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HomeMy WebLinkAbout07-1904if t COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 0[L 1ar"o NOTICE OF APPEAL FROM 4/-q.p? DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07-140q C1Vi NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. a. V It .Sty DATE OF JUD MENT ;`J IN THE CASE OF (Plaintiff) ?ue.enanrxl (53 l2-/ toY1 ( 11? ??r?ct? _ 16?? tt '4?'y? ?5 <?: I ctt rat c ?- V I (zc"e-or&-w o7-Igoq 011vi l This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To ttProthonotary Enter rule upon l'Rg6 1r I n (Common Pleas No. b '7- If qdy Name of appeflee(s) appellee(s), to file a complaint in this appeal within twenty (20) days afte ervice of rule suffe ntrypf judgment of non pros. Signature of appellant o> att mey or agent RULE: To ? S ?ri?- I ?Uk-kt 0- 6- ppellee(s) a e of appella&(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 1*1 Si - of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT) TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes. 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ?s a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) : ZCi E] by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (nafne) -- , on , 20 by personal service sender's receipt attached hereto by (certified) (registered) mail, . (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 20 Signature of officfat befart whoer vffdavP was made 7t7 of offcial MY Commission expires an 20 AOPC 312A - 02 aC?? d Qd j fir`s: n OL _+t r -0371 j Signature ofaffiant 717-486-0224 p'1 Apr 02 07 03:12p District Court o'Y-Igo4 Gel vi ` NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLVANIA CIVIL CASE COUNTY OF: CUILBERLA>l?D PLAINTIFF: NA.MEandADDRESS Ma9- Dist. No.: 09-3-03 4ISPERING MOUNTAIN ACC. CLGS . &FLGS .? MDJName Hon. 13669 SHIMPSTOW RU SUSAN H. DAY 1[EBCERSBURG1 PA 17236 j Addess: 229 KILL ST, SOX 167 L J KT. HOLLY SPRIM, PA VS. DEFENDANT: NAME and ADDRESS ??ePho,e: (717 ) 466-7672 17065 rJ. TROLINGUR-VILLAGE CRAFT DIRECT ? 1446 HOLLY PIKE CARLISLE, PA 17015 J J. TwraxABR-VILLAGE CRAFT DIRECT 1446 HOLLY PIKI CARLISLE, PA 17015 L Docket No.: CV-0000047-07 Date Filed: 2/01107 THIS IS TO NOTIFY YOU THAT: 3/12/07 Judgment: DEFAULT JUDOHEMT PLTF (Date of Judgment) ® Judgment was entered for: (Name) WISPERING KOUHTAIN A, CC.CLGS. Judgment was entered against: (Name) J• TROLL-VILLAGE CRAFT DIRECT 800.00 Amo12? 5b in the amount of $ 7,926.5 7Costs$? M Defendants are jointly and severally liable. JudgInterDamages will be assessed on Date & Tima Atto,926.50 This case dismissed without prejudice. TotaAmount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post _ Portion of Judgment for physical damages arising out of Certified Judgm ent Total residential lease ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE '- A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a / C ' Date I certify that this is a true rd correccopy of the reco?d Of Date solo my commission expires first Monday of January, Magisterial pistrict,14 proceedings containing the judgment. Magisterial District Judge SEAL AOPC 315-D6 DATE PRINTED: 4/02/07 3:18:00 PK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW Whispering Mountain, Plaintiffs/Appellee, VS. Jerry Trolinger and/or VILLAGECRAFT, Defendants/Appellant. No. 2007-1904 (Civil Term) CERTIFICATE OF SERVICE I hereby certify that a NOTICE OF APPEAL, a PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE, and a copy of the DISTRICT COURT JUDGMENT was served by certified U.S. First Class Mail, postage prepaid, return receipt requested, on the 10`h day of April 2007, to the following persons: Magistrate Susan K. Day Box 167 229 Mill Street Mount Holly Springs, PA 17065-1738 Whispering Mountain ACC. 13669 Shimpstown Road Mercersburg, PA 17236-9713 Faith M. Lucchesi i GUMMUNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 1 -4 Lwv DISTRICT JUSTICE JUbdNigNT D( COMMON PLEAS No. u I C q i? Iv, i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. a DATE OF `7 MENT J IN THE CASE OF (Plaintiff) /n1 y? _ (Defendant)`' ? L , U11 Y-4 3 /? Gi 1 1t 1 1 M ,S V d I{ Y`Z _ 1? W DOCKET No. SIGNATURE OF AP LLANT OR ATTORN Y OR AGENT - This block will be signed ONLY when this notati6n 1sf *-6ire"tMvr` Pa. If aj?pellanj was Claimant (see Pa. R.C.P. :J. No. 1001(6) i acti R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon l?- " Y o V? ku appeltee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days afteF service of rule or suffer-entry of judgment of non pros. JA, n Signature of appellant or att mey or agent RULE: To ; ? ;SAY ^L? ?? ftL(;K tL LPP? ,,6 ?ppellee(s) a e of appellse(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal with in,twent?100)-flays after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE WEAED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 111-4 4Q,- IL Lf-14-0 Sig t re of Pil thonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTOOF APPEAL. AOPC 312-02 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of atfiant Signature of official before whom affidavit was matte Title of official My commission expires on 20 AOPC 312A - 02 c ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 1'723cp 2. Article NIOnber {frertsffe?from M1111 bw ?7 J l J ? Agent ? Addre D. Is delivery address different from item 1? ? Yes If YES, eater delivery address below: ? No 3. Sovice Type 0 CerMW Mail O Express mail 0 Registered 0 Return Receipt for Merchandise 0 Insured mail O C.O.D. 4. Restricted D~ p ft Fee) 0 Yes Ps Form 3811, February 2004 Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your narne and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: yjk Q? )C 102595.02-M-1540 stlfk? 0 Agent ? Addre of Delivery ( Narz?e)^ Cr ?'_ V D. Is delNery address differerd trom item 1? ? Yes If YES, enter delivery address below: 0 No 3. .Service lype 0 Certified Mail 13 Express Mail 0 Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number -- 1, C` L4 (riansfer from service ft w, PS Form 3811, February 2004 Domestic Return Receipt 10259442-W1540: --,",; ...,.. " , , , --I m Z r tTf '_'? -S l/?1 M? Q 1 ! 2 ?." -1 m E'tt r CD - LTi C? CD GD -tO cr =r _ CQ O O '4 W W 5' - Q3 t1 > -4 £? _ W C3 C3 >-n'mcc j *u0 _4 I t .r rn M n 0 C'1 Cr m n KNc 0 9 C 0 X Ca v _ o G (1) = CD - C3 C3 l _ - to -0 C3 V - C) ? Ul C J'y CA flo Ail GG t i? "4 ra p ru t? • cSL ar ?4 $ Ln CO 43 ni M 0 ?. C3 ? w P° tr C3 ?©0 to ni C if C3 ?00 b 13 1 Eo 0 0 ro rte: ? Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, Plaintiffs In the Court of Common Pleas of the 9th Judicial District of Pennsylvania : Cumberland County Branch VS. Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., Villagecraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc., Defendants Civil Action-Law No. 2007- Jg6L-1 Assigned to: NOTICE STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claims 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 FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone No.: (717) 249-3166 Shawn D. Meyers Attorney for the Plaintiffs Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, Plaintiffs In the Court of Common Pleas of the 9" Judicial District of Pennsylvania : Cumberland County Branch VS. Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., VillageCraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc., Defendants Civil Action-Law No. 2007- Assigned to: COMPLAINT NOW comes the Plaintiffs, Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, by and through their attorney, Shawn D. Meyers, who respectfully sets forth the following facts and claims against the Defendants: 1. The Plaintiffs are Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, who trade and do business as Wispering Mountain Acoustical Ceilings and Flooring, whose address is 13669 Shimpstown Road, Mercersburg, Franklin County, Pennsylvania 17236. 2. The Defendants are: (a) Jerry Trolinger, an authorized agent or partner of Villagecraft Contract Furnishings, L.P., who according to the records of the Pennsylvania Department of State Business Registry, has a principal office address of 1446 Holly Pike, Carlisle, Pennsylvania 17013; STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 (b) Villagecraft Contract Furnishings, L.P., a Pennsylvania limited partnership, who according to the records of the Pennsylvania Department of State Business Registry, has a principal office address of 1446 Holly Pike, Carlisle, Pennsylvania 17013; (c) VillageCraft Factory Direct, Inc., a Pennsylvania corporation, who according to the Pennsylvania Department of State Business Registry, has a principal office address of 2551 Spring Road, Carlisle, Pennsylvania 17013; (d) Villagecraft Contract Furnishings, Inc., a Pennsylvania corporation, who according to the Pennsylvania Department of State Business Registry, has a principal office address of 191 Anaconda Drive, Pennsylvania Furnace, Pennsylvania 16865. STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 3. On or about August 13, 2006, Rodney J. Pine, one of the partners of Wispering Mountain Acoustical Ceilings and Flooring, provided an estimate of $10,800.00 to purchase and install approximately 7,000 square feet of Armstrong grid and tile #704 2' x 2' tegular tile in the remodeled Villagecraft Contract Furnishings, L.P. furniture store located at 1446 Holly Pike, Carlisle, Pennsylvania 17013. The estimate dated August 13, 2006 was submitted to the attention of Jerry Trollinger. A copy of the accepted proposal is attached hereto and incorporated herein as Exhibit "A". 4. On August 15, 2006, Jerry Trolinger, who represented himself to be an authorized agent or partner of Villagecraft Contract Furnishings, L.P., executed the proposal and noted that the project needed to be completed by the end of the month. 5. Upon receipt of the proposal, Rodney J. Pine, Jeffrey A. Pine, and Jeffrey A. Bowers placed crews on the project, and completed the project on or before August 31, 2006 as requested by Jerry Trolinger. 6. The building in which the acoustical tile was placed is located at 1446 Holly Pike, Carlisle, Pennsylvania 17013. 7. The building is a furniture store, bearing signs on its exterior that read "Villagecraft Furniture". 8. Jerry Trolinger, at all times, represented that he was an authorized agent or partner of the following businesses: Villagecraft Contract Furnishings, L.P., Villagecraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc. 9. Jerry Trolinger asserted that he was the owner of the building in which the Plaintiffs installed the ceiling tile and infrastructure. 10. Following completion of the job, Rodney J. Pine made several contacts with Jerry Trolinger about payment of the agreed upon price of $10,800.00. Subsequently, the Plaintiffs received a payment of $3,000.00 on or about November 1, 2006, thus leaving a balance of $7,800.00 due and owing to the Plaintiffs. Despite repeated demands for payment, the Defendants have failed to pay same. WHEREFORE, the Plaintiffs, Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, respectfully request that judgment be entered against the Defendants in the amount of $7,800.00 plus interest and court costs as may be allowed by law. Respectfully submitted, Shawn D. Meyers, Esquire Attorney I.D. #68896 Steiger, Steiger & Meyers 120 North Main Street Mercersburg, PA 17236 (717) 328-3525 STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSSURG, PA 17236 (717) 326-3525 I, Rodney Pine, Partner of Wispering Mountain Acoustical Ceilings and Flooring, verify that the statements made in this complaint is true and corrrect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. t Rodne in artner STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 UG z. % r_'UT-Ito b *- 1 CHI" ?m-i4-tuvb U9:27 Cn41 Phtx?e t717? ?1 G-OB 12 ?e FRt FMLBL ' 1l awn cto --'q m ANDI'dN E70M HP Lfisl--wj -T k . a maim Amvsfa41 CoOnp - FWA"O ' Fat Ftlly#tNiSxt;c# fl#f#;?#BiMitA to lflpl NAh11Y , )a3 ? ?{? ? (,?,? P. I PAGE] CAN Phantt ?P 1T# e1#tt:'ia? 70W'Yoe OF fkt .?-?t?p atZ L01,111-nif X 7b s/ a-4 7Y3( art romoloo '+-VAN14jec Ov ems. k-A Ww*"Wm wa?'.00 Alr#n1MM"A wtrMah/l aN lam. ltMurte M+?rMFr a ?? wig WcwwbAil/111?IMAti1IMw?lMaMelx dimWomowupoftimmift"WAMOSWX qit? MntrrM? w? aMt M 4M??' At ?r ?afflgriNNeA A?? iir tn?eiNr"te1'?r,?tr '&6 mco mmoat+naw-mwaWea m"V I'Aso pw+tk # trmot. ?. , Acca-"t t L bwlxl iti+o?r 4. 1. 3. W4 ar a?r#MMiMw•?i1si?MMrloatAwnttww??awe?: ?(,, o00 OOU AN60) /D fob - ?- _ _ __..._.....-...V._.. Inrwfd?t?nw>wwkr+wl?+aiM1?1? ? ,? }.-''f??°_ idt ?wY111? AnttMlt ?11s1?111?M?11M11t? ?'?9e 4ll?l?dl?tI?B?AM ?iMIM1?lMt/1tAl? taM?1?RAirf lM6 _,.....__r.?--«.. e#?Mlt?1? AS >???II?a.ArMlt?Ml?r eeat?rt. (ht?lttrA?llFwrMMMl??oiMAer ?Ihr>?rr?"M'+r"? 1.1 , "MAIM ,410,-6--l /° 0- IMIBIT "A" PAGE1 08-15-2006 06:29 ? N --4 1ti' ?i :c4 Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, Plaintiffs Cumberland County Branch STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 VS. Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., VillageCraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc., Defendants In the Court of Common Pleas of the 9" Judicial District of Pennsylvania Civil Action-Law No. 2007- 110 Assigned to: CERTIFICATE OF SERVICE I, Shawn D. Meyers, Attorney for the Plaintiffs, Rodney J. Pine, Jeffrey A. Pine and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, do certify that I personally served true and attested copies of the Complaint in the above captioned matter upon Pallo Lucchesi, Esq., counsel for the Defendants, by mailing it on Tuesday, May 1, 2007, via United States Postal Service first- class mail, postage prepaid, addressed to Pallo Lucchesi, LLC, 1368 South Atherton Street, State College, Pennsylvania 16801. Dated: /117 / Shawn D. Meyers Attorney for the P intiffs Steiger, Steiger and Meyers 120 North Main Street Mercersburg, PA 17236 (717) 328-3525 (717) 328-3525 0 C a {'[l ?- y ;.(.. Rodney J. Pine, Jeffrey A. : In the Court of Common Pleas Pine and Jeffrey A. Bowers, : of the 9" Judicial t/d/b/a Wispering Mountain : District of Pennsylvania Acoustical Ceilings and Flooring, Plaintiffs Cumberland County Branch VS. Civil Action-Law Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., No. 2007-1904 VillageCraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc., Defendants Assigned to: YOU ARE PUT ON NOTICE THAT WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 T0: Curtis R. Long, Prothonotary Please enter a default judgment in favor of the Plaintiffs, Rodney J. Pine, Jeffrey A. Pine, and Jeffrey A. Bowers, t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, against the Defendants, Jerry Trolinger, individually; Villagecraft Contract Furnishings, L.P.; VillageCraft Factory Direct, Inc.; and Villagecraft Contract Furnishings, Inc. in the amount of $7,800.00 plus court costs in the amount of $14.00 for the filing of the Praecipe, interest calculated at the lawful rate of 7% multiplied by the judgment of $7,800.00 which equals a daily amount of $1.495; the Defendants, Jerry Trolinger, individually; Villagecraft Contract Furnishings, L.P.; VillageCraft Factory Direct, Inc.; and Villagecraft Contract Furnishings, Inc., failing to file a response to the Plaintiffs' complaint which was filed on April 30, 2007 and served upon the Defendants' counsel, Faith Lucchesi, Esquire, at her law offices Pallo Lucchesi, LLC, 1368 South Atherton Street, State College, PA 16801, on May 1, 2007. I certify that the ten day notice required under Pennsylvania Rule of Civil Procedure 237.1 was served upon the Defendants' counsel on July 16, 2007, by United States first class mail. A copy of the ten day notice that was sent to the Defendants' counsel and a copy of the USPS Form 3811 certificate of mailing is attached hereto. Shawn D. Meyers, uire Court I.D. No.: 8896 Attorney for the Plaintiffs Steiger, Steiger & Meyers 120 North Main Street Mercersburg, PA 17236 (717) 328-3525 STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17236 (717) 328-3525 Rodney J. Pine, Jeffrey A. : In the Court of Common Pleas Pine and Jeffrey A. Bowers, : of the 9t' Judicial t/d/b/a Wispering Mountain : District of Pennsylvania Acoustical Ceilings and Flooring, Plaintiffs Cumberland County Branch VS. : Civil Action-Law Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., No. 2007-1904 Villagecraft Factory Direct, Inc., and Villagecraft , Contract Furnishings, Inc., , Defendants Assigned to: TO: Faith M. Lucchesi, Esquire Pallo Lucchesi, LLC 1368 South Atherton Street State College, PA 16801 DATE OF NOTICE: July 12, 2007 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. STEIGER, STEIGER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF & MEYERS YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET ATTORNEYS AT LAW FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION 120 N. MAIN STREET ABOUT HIRING A LAWYER. MF_RCERSBURG. PA 17236 (717) 328-3525 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION'ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 Shawn D. Meyers, E ire Court I.D. No. : 68896 Attorney for Plaintiffs Steiger, Steiger & Meyers 120 North Main Street Mercersburg, PA 17236 (717) 328-3525 STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG, PA 17238 (717) 328-3825 • Complete items 1, 2, and 3. Also complete A. 19 store r I Item 4 if Restricted Delivery is desired. 1 - ® Print your name and address or!-the reverse Agent X -t .? Age so that we can return the card to you. • Attach this card to the back of the mallpiece, or on th f t if e - ec°}ved y ()?r1njed Name) C. t of ellvery e ron space p rmits.. ? 1 1. Article Addressed to: D. Is delivery address different from Item 17 Yes If YES, enter delivery address below: ? No Faith M. Lucchesi, Esq. Pallo Lucchesi, LLC. 1368 South Atherton.-Street State College, PA 16$01 I Service Type - M Certified, Mail ? Express Mail O Rdolstered ? Return Receipt for Merchandise la Insured Mail ? C.O.D. 4. R+sstriited Delivery? (Extra Fee) ? Yes 2. Article Number (rransfer from service labeq '7 0 0 l 2 510 009.1 0 3 0 7 3 4 0 0 PS Form 3811, August 2001 a)omestic Return Receipt102595-01-M-2502 'M Lr , - I INITF[) ZSIArFs PosTAN ' .'; '. ?, 44 'W' A A .v . ?elider: rlegse print yotAr .r1arne, address, and ZJP+4 in this box' Shawn D. ,Meyers, Esq. Steiger, Steiger & Meyer: 120 N. Main.''S'treet Mercersb urg. PA 17236. ' ?itt??l?ta??ttir?t?llt??I rtttt?ljlttiltt?t?tiltritt?t?t??rt?t?t??? 0 C ? S=ri d `i a55j 5pr("g " &r Iisle,QA 1`I O13 Rodney J. Pine, Jeffrey A. : In the Court of Common Pleas Pine and Jeffrey A. Bowers, : of the 9th Judicial t/d/b/a Wispering Mountain : District of Pennsylvania Acoustical Ceilings and : Cumberland County Branch Flooring, Pp ncl5 Plaintitfs 1y P VS. Jerry Trolinger, individually,: Villagecraft Contract Furnishings, L.P., --VillageCraft Factory Direct, Inc., and Villagecraft Contract Furnishings, Inc., Defendants Civil Action-Law No. 2007-1904 Assigned to: PRAECIPE FOR WRIT OF EXECUTION STEIGER, STEIGER & MEYERS ATTORNEYS AT LAW 120 N. MAIN STREET MERCERSBURG,PA17236 (717) 328-3525 To the Prothonotary: Curtis R. Long Issue writ of execution in the above matter: (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Jerry Trolinger, individually, Villagecraft Contract Fu-rnishings, L.P., VillageCraft Factory Direct, Inc. and Villagecraft Contract Furnishings, Inc., Defendants; and (3) enter this writ in the judgment index against Jerry Trolinger, individually, Villagecraft Contract Furnishings, L.P., VillageCraft Factory Direct, Inc. and Villagecraft Contract Furnishings, Inc., Defendants; (4) Amount due $7,800.00 Interest from August 10, 2007 to the present date in the amount of 7% per annum or $1.495 per day for a total of $206.31 $ 206.31 Costs to be added: $ 238.00 (A) filing of praecipe for entry of judgment $14.00 (B) costs of filing praecipe for writ of execution $24.00 (C) Sheriff's costs $200.00 Total: $8,244.31 Date:, 2008 'x""7 Shawn D. ers Attorney for the Plaintiffs all pemgpo- Properly (}'??. OCa Q? -? 08 .?. ` a t3 O t?i1 0 ? F c- C7 b ? :? ?? O L ?k ? Q n ? q' ? r -- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1904 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RODNEY J. PINE, JEFFREY A. PINE and JEFFREY A. BOWERS, t/b/d/a WISPERING MOUNTAIN ACOUSTICAL CEILINGS AND FLOORING, Plaintiff (s) From JERRY TROLINGER, individually, 1446 Holly Pike, Carlisle, PA 17015 VILLAGECRAFT CONTRACT FURNISHINGS, L.P., 1446 Holly Pike, Carlisle, PA 17015 VILLAGECRAFT FACTORY DIRECT, INC., 2551 Spring Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the 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 $7,800.00 L.L. $.50 Interest from 8/10/07 to the present date in the amount of 7% per annum or $1.495 per day for a total of --$206.31 Atty's Comm % Atty Paid $118.75 Plaintiff Paid Date: 2/26/08 Due Prothy $2.00 Other Costs $238.00 Curtis • . LongOP-?ary (Seal) By: Deputy REQUESTING PARTY: Name SHAWN D. MEYERS, ESQUIRE Address: STEIGER, STEIGER & MEYERS 120 NORTH MAIN STREET MERCERSBURG, PA 17236 Attorney for: PLAINTIFF Telephone: 717-328-3525 Supreme Court ID No. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) RODNEY J. PINE, JEFFREY A. PINE and JEFFREY A. BOWERS, t/d/b/a WISPERING MOUNTAIN ACOUSTICAL : CEILINGS and FLOORING, Respondents ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Rodney J. Pine, Jeffrey A. Pine, and Jeffrey A. Bowers t/d/b/a Wispering Mountain Acoustical Ceilings and Flooring, in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-1904 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled CERTIFIED FROM THE RECORD this d'a(?^ By the Court, day of ?-6 k?? , 20 O Cleric, U.S. Dankr icy Per Depuly Clerk Robert N. Opel, It Bankruptcy Judge Pa) This document is electmnically signed and filed on the s dale. Dated *@8 -84R§5-RN0 Doc 74 Filed 10/23/08 Entered 10/23/08 11:15:20 Desc Main Document Page 1 of 1 J V' d1 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 -Poundage Law Library Prothonotary Mileage Surcharge Levy Postage Advertising PP Sale Garnishee Advance Costs: 200.00 Sheriff's Costs: 121.01 78.99 Refunded on 11/03/09 18.00 2.37 .50 2.00 4.80 50.00 40.00 3.34 $ 121.01 Cl r.a _ C7 c? So Answers R. Thomas Kline, Sheriff _ co By l gall ^ Sharon R. Lantz :> ii Jrn A a J s 0 t a ES -01 V L Z 83j BO?Z Hy4 ?.. 7-? F 9S ? d °-? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1904 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RODNEY J. PINE, JEFFREY A. PINE and JEFFREY A. BOWERS, t/b/d/a WISPERING MOUNTAIN ACOUSTICAL CEILINGS AND FLOORING, Plaintiff (s) From JERRY TROLINGER, individually, 1446 Holly Pike, Carlisle, PA 17015 VILLAGECRAFT CONTRACT FURNISHINGS, L.P., 1446 Holly Pike, Carlisle, PA 17015 VILLAGECRAFT FACTORY DIRECT, INC., 2551 Spring Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the 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 $7,800.00 L.L. $.50 Interest from 8/10/07 to the present date in the amount of 7% per annum or $1.495 per day for a total of --$206.31 Atty's Comm % Arty Paid $118.75 Plaintiff Paid Date: 2/26/08 (Seal) Due Prothy $2.00 Other Costs $238.00 Curd . Long, Proth rrbtar By: Deputy REQUESTING PARTY: Name SHAWN D. MEYERS, ESQUIRE Address: STEIGER, STEIGER & MEYERS 120 NORTH MAIN STREET MERCERSBURG, PA 17236 Attorney for: PLAINTIFF Telephone: 717-328-3525 ES :Q! V L Z 933 0001 3di?33N ?, -;. , ? _?' :.??.-=1 j