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Complaint, Defendant's attornoy c,i.lled Plaintiff's attorney and
requested an extension of time to file an Ans\~er so that the partIes
could engage in settlement negotiations. Plaintiff's attorney agroed
to extend the da te to fUe an Answ~~r to Apt.u 15, 1998. Set tlement
discussions ensued on April 13, 1998 and an Agreement was reached on
APL'll 15, 1998.
to reinstate
Under the terms of the
settlement, Plaintiff agreed
service and De fendant agreed to pay
consisted of docket costs and counsel
Defendant's
Plaintiff's
fees.
expenses,
which
Plaintiff's attorney wrote to Defendant's attorney on May 6,
1998, advising that it had been three weeks since settlement was
discussed and that if his client wished to consummate the settlement,
it would be necessary to do so w.i th.in ten days of the date of the
letter. Plaintiff's counsel further adv.ised, "1 am going to enter
jUdgment if settlement .is not consummated in accordance with the terms
of this letter."
Settlement was not consummated because Defendant
refused to pay Plaintiff's expenses. On May 27,
after the letter, jUdgment was entered and a
Execution was filed.
1998, twenty-one days
Praecipe for Wri t of
The Writ of Execution Was serVed on Defendant on July 8, 1998.
On or about July 23, 1998, Defendant's attorney called Plaintiff's
2
Settlement was not consummated i'lnd there were no further
settlement neyotiations between the parties. Plaintiff's counsel
wrote to the Sheriff on August 25, 1998, eighteen days after the
deadline which he had imposed, and requested that a Sale be scheduled.
On August 28, 1998, the Sheriff sent a Notice of a Sale to be held on
September 30, 1998.
Plaintiff's attorney received il telephone call from Defendant's
attorney on or about September 25, 1998 stating that his client would
like to reinstate the contract. On September 29, 1998, Plaintiff
advised its attorney that it did not want to reinstate the contract
and this was relayed to Defendant's attorney by fax. ft. Motion to stay
the Sheriff's Sale and Strike or Open Judgment was filed on September
29, 1998. By Order dated September 30, 1998, George E. Hoffer, P.J.,
Stayed the Sheriff's Sale and scheduled a hearing for October 19,
1998.
Defendant's
was thirty-four
agreed to terms
attorney's f.irst contact with Plaintiff's attorney
days after service of the Complaint. The parties
of settlement on April 15, 1998 and, with the
exception of the May 6 let tel', there were no further communications
between counsel untll .July 23, 1998, fifty-seven days after entry of
judgment. Judgment was not entered until forty-two days after the
4
Settlement Agreement of April 15, 1998.
LikewIse, there were no settlement negotiations or other
communications between counsel betwflen the time that the Defendant
asked for three months to make payment on July 24, 1998 until
September 25, 1998, three business days prior to the scheduled sale.
It should also be noted that Plaintiff wa.ited thirty-two daYIl
from the second settlement discuss.ions before asking that a Sheriff's
Sale be scheduled. Defendant waited thirty-two days from the
Sheriff's Notice of sale before fil.ing his Motion. The most important
fact is that the Motion was not filed until 124 days after jUdgment
was entered.
ARGUMENT
A Petition to open a default judgment is an appeal to the
equi table power of a court. When an action is cast. in assumpsit,
three requisite elements must coalesce before a default jUdgment may
be opened: (1) the petition to open must: have been promptly filed; (2)
the failure to file a timely answer to the complaint must be
reasonably explained in the pet.ition; and (3) a meritorious defense
must be incorporated in the petition. Hofer v. Loyal Order.of Moos~
the World, Mt. Pleasant Lodge No. 27 243 Pa.Super. 342, 365 A.2d 1254
5
(1976) .
The Defendant has failed to meet any of the above
requirements.
The Defendant's Motion WilS filed September 29, 1998,
124 days following entry of juclqment.
In the meanUlne, Defendant
failed to accept a second offer of settlement and he did not file his
Motion until shortly before the sale was to have been conducted.
There are nUmerous Superior Court cases discussing timeliness of a
Petition to open a default judgment.
In Ridgid Fire SprinJ::leE
Service, Inc. v. Chaiken, 333 Pa.Supel'.213, 482 A.2d 249 (1984) the
Superior Court held that timeliness of a Petition to open a default
jUdgment is measured from the date of notice that the default jUdgment
has been entered. It held that a petition to open which was filed 108
days after the judgment had been entered in Ph.il.adelph.ia County and
more than seven weeks after it had been transferred into Montgomery
County was not timely. It then cited the following cases also hOlding
that the petitions were not timely:
i
HcCoy v. Public Acceptance Co~, 4511 Pa. 495,
500, 305 A.2d 698, 700 (1973) (two and! one-half
weeks); Pappas v. Stefa~, 451 Pa. 354, 358, 304
A.2d 143, 146 (1973) (55 days); [lodson v. N. John
Cunzolo & Asss>ciates_ArclJi te_ctu r'-'_!_(~l?L PrOducts,
Inc., --- Pa.Super.---, 473 A.2d 1093, 1096
(1984) (2 months); Bottero v. Great Atlantic &
Pacific Tea Co., 316 Pa.Super. 62/ 70, 462 A.2d
793, 797-798 (1983) (unexplained six week delay
fOllowing negotiations); Mahler v. Emrick, 300
Pa.Super. 244, 247, 446 A.2d 321, 323 (1982) (2
months); Keystone Bro_iler Works, Inc. v.
Combustion & Energy Corp., supra, 294 Pa.Super. at
150, 439 A.2d at 795 (3 months); Am..erican Vending
Co. v. Brewington, Supra, 289 Pa.Super. at 33, 432
6
if settlement negotiations had been continuing, that would not
adequately explain the delay of 1:<4 daYf:l In fiUng h.is Motion. Ridgid
Fire Sprinkle.r;: Service, Inc., 1I_!..S:!I'.I.L~:.~~ll, :'L~EEil.
In Hofer v. Loyal_ Order of' MS',~..9_E!' SllEE.<'!' there was a period of
four to five months between settlc;ment negotiations and entry of the
default jUdgment. During that period of time, there was no
communication between the pa.cties. Despite Defendant's belief that the
parties were working to\~ard all eventual settlement, there were no
ongoing negotiaUons. 'i'he Petitioll to Open did not meet the
requirement that the moving party reasonably explaill his failure to
file a timely Answer to the Complaint. Likewise, the Defendant can
hardly contend that renewed settlement discuss.ions in July were an
excuse for him to fail to file a timely Answer to the Complaint since
these discussions took place two months after judgment was entered.
In Hersch v. Clapper, 232 Pa.Super. 550, 335 A.2d 738 (1975), the
Defendant did not file his Pet.it.ion to Open Judgment until ninety-seven
days after he received notice of entry and eighty-four days after
notice was sent to his attorney. The Defendant offered no explanation
for this lack of diligence other than the fact that negotiations were
being conducted in an attempt to arrive at some amicable agreement to
settle the controversy.
The Court held that this does not constitute
9
an adequate explanation for Defendant's failure to promptly. file the
Petition. It further stated that it would be .inclined to view the
sI tuation differently if this were a case where the Defendant's delay
was occasione.d by conduct on the part of the Plaint.iff deliberately
desIgned to confuse the Defendant, or lull. him into a false sense of
security. That was clearly not the case in Hersch or in the instant
case.
Defendant has also requested that the default judgment be
stricken.
A Petition to Strike a Default Judgment operates as a
demurrer to the record and will only be granted for defects appearing
on the face of the record. This is different from a Petition to Open a
Default Judgment where the alleged irregularity is a matter outside the
record. !:ennwest _Farm_Credit, ACA v. Hare 410 Pa.Super 422, 600 A.2d
213 (1991). The Defendant has pleaded no defects in the record which
would enable the Court to strike the judgment. His Motion shows that
all he is requesting is that judgment be opened so that he can assert a
counterclaim.
In addition to filing an l\'nswer and New Matter, Plaintiff has
filed Preliminary Objections requesting that Defendant's Motion be
dismissed because he failed to comply with Pa. R.C.P. 237.3 (a) by not
havi.ng a verified Answer attached to his Motion. In addition, the
10
DOMESTIC LINEN SUPPLY CO.,
Plailltiff
vs.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I DOCKET No. 98-3291 Civil Term
I WRIT No. 779-S-1998 (Dauphin)
I CIVIL ACTION - AT LAW
I EXECUTION ~ MONEY JUDGMENTS
B & L GLASS SERVICE,
Defendant
APPLICATION FOR STAY OF BXBCUTION (SALE DATE 9/30/90)
AND MOTION TO STRIKE OR OPBN JUOOMBNT
The Defendant, B&L Glass Service, through its attorneys, The
Law Offices of Patrick F. Lausr, .:Ir., makes the fOllowing
Application fof Stay of Execution of a Sheriff's Sale currently
scheduled for September 30, 1998, pursuant to Pennsylvania RUle of
Civil Procedure, Rule 3121, and moves the Court to Strike or Open
the Judgment against the Defendant in the above-captioned case, llnd
in support thereof, respectfully avers as follows:
1. On or about March 5, 1998, Plaintiff filed a breach of
contract action aga;:'nst Defendant in Dauphin County at Docket
Number 779-S-1998. A copy of the contraot is attached hereto as
Exhibit "A" and incorporated herein by reference.
2. On or about March 27, 1998, Plaintiff mailed Defendant a
ten-day notice of default and intent to enter jUdgment.
3. The parties entered into settlement negotiations. See
Exhibit "B" attached hereto and incorporated hBrein by reference.
4. The Defendant countered, and maintains, that Plaintiff
failed to abide by the terms contract, by failing to provide
garments to industry standards, specifically by:
a) providing short-sleeved shirts in Winter and long-
sleeved shirts in Summer I
b) charging for shirts wlth name'.patches, but failing
to provide name-patches as agreectl
c) once name-patche8 were provided, both the employees'
names and the name of the buslness were incorrect I
d) charging for cleaning suits that had not even been
wornl
5. The Defendant admits that some money is owed to the
Plaintiff subject to Defendant's offsetting counterclaim.
6. The parties attempted to reduce a verbal settlement
agreement to writing in the amount of $1,257.70.
7. Ei ther Defendant or Defendant' e counsel misundsrstood the
terms proposed by Plaintiff o.r Plaintiff failed to abide by
Defendant's terms of the settlement agreement.
8. Defendant was left with the impression that settlement
had been reached.
9. Plaintiff entered judgment in the amount of $3,558.91..
10. Still more settlement negotiations were attempted
throughout the Summer up to the date of this motion. See Exhibit
"e" attached hereto and incorporated herein by reference.
11. Parties unable to reach settlement.
12. Defendant believes, and therefore avers that judgment
should be opened to permit its counterc1ai~ to be formally filed.
I 13. A Sheriff's Sale is currently scheduled for September 30,
I
I 1998, at 10100 am.
vs.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I DOCKET No. 98-3291 Civil Term
I WRIT No. 779-S-1998 (Dauphin)
CIVIL ACTION - AT LAW
EXECUTION - MONEY JUDGMENTS
~TTORNBY VERIFICATION
DOMESTIC LINEN SUPPLY CO.,
Plaintiff
B & L GLASS SERVICE,
Defendant
The undersigned attorney hereby verifies and states thatl
1. He is the attorney for Defendant B&L Glass Service.
2. He is authorized to make this verification on behalf of the
client;
3. The facts set forth in the foregoing APPLICATION FOR STAY OF
EXECUTION (SALE DATE 9/30/98) AND MOTION TO STRIKE OR OPEN
JUDGMENT are known to him and not necessarily to his client;
4. This verification is intended to expedite the litigation;
5. A verification of the client will be supplied if demanded;
6. The facts set forth in the foregoing Application and Motion
are true and correct to the best of his knowledge, information,
and beli.ef; and
7. He is aware that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn
falsification to authorities.
q/)Jt(r;
Patel
"'):;;fUI;~[~~_ed'
Matthew J Eshelman, Esquire
Law Offic s of Patriok F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 170ll-4706
lOj 72655 Tel. (717) 763-1800
88, n_er 8trllot
C'AU'lWIl. I'A 1'llIl:j
(71'/) 2-!U-ffl71
T.I:fE lAW OFFrGfo18 OF PATrUCK F, r.AUER. JR.
2108 MAJUrF)'1' Il'l'R&Frr. AZTEc IlUlL01NU
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[)<>lIlU"li~ v, D&L GillS.
NO, OF PAm:il (INCL1J1)/NO covlm 1>11/0:/0:'1')
I!' YOU HAYl': NOT lU:cr,:rVI':D ALl. PACI':S CONl'AC1': 1'i"rrlll L, lJ!rn,Y'.'f '1M,tAOO
ADDITIONAL COMMENTS:
IIlIve f~c,'iv.d Y<>Uf flOl of 071~:lltncl t('rWltrcll'cI il 10 H& I..
My elhmtfo; hHVtl roquOf,lnd n Iwriod of th,'f'p lUill\th.'i willlin whir'" t~l puy th(' bt~l"n(~fl
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ntle--quurtef ($11'1,20) by Aur,u!il Wth, mid IIIlt! qlJ:lrt.pr ($117.:!O) by S,..plclnbnr Ithh, 1t"I...iflJ.: 1I11~ filII
Judgrnt"nt "6 lUl ;11 f("r"oran, hWfllll.ivc lJ' lIot ~'Hfd ~lll HUh.',
MIIIl tih~
NOTlel':; nIB INF'OllMA'I'/ON C()N'J'AlNl~ IN T/WJ FACIlIMIJ.I': TItANSMlfllllON IS A"'I'OllNI':Y
PRMLEGEll I\ND C:ONfrLli';NTIM, INFOIIM/\TlON INTENDF;D ONLY FOil Till-; lJSI-: OF 'I'm:
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NOTIFY us ThfM1::DlATELY BY 'I'1':l.Ii;/'IIONJ:; .\ND m:'J'[J!(N Tim CJfl/GINAL 1\H:8SAGfo: '1'0 U::; NI'
THE ADDRESs 1'11':'1' FORTIr A1' 1'm; 'l'UJ' (iI" TillS 1',l<il':,
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Deal Mr, Friedn~n;
I would 1.; k" to v""r irill ill writi",! both th.,t /IIY cii.Oi'IIl. i"
wiiling t,o i\()(,opl:. 1I", ",,/.1:.10/11""1. off('l' 101" d i.';'::lI"~Oi'd yo"I,of.'d,)y, "lid
the tnrms (,f lIldl. ,,,,tI:.1e,,,,,"I,. My lI11d!1nlt.,)ndi"'J ill '''I folloWll1
Tho at~rvir.o COlIl.r'Clct wc)uJd bo l'(:!IIHl.l'lt.nd ..,,\!.1 it oxist.nd the
date 01 till> fll1nLJ of' t.ho oU'Hpll1int, tu cOllI, i rlllC in ...ff."", 1'01' the.
next 113 wook",. IHI. w(>uld !MY t.ho ')ULtJt."nrlinq !lecuu,lI.11 Hecciv"bl!1
($:\86.78), the "nob of Illlit. (SSS.:,O 1$4/..011 , $10.42 + $~,OO),
logn.l fOOA ($6~,O.()O), u l'nin(lt.dt.~;'IIlt:'1l1. Chtll'(:P,~ ($44.00), ilnll f.~(~HIt.irllln
uoin9 tho sper:iid. embl"III" ($44.00). 'l'hi~ 10I"'o"onta II t.ot..)l
IWU,1 em/lnt, paymont, from n&T, t,o DOII,olll.[O Linel1 of $1,207.~o.
.1\9 Pd!I, of l.bill gettl",,"'ot, B&L ,,,,kH th"IL [)"",,,"tic 1.111"11 m,uk
the li.t.igllt.ion <I... IH"t.l.l"d ""d discolIl.illllcd wit.h proJlIdi".,. 'l'hL'V
al9n ank that t.hey DO qiven II IIp,,,,i!.lc' mol',hod uf "ont,)<.:Li,II'J
DOIO('sti" Linen wit" any OOllC"'1111 they IIIIIY h,)vCt, lO'~"rdil1'1 Lho
quality of anrvice.
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I'v(, brioOy 8l1LIQ"stcd t.o you SOIll" of their! ",.>mpl.,il1t.11 of
miaspnlled IIl1mes, H"o':(.-al.,,,,v!1d ahi ,'I:II i rl wi.nt.." I und i '\('01 n'L"
patc:llf'L" IInwev"r', 1 tlUI1t. the1'" dnt.:Ji1s dlL' bett.o, worked out
directly hotwe()II lhu 1""'(.1e,,, 1 t.hi.nk both P'" t. i C(l hav... 'H,ouyh
illl,er.eat in """I1'-ill(J "II" 91'.,do qUilli.ty Lhlll, they """I do HO c,vi Ily.
If t.h;,,, propo""l i" """"pt.)bl". 1'1".."", !IIX e_r lII"j I b,'wk il
l(,ttol' ot confiL'llldl.ioll illdi"...t.inrJ who,'" i\l1d whon puYI"ollt uho1l1d 111.,
mado, who /Ind how U&L uhol.\l.d vOIII.""t Do""",t.io:, l.ill"1I \'0 ex!)"",,,
t.heir concern~ I'.' <jlh)llLy, and Lh,'" you will '''d' k t.ho ""il, n"
uaUnfi od.
In tho me""t.imo, i.f ynlJ h"lve ,lilY 'IlIe-stlo"" or cnnC'f!I'I1U, plt,'i1(lQ
do not hesil....te 1.0 cant/wi, me.
M,TF./pl
cc: 86. L Glaau
Sillcernly Y',)lIt"',
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Frlf!(jm.n & Hoeh, P,C,
305 ~Jor1tl Front Strut
P,D Elox 885
H,1/rbburg, p" 171 00 OM~1
To Mall hhal,,,,,,,
Compnny:
Fa'/( fillrrll;tt( + 1 (717) 76~,4?47
BU,lnos~ phline,
From, Charles E Friodmnn
rux numbo, + 1 (7171 ?J2-994A
Buslnoss pho"o 717 ,2:i2 UU2~
Homo phone
Dnl" 1\ Tlmo W:\:!JA 44306 rM
Pa9O~ I
Re: B & L Glass
.----.", .----
P,io, balMCe II ,25 no
Prolhy "Jll~gl1lOnt 9,00
. -Writ 15,00
CWl1b Co Sill 145.10
Add'l rno (1i3 lot~1) 240 00
Totnl $1 668,80
I will SChc'<llllllll '''''0 ,I svlllw""", I, flol (;(](ff,l/111Cloo hy AIIO 7 hy (Mymnnlln cUflin,x! wI"lInk
IJI1d3 ijnd rOlllstlltemonl
-_"c_i,,,,.....
_.---,-
'-,11,1
accept a subsequent offer of settlement by failJ.ng to pay
Plaintiff's costs and expenses and arrange for reinstatement of the
contract by the August 7, 1998 deadline imposed by Plaintiff,
B. After reasonable invef,tigation, Plaintiff is without
knowledge or information sufficient to form a belief as to the truth
of this averment.
9. Admitted,
10. Denied. There were no settlement negotiations subsequont
to July 24, 1998 and there were no communications between counsel
between July 24, 1998 and several days prior to the scheduled
Sheriff's sale of September 30, 1998. By way of further Answer,
Exhibit "eN which was not attached to the pleading but was provided
to Plaintiff's counsel subsequently, merely contains a letter from
Plaintiff's counsel to the Sheriff request.ing that a Sheriff's Sale
be scheduled.
11. Denied. To the contrary, the parties reached a settlement
agreement \~hich was not consummated by the Defendant:, Defendant
subsequently declined to accept a further settlement offer made by
PIa inti ff.
12. After reasonable investigation, Plaintiff is without
knowledge or information sufficient to form a belief as to the truth
of this averment.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
New Matter
17. The parties reached terms of settlement in April of 1998
whereby Plaintiff's service would be reinstated and Pefendant would
pay costs and expenses.
, \
18. On May 6, 1998, counsel for Plaintiff wrote to counsel for
Defendant advising that l.t had been three weeks since settlement
discussions and that it would be necessary for the DehHldant to
c()I')summate the settlement within U,n days by paying the costs and
expenses and arranging for reinstatement of services. A copy of
said letter is attached hereto, marked Exhibit "A" and incorporated
herein by reference.
19. As the documents attached to Plaintiff's Motion indicate,
when Plaintiff attempted to reinstate service, its representatives
were told that hell would freeze over before Plaintiff would see one
red cent.
20. Further negotiations took place and an updated amount of
costs and expenses was agreed upon, Defendant's counsel was advised
that a Sheriff's sale would be scheduled if settlement was not
consun~ated by August 7, 1998.
21. Plaintiff's counsel waited until August 25, 1998 before
writing to the Sheriff requesting that a sale be scheduled,
22. A fax of July 24, 1998 from Plaintiff's counsel to
Defendant's counsel was the last commun.ication between the parties
until several days prior to the Sheriff's sale scheduled for
September 30, 1998.
FRIEDMAN & HOCH, P.C.
~W
Charles E. Friedman, EsqUire
305 N. Front Street
P. O. Box 885
Harrisburg, PA 17108-0885
(717-232-9925)
I,D, No. 07175
Attorney for Plaintiff
oa.u:STIC LINEN SUPPLY CO., INC.,
d/b/. oa.u:STIC UNIFORM REI'NAL,
IN THE COURT O~' Cc:M-fON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL DIVISION - LAW
VI.
NO. 98-3291 Civil Torm
B , L GLASS SERVICE,
Defendant
Certifioate of Servioe
I hereby certify that " trun and correct copy of the
foregoing Prelimin"ry ob:jf1cUons was forwarded via first class
u.s. Mail, postag~) pre-paid, to MlJtthew ,J. E;shelman, Esquire,
2108 Market Stre~)t, Aztec Building, Camp H.ill, Pennsylvania
17011 on this the J ')/1, day of October, 1998.
FRIEDMAN & HOCH, P,C.
~)
,,/
- ,..I
ct arles Friedman, Esqulre -
305 N. Front Street
P. O. Box 88$
Harrisburg, filA 17108-0885
(717-232-992$)
:r .D, No. enlls
Attorney for Plaintiff
..~ ,
DOMESTIC LINEN SUPPLY
COMPANY, INC.,
Plaintiff
VS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-3291 CIVIL TERM
WRIT NO. 779-S-1998
(Dauphin County)
EXECUTION - MONEY JUDGEMENT
B. AND L GLASS SERVICE,
Defendant
ORDER OF COURT
AND NOW, October 19, 1998, 11:07 a.m., the record
should reflect that this court granted a last minute stay of
execution, sought by the defendant, of a sheriff sale scheduled
for September 30, 1998. In so doing, the Court set a hearing
for this time on defendant's proposed written order.
Plaintiff has appeared through its attorney, Charles
E. Friedman, Esquire, and brings to the Court's attention that
this is a Dauphin County judgement, with the execution being
attempted in Cumberland County. Cumberland County has no
jurisdiction to open or strike a Dauphin County judgement.
After hearing each argument of counsel, the Court will
oontinue the stay of execution for ten more days from today,
which date will be the olose of business on Thursday, October
29, 1998, to give the defendant an opportunity to file his
proper pleading in Dauphin County to open or strike plaintiff'S
judgement, or whatever it is that defendant seeks as relief, and
the Dauphin County Court will rule thereafter what is proper and
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Prothonotary of Cumberland County,
6, On October 19, 1998, after hearing argument of Counsel, George E,
Hoffer, P.J" entered an Order that Cumberland County has no jurisdlcllon to open or
strike a Dauphin County Judgment. The Court continued the stay of execution until
October 29, 1998, to give the Defendant an opportunily to file his proper pleading in
Dauphin County and "the Dauphin County Court will rule thereafter what is proper and
what is not." A copy of said Order is attached hereto, marked Exhibit "A" and
incorporated herein by reference,
7, The Defendant filed an Application for Stay of Execution and Petllion to
Open or Strike Judgment in Dauphin County on October 29, 1998, Attached to that
Petition was a proposed Order which, Inter alia, provided that "the Stay of Execution
issued by the Court of Common Pleas of Cumberland County is adopted by this Court
pending further Order of Court," A copy of said proposed Order is attached hereto,
marked Exhibit "8" and Incorporated herein by reference,
8, On November 6, 1998, Honorable Todd A. Hoover Issued a Rule upon
Plainliff to show cause why the Judgment should not be opened or stricken, Judge
Hoover did not sign the proposed Order submitted by the Defendant and did not stay
the Cumberland County execution, A copy of said Rule is attached hereto, marked
Exhibit "C" and incorporated herein by reference,
.. ..
DOMESTIC
COMPANY,
LINEN SUPPLY
INC. ,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-3291 CIVIL TERM
WRIT NO. 779-S-1998
(Dauphin County)
EXECUTION ,. MONEY JUDGEMENT
VS
B AND L GLASS SERVICE,
Defendant
QRDER OF COURT
AND NOW, october 19, 1998, 11:07 a.m., the record
should reflect that this court granted a last minute stay of
exeoution, sought by the defendant, of a sheriff sale scheduled
for September 30, 1998. In so doing, the Court set a hearing
for this time on defendant's proposed written order.
Plaintiff has appeared through its attorney, Charles
E. Friedman, Esquire, and brings to the Court's attention that
this is a Dauphin County judgement, with the execution being
attempted in Cumberland county. Cumberland County has no
juriSdiction to open or strike a Dauphin County judgement.
After hearing each argument of oounsel, the Court will
continue the stay of execution for ten more days from today,
which date will be the close of business on Thursday, October
29, 1998, to give the defendant an opportunity to file his
proper pleading in Dauphin County to open or strike plaintiff's
judgement, or whatever it is that defendant seeks as relief, and
the Dauphin County Court will rule thereafter what is proper and
Exhibit "A"
Page 1 of 2
WRIT OF EXECUTION-(MONEY JUDGEMENTS)
RULES P.R.C.P. 3101 to 3149
III, r;". .3;,;'71 el,~(l 7.~<".
.. P.C)Hfi~.T.J.v.. IlIlJIW. .fi\J.I:J~\.~X,,~.Q.. IJ:ft II II..................
Writ No. u.Z7.(}..ft...................... Ter,,, 19.~~.
.......................................................................
7'7'1 S
No. .......,........................$........
Term
90
19.....
.................................................'"...'.................
Amollnl
!JlIC...........................,.
$ 3:55B,91
.... ...........
vs
H So L GLASS slmv I CE
............................................. .............. .~,.,........
...................................."..................................
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPfIIN
th 5h 'ff f CI1",herl~n(\ C t P . I '
Toe erl 0 .............................. ,oun y, enns y vanIa
To satisfy the judgement, interest and costs against .....................................................
B So L (if ,ASS Sf:IlVT CE
...,................................f........................................................~...................................................
.. .......... .,_. II... ........... H.............I I..................... II....... 11.........,....... It....... ... f.. II.... It .., II D e tendon t ( s )
(11 YOII are dlrcc/ell to levy upon tile propol'ly of tile derendcmtls) and to sell IIis, her
(or their) interesl Illercln.
Il) You are olIO dll'ected 10 altacll IIII.' properly of IIIe defendant not levied upon ill
the possession or
f..........~..........,.........IIII..........................................,..................................,.,.........q".......~.........
.................. ...................., ................. ............, ................., .......... .......... .... ........os (j orn;shee( s)
(Specil'ically describe flI'operly)
lRVY "1'011 per~('II1Bl pr('ll'erty H('I(\ cl'wh l('1cllte(\ III 9(12 MHr4(>t Stn>(>t, Lp\l1('1'{l1e PI1
17(143
and to notify tile Garnlsllee(s) tllat
(0) an attacllment has been issued:
(b) the qarnislwe(s) is !are) eiJioined from paying any debt to (ir for the account of
the de,'endant(s) 011(1 from dcliveriny ony pr'operly or the cIcfendonl(s) or' otllerwise disposing
thereor.
(3) If property or Ille derendant nol leviecl IIpon ond sllbject 10 ottochment is found
in tile possession of anyone olllel' thrill tile named garnisllee!s),. YOII are directed to notify
him that Ile has been added as a garnisllee ond is enjoined as above stated.
WITNESS, the Nonoroh/e Clarl,ncec. Morrison, President .Iud1le 01 tile COliI'I of Common /'Iea~ of
Dauph;n County at tile City of lJarr;shuf'U the "....."....~.~!}}.........................."....................day
0" .. ..... ..... ...... ...... ..,........ .t~1~:...... I II..... ..... ,.1.. .......... I...................,.... ...."'......... A . LJ. 1 9.. ~~"I' I""
StepllrJl/ E. Farina, 1','otllOnol/lry
By:
.i(/J/),(Y.)lLIttL.~.
f)(~pl/fV
R. Tha11aB Kline, Bheriff, who being duly Bworn acoording to law,
BtateB this writ iB returned STAYED per instruct.ions fran the atty.
"v
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~
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Sheriff 'B COBtBI
lX>cketing
Poundage
AdvertiBing
Prothonotary
Service
Postpone Sale
Surcharge
Levy
$18.00
2.18
10.00
20.00
19.84
15.00
6.00
20.00
$lll .02
Advance cOstBI
Sheriff's CostB:
$150.00
111.02
$ -:18.98
Refund to aUy on 3/18/99
Sworn and subBcribed to before me
So Ans~r!l,7 ~
7''''' G~';._..,':4C'/. .
7 ..,~o(> '~f""'''''
R. Thonae Kline, Sheriff
ThiB ,; 'ill:. day of .:.iJ:J.J....t.IJ.L..
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