response: N/A, . 9. Please identify all accounts/matters that Mylotte, David & Fitzpatrick is currently handling for PMSLIC. Response: See response to int!NG tort' I above. As to Answers: RIC E Cla ims Teaiocr Leader Robert B. HoOman Wolf Block Schorr and Solis-Cohen LLP I.D. No. 23846 213 Market Street, 9th Floor P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 RAR:71496-1 is Response: No. 4. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant(s) had an interest? Response: No. 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? Response: No. 6. At the time you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the direction of Defendant(s) or otherwise discharge any claim of the Defendant(s) against you? Response: No. In particular, PMSLIC has not paid over the monies noted in response to Interrogatory # 1. 7. Does Defendant maintain any accounts with PMSLIC? Response: No. 8. If so, please identify any and all accounts and the balance that is maintained in the accounts. Response: N/A. 9. Please identify all accounts/matters that Mylotte, David & Fitzpatrick is currently handling for PMSLIC. Response: See response to Interrogatory 1 above. As to Answers: RICHARD ZANGLE Claims Team Leader Robert B. Hoffrhan( Wolf Block Schorr an is-Cohen LLP I.D. No. 23846 213 Market Street, 9th Floor P. O. Box 865 Harrisburg, PA 1 108-0865 (717) 237-7182 HAR:71496.1 -2- lb" . IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS ARDEN SEVEN PENN PARTNER, LP. Plaintiff, V. No. 07-546 MYLOTTE, DAVID, & FITZPATRICK Defendant PENNSYLVANIA MEDICAL SOCIETY LIABILITY : INSURANCE COMPANY Garnishee CERTIFICATE OF SERVICE I hereby certify that on February 22, 2007, I caused a copy of the foregoing document to be served by first class mail, postage prepaid, on the following counsel of record: Henry E. Van Blunk Tyler Tomlinson Kenneth Ferris Liederbach, Hahn, Foy & Van Blunk 892 Second Street -- Suite C Richboro PA 18954-1005 Ed David Mylotte David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Robert B. Hoffhian\ Wolf Block Schorr d Solis-Cohen LLP I.D. No. 23846 213 Market Street, 9 h Floor P. O. Box 865 Harrisburg, PA 17108-0865 (717) 237-7182 HAR:71494.1 /PEN260-22 1 71 9 Certificate of Service I, TYLER TOMLINSON, ESQUIRE, hereby certify that a copy of the foregoing document was served via first class mail on February 26, 2007, upon the following individuals: Robert B. Hoffman, Esquire Wolf Block Schorr and Solis-Cohen, LLP 213 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 Attorney for PMSLIC, Garnishee Edward J. David, Esquire Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 Attorney for Defendant t/ T LER TOMLINSON, ESQUIRE F ? c c r W n OFFICE OF THE PROTHONOTARY OF COMMON PLEAS OF CUMBERLAND COUNTY NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. HENRY E. VAN BLUNK, ESQUIRE I.D. No. 70751 TYLER TOMLINSON, ESQUIRE I.D. No.: 76678 KENNETH FERRIS, ESQUIRE I.D. NO.: 92335 892 Second Street - Ste. C Richboro, PA 18954-1005 (215) 322-8300 Attorneys for Plaintiff Arden Seven Penn Partners, LP Court of Common Pleas Seven Penn Center Cumberland County, Pennsylvania 1635 Market Street, 17th Floor Philadelphia, PA 19103 Plaintiff V. Docket No.: 07-546 Mylotte, David & Fitzpatrick Whetstone Run Office Complex 450 Parkway, Suite 300 Broomall, PA 19008 . Defendant And . Pennsylvania Medical Society Liability Insurance Company 1700 Bent Creek Boulevard Mechanicsburg, PA 17050-1865 Garnishee JUDGMENT NOTICE Pursuant to Pa. R.C.P. No. 236, this 27th day of February, 2007, Judgment of $1,784.25 (one thousand seven hundred eighty-four dollars and twenty-five cents), for Plaintiff, Arden Seven Penn Partners, LP., and against Garnishee, Pennsylvania Medical Society Liability Insurance Company is entered. PROTHONOTARY: By: Should you have any questions, please contact: Tyler Tomlinson, Esquire, LIEDERBACH, HAHN, FOY & VAN BLUNK, P.C. 892 Second Street Pike, Suite C, Richboro, PA 18954 Telephone: 215/322-8300 Facsimile: 215/322-7646 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-00546 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND ARDEN SEVEN PENN PARTNERS LP VS MYLOTTE DAVID & FITZPATRICK And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:50 Hours, on the 31st day of January , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MYLOTTE DAVID & FITZPATRICK in the hands, possession, or control of the within named Garnishee PENNSYLVANIA MEDICAL SOCIETY LIABILITY INSURANCE COMPANY 1700 BENT CREEK BLVD MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to JOHN ZDANOWICZ (DIRECTOR OF CLAIMS personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 / .00 a115'Ia ?s Sworn and Subscribed to before me this true and made S o a 0000 R. Thomas Kline Sheriff of Cumberland County 02/01/2007 day of By Deputy er ff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 89.05 Docketing 18.00 60.95 Poundage 1.75 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 09/11/07 Mileage 8.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 89.05 ,/ io11P'o 7 So 31p, R. Thomas Kline, Sheriff By(? n L'X--ed 41 hZ .E d E N V Vr loll I , so 0 v Ck 66'? 9F 0, /991" 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-546 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Arden Seven Penn Partners, LP Seven Penn Center 1635 Market Street, 17`n Floor, Philadelphia, Pa. 19103 Plaintiff (s) From Mylotte, David & Fitzpatrick Whetsone Run Office Complex 450 Parkway Suite 300, Broomall, Pa. 19008 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Pennsylvnia Medical Society Liability Insurance Company 1700 Bent Creek Boulevard, Mechanicsburg, Pa. 17050 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $377,000.00 Interest Atty's Comm % Atty Paid $ 38.00 Plaintiff Paid Date: January 29, 2007 (Seal) L.L.$ 0.50 Due Prothy $1.00 Other Costs /5/ P ' r L Cuitis R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name Tyler Tomlinson Esquire Address: 892 Second Street Pike, Suite c Richboro, Pa. 18954 Attorney for: Plaintiff Telephone: (215)322-8300 Supreme Court ID No. 76678