The URL can be used to link to this page

Home My WebLink About03-0483IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs & Address: Hilton & Diminick Orthodontics, Edward J. Hilton, and Kenneth Diminick 3412 Trindle Road Camp Hill, PA 17011 V. Defendants & Addresses: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 David Hurley RD #1 97 Bells Hill Road Landisburg, PA 17040 Action No.: O '~ '- ~/~ ~ Civil Action - Law PRAECIPE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned civil action. Date: John A. Aj~Sm, Esquire Attorney/for Plaintiff 8 South Hanover Street/Suite 204 Carlisle, PA 17013 717-249-0900 Attorney ID#: 77961 IN THE COURT OF COMMON PLEAS, Plaintiffs & Address: Hilton & Dim/nick Orthodontics, Edward J. Hilton, and Kenneth Diminick 3925 Linglestown Road Harrisburg, PA Vo Defendants & Addresses: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 David Hurley RD #1 97 Bells Hill Road Landisburg, PA 17040 DAUPHIN COUNTY, PENNSYLVANIA : : :ActionNo.: O ~ : : Civil Action - Law : : : : : : : : : : PRAECIPE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned civil action. Date: John A.~orfi, EsqUire /A~y for Plaintiff ~8 South Hanover Street/Suite 204 Carlisle, PA 17013 71%249-0900 Attorney ID#: 77961 IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs & Address: Hilton & Diminick Orthodontics, Edward J. Hilton, and Kenneth Diminick 3412 Trindle Road Camp Hill, PA 17011 Vo Defendants & Addresses: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 David Hurley RD #1 97 Bells Hill Road Landisburg, PA 17040 Action No.: Civil Action - Law WRIT OF SUMMONS You are notified that Hilton & Diminick Ortodontics has commenced an action against you. Date Date: ABgM&KUTULAKIS, LLP ~ Abom, Esquire Attorney for Plaintiff 8 South Hanover Street/Suite 204 Carlisle, PA 17013 717-249-0900 Attorney ID#: 77961 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILTON & DIMINICK ORTHODONTICS VS HURLEY BONNIE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HURLEY BONNIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 10th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 42.60 .00 79.60 02/ 0/2003 ABOM & KUTULAKIS Sheriff of Cumberland County Sworn and subscribed to before me this ,?~-' day of~ A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILTON & DIMINICK ORTHODONTICS VS HURLEY BONNIE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HURLEY DAVID but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 10th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/10/2003 ABOM & KUTULAKIS Sheriff of Cumberland County Sworn and subscribed to before me this ? ~ day of -/~ A.D. Prothonotar~ In The Court of Common Ple~s of Cumberland County, Pennsylvania Hilton & Dimin~ck Orthodontics VS. Bonnie Hurley et~ al SERVE: Bonnie Hurlev N0. 03-48q civil NOW, February 3, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the gheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, .,20 03 at 8:15 o'clock within Writ of Summons upon Bonnie Hurley A M. served the Sheriff's Office, Courthouse New Bloomfield Borough, Pa. 17068 by handing to Bonnie Hurley True & Attested and made known to Her copy of the original Writ of Stamons the contents thereof. Chief Deputy So answers, Donald E. Smith Sheriff of Perry County, PA Sworn and subscribed before me this ~l 'day of"/c_eJ~uap/_, 2003 MARGARETE FUCKINGER NOTA~BUC J ~ BLOO~ELD ~RO., ~R~UN~ L ~COMMISSION~PIRE~F~. ~6.2004 I COSTS SER¥TCE MILEAGE AFFIDAVIT In The Court of Commoh Pleas of Cumberland County, Pennsylvania Hilton & Dimini ck Orthodontics VS. Bonnie Hurl ey et. al SERVE: David Hurley No. 03-48~ civil ]~ow, February 3, 20D3 .... hereby deputize the ~heriff of Perry , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within Feb. 4 ~ 20 .03 , at I: 24 o'clock P M. served the Writ of Summons David Hurley upon 97 Bells Hill Rd. Landisburg, Pa. 17040(Spring Towns:hip) by handing to David Hurley a XRl~n~True & Attested and made known to Him copy of the ori~nal Writ of Summons the contents thereof. So answers, James T. Bennett Depu ff of Perry CounW, PA Sworn and s. ubscribed before me this ,.~¢/~ day of/~/~t~ ~(~ 200~ NOTARIAL SEAL /(3 · 0 NOTARI! .., ~ M~R~ICKm~R, Nm~BUG I I BLOOMRELD ~., ~RRY ~UNU I I ~COMMISSION ~PIR~ FEB. 16, ~004 I COSTS SERVICE MILEAGE AFFIDAVIT .$ HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 COMPLAINT AND NOW, the Plaintiffs, through John A. Abom, ofABOM & KUTULAKIS, L.L.P., file this complaint claiming Fraud and Conversion against the Defendants. FRAUD Fraud consists of anything calculated to deceive, whether by single act or combination, or by suppression of troth, or suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or silence, word or mouth or look or gesture. Rohm and Hass Co. v. Continental Casualty Co., 566 Pa. 464, 477, 781 A.2d 1172, 1179 (2001). Generally, a fraudulent misrepresentation may be actionable pursuant to three theories: Intentional Misrepresentation, Negligent Misrepresentation, and Innocent Misrepresentation. Bortz v. Noon, 556 Pa. 489, 500, 729 A.2d 555, 560 (1999). The elements of Intentional Misrepresentation are: 1) representation; 2) which is material to transaction at hand; 3) made falsely, with knowledge of its falsity or recklessness as to whether it is tree or false; 4) with intent of misleading another into relying on it; 5)justifiable reliance on misrepresentation; and 6) resulting injury was proximately caused by reliance. Id. at 499, 560. The elements of Negligent Misrepresentation are: 1) a misrepresentation of material fact; 2) made under circumstances in which the person making the misrepresentation ought to have known its falsity; 3) with an intent to induce another to act on it; and 4) which results in injury to a party acting in justifiable reliance on the misrepresentation. Id. at 500, 561. The burden of proving fraud rests with the party alleging fraud and must be proven by clear and convincing evidence. Rohm, supra, at 476, 1179. Fraud can rarely, if ever, be shown b.y direct proof. Id. at 477, 1179. Therefore, fraud must be largely inferred from the surrounding circumstances. Id. CLAIM I: FRAUD 1. The plaintiff, Hilton & Diminick Orthodontic Associates, P.C., is an Orthodontic practice with offices at 3925 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania (hereinafter, "east shore office"), and at 3412 Trindle Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter "west shore office"). 2. The plaintiffs, Doctors Edward Hilton and Kenneth Diminick are partners at Hilton & Diminick Orthodontic Associates, P.C. (hereinafter, all three plaintiffs will be referred to collectively as "Hilton & Diminick"). 3. The defendant, Bonnie Hurley, has a current address of RD #2, Box 940, Landisburg, PA 17040. 4. The defendant, David Hurley, has a current address of 97 Bells Hill Road, Landisburg, PA 17040. 5. David Hurley and Bonnie Hurley are husband and wife. 6. Hilton & Diminick employed Bonnie Hurley from July of 1991 until January of 2001. 7. In July of 1991, Bonnie Hurley started her employment as a dental assistant at the west shore office. 8. In June of 1995, Bonnie Hurly became a receptionist at the east shore office. 9. In January of 1996, Bonnie Hurley became the Administrative Office Manager at Hilton & Diminick's east shore office. 10. Bonnie Hurley performed her duties as Administrative Office Manager from January of 1996 until January 2001. 11. As Administrative Office Manager, Bonnie Hurley was responsible for handling all incoming transaction and payments made at the east shore office. 12. As Administrative Office Manager, Bonnie Hurley was responsible for logging all transactions and payments received each day into the daily deposit ledger. 13. As Administrative Office Manager, Bonnie Hurley had a daily duty to take the cash and checks received as payment from the patients of Hilton & Diminick's east shore office to the bank for deposit into the bank account of Hilton & Diminick. 14. The daily deposit ledger had separate categories for amounts received as cash payment, check payment, and credit card payment. 15. After completing the daily deposit ledger, Bonnie Hurley had a daily duty to deposit the total amount of cash along with the all of the checks that were received as payment from patients that day into Hilton & Diminick's bank account. 16. As Administrative Office Manager, Bonnie Hurley entered the correct amount of cash and checks received as payment in the daily deposit ledger. 17. As Administrative Office Manager, Bonnie Hurley entered the correct amount of payments received in the form of checks on the bank deposit slips. 18. As Administrative Office Manager, Bonnie Hurley deposited the correct amount of payments received in the form of checks into Hilton and Diminick's bank account. 19. As Administrative Office Manager, Bonnie Hurley consistently misrepresented the tree amount that was received as cash payment on the bank deposit slips 20. As Administrative Office Manager, Bonnie Hurley failed to deposit the tree amounts received as cash payment each day into Hilton & Diminick's bank account on a consistent and routine basis. 21. Bonnie Hurley knew that the amount received and entered as cash payment in each daily deposit ledger was an amount higher than the amount of cash that Bonnie Hurley was listing on each day's deposit slip and depositing into Hilton and Diminick's bank account. 22. Bonnie Hurley knew that the amount of cash deposited into 'Hilton & Diminick's bank account each day did not match the amount entered as cash payment on the daily deposit ledger because it was Bonnie Hurley's responsibility to enter the amount received as cash payment on the daily deposit ledger and then deposit that exact amount into Hilton and Diminick's bank account. 23. Bonnie Hurley was keeping cash for the benefit of herself and her family that should have been deposited into Hilton & Diminick's bank account. 24. Bonnie Hurley was keeping the difference between the amount of cash that was indicated as cash payment on the daily deposit ledger from the amount that was listed on the deposit slips and deposited in Hilton & Diminick's bank account each day. 25. Bonnie Hurley was spending the cash as she took the cash. 26. As Administrative Office Manager, Bonnie Hurley kept up these misrepresentations because she knew that only the deposit slips and not the daily deposit ledger went to the main office for accounting purposes. · 27. Bonnie Hurley entered the correct amounts received as cash payment on the daily deposit ledger because she wanted the patients to receive credit for their payments. 28. Bonnie Hurley knew that if the correct amounts were not entered on the daily deposit ledgers, patient accounts would not appear as paid in full and questions would be raised as to why patient accounts were not paid in full. 29. Bonnie Hurley knew that the deposit slips would be relied upon by Hilton & Diminick for accounting purposes. 30. Bonnie Hurley intended for Hilton & Diminick to believe that the amount of cash deposited into Hilton & Diminick's bank account each day was equal to the amount of cash received as cash payment each day. 31. Hilton & Diminick relied upon the amounts that Bonnie Hurley indicated were received and deposited as cash payments. 32. Hilton & Diminick's reliance upon Bonnie Hurley's representations as to the amounts received and deposited as cash payments caused Hilton & Diminick to suffer injury. WHEREFORE, the Plaintiff respectfully request this Court to enter judgment against the defendant, Bonnie Hurley, for all amounts the defendant, Bonnie Hurley, fraudulently failed to deposit into the Plaintiffs' bank account. Specifically, the Plaintiffs' request for judgment, under this claim, is for an amount in excess of One Hundred and Fifteen Thousand Dollars ($115,000). CLAIM II: FRAUD 33. Averments one (1) through thirty-two (32) are fully incorporated herein. 34. Bonnie Hurley's children received services from Hilton & Diminick. 35. Bonnie Hurley falsified the accounts of her children. 36. Bonnie Hurley indicated that her children's accounts were paid in full when the accounts were not paid in full. 37. Bonnie Hurley knew that her children's accounts were not paid in full when she falsified her children's accounts to be paid in full. 38. Bonnie Hurley led Hilton & Diminick to believe that her children's accounts were paid in full by falsifying her children's accounts. full. 39. Hilton and Diminick believed that Bonnie Hurley's children's accounts were paid in 40. Bonnie Hurley did not make payments on the accounts of her children to make those accounts paid in full. 41. Hilton & Diminick has not been paid in full for the services that Hilton & Diminick provided to Bonnie Hurley's children. WHEREFORE, the Plaintiffs respectfully requests judgment against the defendant, Bonnie Hurley, for the amounts the defendant fraudulently led the Plaintiffs to believe were paid for the Plaintiffs' services. Specifically, the Plaintiffs' request for judgment, under this claim, is for an amount in excess of Two Thousand Five Hundred Dollars ($2,500.00). CONVERSION Conversion is the deprivation of another's fight of property in, or use or possession of, a chattel, without the owner's consent and without lawful justification. Pioneer Commercial Funding Corp. v. American Financial Mortgage Corp, 2002 PA Super 68, 797 A.2d 269, 279-80 (2002). Although the exercise of control over the chattel must be intentional, the tort of conversion does not rest on proof of specific intent to commit a wrong. Id. Money may be the subject of a cause of action for Conversion. Id. CLAIM III: CONVERSION 42. Averments one (1) through forty-one (.41) are fully incorporated herein. 43. Hilton & Diminick takes in cash payments from patients as part of its daily business. 44. The cash payments made by patients to Hilton & Diminick are for services provided to thc patient by Hilton & Diminick. 45. After the cash payments are made by the patients, 'the cash payments become the property of Hilton & Diminick. 46. Bonnie Hurley had a duty to account for each day's cash'payments in a daily deposit ledger and then take the full amount of cash payments received each day and deposit the cash payments into Hilton & Diminick's bank account. 47. Bonnie Hurley took away Hilton & Diminick's ability to use the amounts received as cash payment every day that Bonnie Hurley failed to deposit the correct amounts received as cash payment 48. Bonnie Hurley took away Hilton & Diminick's ability to use the amounts received as cash payment every day that Bonnie Hurley took and kept amounts of cash that were to be deposited into Hilton and Diminick's bank account. 49. Hilton & Diminick did not authorize Bonnie Hurley to deposit less cash into Hilton & Diminick's bank account than was received and entered as cash payment on the daily deposit ledgers. 50. Bonnie Hurley was keeping amounts of cash that Hilton & Diminick had a right to use to benefit herself and her family. 51. Bonnie Hurley was not mistakenly keeping these amounts of cash. 52. Bonnie Hurley was intentionally keeping these amounts of cash to benefit herself and her family. 53. Bonnie Hurley was giving amounts of cash to the defendant, David Hurley. 54. David Hurley possessed amounts of cash that were the property of Hilton & Diminick. 55. David Hurley expended amounts of cash that were the property of Hilton & Diminick. 56. David Hurley prevented Hilton & Diminick from exercising its rights to the cash that David Hurley possessed and expended. 57. Hilton & Diminick did not authorize David Hurley to Possess or expend Hilton & Diminick's cash property. 58. Bonnie Hurley and David Hurley used property of Hilton & Diminick to purchase property or services that benefited Bonnie Hurley and David Hurley. 59. Neither Bonnie Hurley nor David Hurley have returned the cash or a reasonable equivalent to Hilton & Diminick. WHEREFORE, the Plaintiffs respectfully requests this Court to enter Judgment against the defendants, Bonnie Hurley and David Hurley, for their conversion of the total amount of the Plaintiffs' cash property. Specifically, the Plaintiffs' request for judgment, under this claim, is for an amount in excess of One Hundred and Fifteen Thousand Dollars ($115,000). Date Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 8 South Hanover Street; Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff HILTON & DIMINICK ORTHODONTICS, · EDWARD J. HILTON, and KENNETH DIMINICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, 'Defendants · IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 VERIFICATION I hereby verify that the statements contained in this complaint are true and correct to the best of my knowledge, information, and belief· I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities· Date Kenneih/Dffmini~, Plaintiff HILTON & DIMINICK ORTHODONTICS, EDWARD J. HILTON, and KENNETH DIMINICK, Plaintiffs, Vo BONNIE HURLEY and DAVID HURLEY, Defendants : IN THE COURT OF COMMON PLEAS, : DAUPHIN COUNTY, : PENNSYLVANIA : CIVIL ACTION AT LAW: 03-483 VERIFICATION I hereby verify that the statements contained in this complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date Edward Hiltbrff,~/PYaintiff HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs, Vo BONNIE HURLEY and DAVID HURLEY, Defendants · IN THE COURT OF COMMON PLEAS, · CUMBERLAND COUNTY, · PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 CERTIFICATE OF SERVICE AND NOW, this day of April 2003, I, John A. Aborn, Esquire, of Abom& Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT~ upon the following parties by first class mail: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 David Hurley 97 Bells Hill Road Landisburg, PA 17040 SAIDIS, SHUFF, FLOWER & LINDSAY Carol Lindsay, Esquire 26 W. High St. Carlisle, PA 17013 Attorney for David Hurley ABOM & KUTULAIrdS, L.L.P. Esquire Original process was achieved through the service of a Writ of Summons in this matter. HILTON & DIM1NICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIM1NICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 To: Bonnie Hurley Date of Notice: June 25, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 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 Lawyer Referral Service 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 Jo~n/A. ~ Esquir-~ 3 Sq~mth~over Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ~{d day of June, 2003, I, Erica Blackledge, law clerk, hereby certify that I did serve a true and correct copy of the foregoing NOTICF. OF INTENT TO FILE A DEFAULTd-U'DGEMENTupon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Per, nsylvania, addressed as follows: Bonnie Hurley RD #2, Box 940 Landisburg, PA '17040 Richard P. Wagner, Esquire Mancke, Wagner, Tully & Spreha 2233 N. Front Street Harrisburg, PA 17110 Erica R. Blackledge 0 HILTON & DIMiNICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIM1NICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, : Defendants : : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION AT LAW: 03-483 To: David Hurley Date of Notice: June 25, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 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 Lawyer Referral Service 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 John/~. ~m, Esquire 3~6 S~ffia Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this~ day of June, 2003, I, Erica Blackledge, law clerk, hereby certify that I did serve a tree and correct copy of the foregoing NOTICE OF INTENT TO FILE A DEFAULT JUDGEMENT upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: David Hurley 97 Bells Hill Road Ladisburg, PA 17040 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 36 West High Street Carlisle, PA 17013 Erica R. Blackledge HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs BONNIE HURLEY and DAVID HURLEY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 David Hurley 97 Bells Hill Road Landisburg, PA 17040 NOTICE Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs BONNIE HURLEY and DAVID HUILLEY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiffs, Hilton & Diminick Orthodontic Associated, P.C., Edward Hilton, and Kenneth Diminick, and against defendants, Bonnie Hurley and Da,/xd Hurley, for the defendants' failure to plead to the complaint in this action within the require time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendants were sen'ed with the complaint on April 17, 2003, and defendants' answer was due to be filed on May 7, 2003. Attached as Ext~ibit "A" is a copy of plaintiffs' written Notice of Intention to File Praecipe for Ent2T of Default Judgment, which I certify was mailed (or delivered) to the defendant, Bonnie Hurley, at her last known address and to her attorney on June 25, 2003, which is at least 10 days prior to the filing of this Praecipe. Attached as Exhibit "B" is a copy of plaintiffs' written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify, was mailed (or delivered) to the defendant, Dax4d Hurley, at his last knoxvn address and to his attorney on June 25, 2003, which is at least 10 days prior to the fding of this Praecipe. Please assess damages in the amount of $117,500.00, being the amount demanded in the complaint. Respectfully submitted, ABOM & KUTULAKIS, LLP Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, : Defendants : : IN THE COURT OF COMMON : CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION AT LAW: 03-4 To: Bonnie Hurley Date of Notice: June 25, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 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 Lawyer Referral Service 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 ABOM & KUTUI4~KIS, LLP John A. Ab~b)m, Esquire -~ 3 S6..~anover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this .?17i day of June, 2003, I, Erica Blaekledge, law clerk, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO FILE A DEFAU£TarUDGEMENTupon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 Richard P. Wagner, Esquire Mancke, Wagner, Tully & Spreha 2233 N. Front Street Harrisburg, PA 17110 Erica R. Blackledge HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs, BONNIE HURLEY and DAVID HURLEY, Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 To: David Hurley Date of Notice: June 25, 2003 IMPORT~T NOTICE YOU A~ ~ DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A ~TTEN APPEA~NCE PERSONALLY OR BY A~O~EY ~D FILE ~ ~T~G ~TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGA~ST YOU. ~LESS YOU ACT WITH~ TEN (10) DAYS FROM THE DA~ OF THIS NOTICE, A JUDGMENT MAY BE ENTE~D AGA~ST YOU WITHOUT A HEA~G AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT~T ~GHTS. YOU SHOULD IAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CABOT AFFO~ ONE, GO TO OR TELEPHONE THE FOLLOW~G OFFICE TO F~D OUT WHE~ YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 ABOM & KU~T~J~:~LP John A. Aborn, Esquire 36 South Hanover Street C-~Flsle, PA 17013 (717)249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this~ \.~ day of June, 2003, I, Eriea Blackledge, law clerk, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO FILE A DEFAULT JUDGEMENT upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: David Hurley 97 Bells Hill Road Ladisburg, PA 17040 ' Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 36 West High Street Carlisle, PA 17013 Erica R. Blackledge CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT upon the defendants by depositing, or causing to be deposited, same in the U.S. mail, at Carlisle, Pennsylvania, addressed as follows: Bonnie Hurley RD #2, Box 940 Landisburg, PA 17040 Richard P. Wagner, Esquire Mancke, Wagner, Tully & Spreha 2233 N. Front Street Harrisburg, PA 17110 David Hurley 97 Bells Hill Road Landisburg, PA 17040 Carol J. IJmdsay, Esquire Saidis, Shuff, Flower & Lindsay 36 West High Street Carlisle, PA 17013 Jerry A. Philpott, Esqtm'e 227 N. High Street P. O. Box 116 Duncannon, PA 17020-0116 Respectfully submitted, ABOM & KUTULAKIS, LLP DATE 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs BONNIE HURLEY and DAVID HURLEY, Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 PLAINTIFFS' PETITION TO AMEND JUDGMENT AND NOW, plaintiffs, Hilton & Diminick Orthodontic Associates, P.C., Edward Hilton, and Kenneth Dhrdnick, by and through undersigned counsel, Michael T. Traxler, petition this Court pursuant to Pa.R.C.P. 1033, to amend and vacate the Entry of Default Judgment against the defendant, David Hurley, and in support thereof avers the following: 1. On April 17, 2003, Plaintiffs instituted this action by filing a Complaint. 2. On June 25, 2003, the defendants, Bonnie Hurley and David Hurley, and their respective attorneys were served with Notice of Intention to File Praecipe for EntO, of Default Judgment. 3. On July 2, 2003, the Defendants fried a Voluntary Petition under Chapter 7 in the United States Bankruptcy Court for the Middle District of Pennsylvania. 4. The filing of the Voluntary Petition automatically stayed the above-captioned action. 5. The debt that has been claimed by Plaintiffs in this action was declared non- dischargeable by the Bankruptcy Court against Bonnie Hurley onl7. 6. Through inadvertence, it ~vas believed that the debt that has been claimed by Plaintiffs in the above-captioned action was declared non-dischargeable by the, Bankruptcy Court against both defendants, Bonnie Hurley and David Hurley. 7. Through inadvertence, Plaintiffs sought Entry o f Default Judgment against David Hurley by Praecipe on May 27, 2004. 8. On May 27, 2004, the Cumberland Count3, Prothonot~xy issued a Notice of Judgment by Default against defendants, Bonnie Hurley and David Hurley. WHEREFORE, Plaintiffs respectfully request that the Judgment by Default be vacated as to the defendant, David Hurley, only. Respectfully submitted, ABOM O KUTULAKIS, LLP Michael T. Traxler, Esquire / 36 S. Hanover Street Carhsle, PA 17013 (717) 249-0900 ID No. 90961 CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFFS' PETITION TO AMEND JUDGMENT upon the Defendants by depositing, or causing to be deposited, same in the U.S. mail, at Carlisle, Pennsylvania, addressed as Bonnie Hurley RI) #2, Box 940 Landisburg, I'A 17040 David Hurley 97 Bells Hill Road Landisburg, PA 17040 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 36 West High Street Carlisle, PA 17013 Jerry A. Philpott, Esquire 227 N. High Street P. O. Box 116 Duncannon, PA 17020-0116 Respectfully submit ~ed, ABOM ~ KUTULAK~S, LLP 36 S. Hanover Street Carlisle, PA 17013 (717) 24%0900 ID No. 90961 HILTON & DIMINICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and ICENNETH DIMINICK, Plaintiffs : IN THE COURT OF COMMON PLEAS, : CUMBEKLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION AT LAW: 03-483 BONNIE HURLEY and DAVID HURLEY, : Defendants : PLAINTIFFS' PETITION TO AMEND JUDGMENT AND NOW, plaintiffs, Hilton & Diminick Orthodontic Associates, P.C., Edxvard Hilton, and Kenneth Dhninick, by and through undersigned counsel, Michael T. Traxler, petition this Court pursuant to Pa.R.C.P. 1033, to amend and vacate the Entry of Default Judgment against the defendant, David Hurley, and in support thereof avers the following: 1. On April 17, 2003, Plaintiffs instituted this action by fkling a Complaint. 2. On June 25, 2003, the defendants, Bonnie Hurley and David Hurley, and their respective attorneys were served with Notice of Intention to File Praecipe for Entry of Default Judgment. 3. On July 2, 2003, the Defendants filed a Voluntary Pention under Chapter 7 in the United States Bankruptcy Court for the Middle District of Pennsylvania. 4. The filing of the VoluntaU' Petition automatically stayed the above-captioned action. 5. The debt that has been claimed by Plaintiffs in this action was declared non- dischargeable by the Bankruptcy Court against Bonnie Hurley only. 6. Through inadvertence, it was beheved that the debt that has been claimed by Plaintiffs in the above-captioned action xvas declared non-dischargeable by the: Bankruptcy Court against both defendants, Bonnic Hurley and David Hurley. 7. Through inadvertence, Plaintiffs sought Entry of Default Judgment against David Hurley by Praecipe on May 27, 2004. 8. On May 27, 2004, the Cumberland County. Prothonotary issued a Notice of Judgment by Default against defendants, Bonnie Hurley and David Hurley. WHEREFORE, Plaintiffs respectfully request that the Judgment by Default be vacated as to the defendant, David Hurley, only. Respectfully submitted, ABOM & KUTULAK~S, LLP Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire, hereby certify that I did sep~e a true and correct copy of the foregoing PLAINTIFFS' PETITION TO AMEND JUDGMENT upon the Defendants by depositing, or causing to be deposited, same in the U.S. mail, at Carlisle, Pennsylvania, addressed as Bonnie Hurley RD tt2, Box 940 Landisburg, PA 17040 David Hurley 97 Bells Hill Road Landisburg, PA 17040 Carol J. Lindsay, Esquire Saidis, Shuff, Floxver & Lindsay 36 West High Street Carlisle, PA 17013 Jerry. A. Philpott, Esquire 227 N. High Street P. O. Box 116 Duncannon, PA 17020-0116 Respectfully submitted, ABOM 4- KUTULAKIS, LLP Michael T. Traxler, Esquire 36 S. Hanover Street Carhsle, PA 17013 (717) 249-0900 ID No. 90961 HILTON & DIM1NICK ORTHODONTIC ASSOCIATES, P.C., EDWARD HILTON and KENNETH DIMINICK, Plaintiffs BONNIE HURLEY and DAVID HURJ. EY, Defendants IN THE COURT OF COMMON PLEAS, CUMBE~ND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW: 03-483 May 27, 2004, be vacated. It is further Ordered that the Judgment by Default entered against, the defendant, Bonnie Hurly, on May 27, 2004, shall remain in full force and effect. BY THE COURT, /A//tt - \ request by Plaintiffs that the }udgment by Default entered against the defendant, David Hurley, on AND NOW, this ay of ~l~, 2004, it is hereby Ordered, upon