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Home My WebLink About03-0350HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett, Esquire Attorney ID #41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 Attorneys for Plaintiff: Automotive of York, Inc. : IN THE COURT OF COMMON PLEAS OF AUTOMOTIVE OF YORK, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION - LAW BIG DOG AUTO SALES, INC. t/d/b/a · CARTOWNE SERVICE CENTER, : Defendants : PRAECIPE TO INDEX JUDGMENT TO THE PROTHONOTARY: Kindly index judgment in the amount of $8,777.01, with interest from January 6, 2003, in favor of the Plaintiff, Automotive of York, Inc., and against Defendants, Big Dog Auto Sales, Inc. t/d/b/a Cartowne Service Center. Attached to this Praecipe as Exhibit A, is a time stamped copy of the Praecipe for the Entry of Default Judgment, and attached as Exhibit B, is the Exemplified Record issued by the York County Prothonotary. Dated: \6:2~-.~o ..% ~~_..A~U~, DERHILL & BRUBAKER~ LLP By: "q ~ '"~'~ Mark E. Love~'ffT~uire Attorney ID #41071 Attorneys for Plaintiff 00279704.1 Exhibit A COURT OF Office of the Prothonotary of COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE AUTOMOTIVE OF YORK, INC., Plaintiff/s, VS. BIG DOG AUTO SALES, INC. t/d/b/a CARTOWNE SERVICE CENTER, Defendant/s. 2002-SU-05755-01 20 02,#05755-01 Equity Docket page Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notifiedo~ that there was entered in this office today, in the above-captioned case - X Judgment of $8,777. O1 for Plaintiff/s and against Defendant/s, B~_-g~---~.og..~ Auto Sales t/d/b/a Cartowne Service ~e~ [] Judgment for Defendant/s and against Plaintiff/s. ~'~ [] Order or Decree in favor of Dated: PROTHONOTARY To: MARK E. LOVETT, ESQUIRE HARTMAN UNDERHILL & BRUBAKER LLP 221 EAST CHESTNUT STREET LANCASTER PA 17602-2782 00278446.1 Exhibit B further certify that judgment was entered in favor of /~ said case i~ .he amo.~ of ~ ~::?. ~/ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the /~ day of / - / ~rothonotary In The Court of Common Pleas of York County, Pennsylvania AUTOMOTIVE OF YORK INC VS BIG DOG AUTO SALES INC T/D/B/A CARTOWNE SERVICE CENTER Case Number 2002 SU 05755 01 Case Type Civil Action Certification of Docket Entries and Judgments I, the undersigned Prothonotary of the Court of Common Pleas of York County, Pennsylvania, do hereby certify that the following is a full, true and correct copy of the docket entries in the above captioned case. APPEAPJtNCES D 001 BIG DOG AUTO SALES INC I/NREPRESENTED 1073 HARRISBURG PIKE CB-RLISLE PA 17013 D 002 CARTOWNE SERVICE CENTER UNREPRESENTED 1073 HARRISBURG PIKE CARLISLE PA 17013 P 001 AUTOMOTIVE OF YORK INC LOVETT, MARK E 151 N ADAMS ST YORK PA 17404 DOCKET ENTRIES 2002/11/22 COMPLAINT IN A CIVIL ACTION 100.00 2002/12/13 SHERIFF RETURN OF SERVICE 33.11 CMPLNT SERVED TO BIG DOG AUTO SALES 11/27/02 BY SHF OF CUMBERIJtNI) CO 2002/12/13 SHERIFF RETURN OF SERVICE 23.95 DEPUTIZED SHF OF CUMBERLAND CO 2003/01/06 JUDGMENT BY DEFAULT ENTERED AGAINST 16.50 DEFTS FOR FAILURE TO FILE AN ANSWER TO PLTFS COMPLAINT IN THE ]~4T OF 8777.01 DOCKET ENTRIES 2003/01/06 DEFAULT NOTICE RE: PA R C P 237.1 (DEFENSE) W/CERT OF SVC 0.00 2003/01/06 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED MAILED TO BOTH DEFTS & MARK E LOVETT ESQ ON 1/6/2003 @ 3:00PM THIS RECORD: 15.75 0.00 TOTAL AMT.: 189.31 JUDGMENT INDEX FOR PARTY AUTOMOTIVE OF YORK INC AUTOMOTIVE OF YORK INC AGAINST PARTY BIG DOG AUTO SALES INC CARTOWNE SERVICE CENTER AMOUNT DATE STAT 8777.01 2003/01/06 A 8777.01 2003/01/06 A HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett, Esquire Attorney ID #41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 Attorneys for Plaintiff: Automotive of York, Inc. · IN THE COURT OF COMMON PLEAS OF AUTOMOTIVE OF YORK, INC., Plaintiff BIG DOG AUTO SALES, INC. t/d/b/a CARTOWNE SERVICE CENTER, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No.: PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) TO THEPROTHONOTARY: Kindly issue a Writ of Execution in the above-captioned matter, directed to the Sheriff of Cumberland County, against Big Dog Auto Sales, Inc. t/d/b/a Cartowne Service Center, 1073 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013, and direct the Sheriff to levy on and sell any and all personal property of any nature whatsoever of the Defendant, Big Dog Auto Sales, Inc. t/d/b/a Cartowne Service Center, located at their place of business, 1073 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania ~., o 17013. Also direct the Sheriff to serve interrogatories on the Garnishee, PNC Bank--y.. ~- pursuant to Pa.R.C.P. 3144(a). Amount of Judgment .......................................... $8,777.01 Interest on $8,777.01 at 6% per annum from 1/6/2003 ................................................ $131.66 Plus costs .............$ Date: \~' By: Mark E. Lovett, Esqu-'ige, Attorney ID #41071 Attorneys for Plaintiff 00279663.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-350 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AUTOMOTIVE OF YORK, INC., Plaintiff (s) From BIG DOG AUTO SALES, INC T/D/B/A CARTOWNE SERVICE CENTER, 1073 HARRISBURG PIKE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF ANY NATURE WHATSOEVER. (2) You are also directed to attach the property of the defendant(s) not levied upon in the p°ssessi°n of PNC BANK, 46 MJ MALL, SOUTH HANOVER ST., CARLISLE, PA 17013 - SERVE INTERROGATORIES GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,777.01 L.L. $.50 Interest AT 6% PER ANNUM FROM 1/6/03 - $131.66 Atty's Comm % Due Prothy $1.00 AttyPaid $37.50 Other Costs $.50 DUE GARNISHEE Plaintiff Paid Date: JANUARY 22, 2003 (Seal) REQUESTING PARTY: Name MARK E. LOVETT, ESQUIRE Address: 221 EAST CHESTNUT STREET LANCASTER, PA 17602-2782 Attorney for: PLAINTIFF Telephone: 717-299-7254 Supreme Court ID No. 41071 CURTIS R. LONG Prothono~y - Deputy SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee AUTOMOTIVE OF YORK, INC. VS. BIG DOG AUTO SALES, INC. D/B/A CARTOWNE SERVICE CENTER and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE COURT' OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 03-350 TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalfofPNC Bank, National Association, Garnishee, in the above-captioned matter. Date: Attorney for Garnishee SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-00350 p COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND AUTOMOTIVE OF YORK INC VS BIG DOG AUTO SALES INC ET AL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:22 Hours, on the 28th day of January , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEPENDANT BIG DOG AUTO SAI,~S INC T/D/B/A CARTOWNE SERVICE CENTER , in the hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BOULEVARD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ANGELA HETRICK (ASSISTANT MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff,s Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this ./~ day of ~~ ~?~ A.D. t~c/ch0n0t ary ' t rue and made So answers. R. Thomas Kline Sheriff of Cumberland County 00/00/0000 //. ..... { ~u//heri ff HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett, Esquire Attorney ID #41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 Attorneys for Plaintiff: Automotive of York, Inc. AUTOMOTIVE OF YORK, INC., Plaintiff BIG DOG AUTO SALES, INC. t/d/b/a CARTOWNE SERVICE CENTER, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · CIVIL ACTION - LAW : · No.: 2003-00350 PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Please mark the Judgment entered in the above-captioned matter as Satisfied. I~TMAN UNDEI~I~ I~ BRUBAKER LLP Mark E. Lovett,'7~l~i'~ Attorney ID #41071 Attorney for Plaintiff AND NOW, DISCONTINUANCE CERTIFICATE the suit has been marked as above directed· - ~r~ro~o~'ota~ 00289261.1 AUTOMOTIVE OF YORK, INC. VS. BIG DOG AUTO SALES, INC. D/B/A CARTOWNE SERVICE CENTER and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : COURT OF COMMOI PLEAS : COUNTY OF CUMBERLAND .. : NO. 03-350 : ATTORNEY I.D.# ORI)ER TO I)IflCONTINIIE ATTAC. I-IMENT EXECIIT1 TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, PNC Bank, DN National Association, discontinued, upon payment of your costs only. JON C. S~ Attomey foi'Gamishee Attorney for Plaintiff 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: Docketing 18.00 Poundage 2.11 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.90 Misc. Surcharge 30.00 Levy 40.00 Post Pone Sale Garnishee 9.00 TOTAL 107.51 Sworn and Subscribed to before me this -}'~ day of 200 pr6tt/onotary Advance Costs: 150;00 Sheriff's Costs: 107.51 42.49 Refunded to Atty on 12/18/03 R. Thomas Kline, S~heriff ~ 7.33/*0 ~, Iq(,'1'70