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BECKLEY AND MADDEN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA
V.
LYDIA KELLER,
DEFENDANT/PETITIONER : 99-3033 CIVIL TERM
IN RE: PETITION OF LYDIA KELLER
TO STRIKE OR OPEN A JUDGMENT
BEFORE BAYLEY J.
ORDER OF?RT
AND NOW, this 140 day of August, 1999, the judgment entered by
Beckley and Madden against Lydia Keller at 99-3033 Civil Term, IS OPENED.
By the court, ; l
Thomas S. Beckley, Esquire
For Plaintiff
William J. Fulton, Esquire
For Defendant
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Edgar B.
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BECKLEY AND MADDEN,
PLAINTIFF/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LYDIA KELLER,
DEFENDANT/PETITIONER
99-3033 CIVIL TERM
IN RE: PETITION OF LYDIA KELLER
TO STRIKE OR OPEN A JUDGMENT
BEFORE BAYLEY, J.
OPINION AND ORDER OF COURT
Bayley, J., August 20,1999:--
On January 8, 1999, Beckley and Madden, a law firm, filed a civil complaint
against Richard and Lydia Keller in Magisterial District Number 12-1-04 in Dauphin
County. The complaint sought a total of $3,957.45 with interest for "the fair and
reasonable value of the services provided by Plaintiffs to Defendants." On February
18, 1999, the District Justice entered judgment against Richard Keller and Lydia Keller
in the amount of $4,073.99.' A timely pro se notice of appeal containing a praecipe to
file a complaint, signed by Richard Keller and naming himself as appellant, was filed in
the Court of Common Pleas of Dauphin County, Pennsylvania. The caption on the
appeal is Beckley and Madden versus Richard and Lydia Keller. On April 29, 1999,
' The District Justice entered separate judgments against Richard Keller and
Lydia Keller each in the amount of $4,073.99, despite the fact that amount was the total
of the debt plus interest and costs claimed by plaintiff to be owed by both defendants.
99-3033 CIVIL TERM
Beckley and Madden filed a complaint against both Richard Keller and Lydia Keller
seeking a total of $3,957.45 with interest it alleges is due from the Kellers. Richard
Keller and Lydia Keller then signed and filed a pro se answer to the complaint with new
matter.
On May 19, 1999, Beckley and Madden had the $4,073.99 Dauphin County
judgment against Lydia Keller transferred to Cumberland County. A writ of execution
was issued on which a levy was made on the personal property of Lydia Keller. On
June 3, 1999, Lydia Keller filed this petition to strike or open the judgment with a stay of
execution. A Rule was entered against Beckley and Madden pursuant to Pa. Rule of
Civil Procedure 206.7 to show cause why the relief should not be granted. No
depositions were taken. Under Rule 206.7(c), the issues shall be decided on the
petition and answer and all averments of fact responsive to the petition and properly
pleaded in the answer are admitted. Briefs were filed and oral argument held on
August 10, 1999.
Petitioner maintains that the judgment entered against her in Dauphin County
could not be legally transferred to Cumberland County because of the pending appeal
in Dauphin County to which respondent filed a complaint against both her and her
husband. Respondent maintains that because the appeal from the judgment in
Dauphin County was signed by Richard Keller only, and despite the fact that it was
captioned against both defendants and that it responded to the appeal by filing a
complaint against both Lydia Keller and Richard Keller, the judgment against Lydia
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99-3033 CIVIL TERM
Keller is final and thus was properly transferred to Cumberland County. In its brief,
respondent states that it filed a complaint in Dauphin County against both Richard
Keller and Lydia Keller "out of an abundance of caution" in case this court rejects its
position. It concludes that if it had failed to name Lydia Keller as a defendant and this
court grants her petition to strike or open the Cumberland County judgment, then Lydia
Keller could obtain a judgment of non pros in Dauphin County. Beckley and Madden
further concludes that if its judgment against Lydia Keller is satisfied in Cumberland
County she will have an affirmative defense of payment to the action against her in
Dauphin County, and it will withdraw its complaint against Richard Keller.
Pa. Rule of Civil Procedure for District Justices 1002(A) provides that "A party
aggrieved by a judgment for money.... may appeal therefrom within thirty (30) days
after the date of the entry of the judgment." Pa. Rule of Civil Procedure 1309 governing
appeals from awards of boards of arbitration provides that "An appeal by any party shall
be deemed an appeal by all parties as to all issues unless otherwise stipulated in
writing by the parties." No similar rule exists regarding appeals from judgments entered
before a District Justice. Although this case involves two Rules of Procedure,
respondent still concludes, citing Seliga v. State Employees' Retirement System, 682
A.2d 77 (Pa. Commw. 1996), that "[Wjhere a section of a statute contains a given
provision, the omission of that provision from a similar section is significant to show a
different intention existed."
In Maybee v. McKnight, 264 Pa. Super. 16 (1979), the district justice entered
-3-
99-3033 CIVIL TERM
judgment in favor of plaintiff and against defendant Coryea and in favor of defendant
McKnight and against plaintiff. Coryea appealed. Plaintiff did not. Pursuant to
Coryea's appeal, plaintiff filed a complaint naming Coryea and McKnight as defendants.
Subsequently, plaintiff also obtained a court order permitting McKnight to be joined as
a defendant. McKnight filed a preliminary objection to plaintiffs complaint contending
that plaintiffs failure to appeal from the judgment entered in his favor deprived the court
of jurisdiction over the case as it related to this defendant. The Superior Court
concluded:
While we do not believe that an appeal to the Common Pleas Court by
one defendant automatically reopens the issue of another's liability, see,
e.g., Delmarmol v. Fidelity and Deposit Co. of Maryland, 225 Pa.
Super. 90, 310 A.2d 363 (1973) (appeal of one defendant from arbitration
award does not reopen issue of another defendant's liability); Fante v.
Philadelphia Transportation Co., 222 Pa. Super. 276, 294 A.2d 776
(1972), we do believe that Rule 10078 allows any party to join another in
an appeal already instituted by another without filing a separate appeal.
We also believe that, with respect to the common pleas court's jurisdiction
over the jointed defendant, this application of Rule 10078 does not
contravene 42 Pa.C.S. § 3005(b). (emphasis in original)
Judge Wieand, concurring, stated:
I concur fully in the majority's decision to affirm the order causing
appellant to be joined as a party to the action pending in the trial court.
Therefore, I find it unnecessary to determine whether, in the absence
of such an order, one defendant's appeal from a magistrate's
decision would carry with it the issue of another defendant's liability.
(Emphasis added.)
In Burrell Industries, Inc. v. Phillips, 8 D. & C. 4' 665 (1990), the Court of
Common Pleas of Allegheny County held that Rule 1309 governing appeals from
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99-3033 CIVIL TERM
awards of boards of arbitration should be applied to appeals from judgments entered by
District justices. However, in Glen Rock Borough v. Miller, 720 A.2d 800 (Pa.
Commw. 1998), the facts were that Esther and William Miller owned property in Glen
Rock Borough in which James E. Holmes was a tenant. The Borough filed a civil
complaint before a District Justice charging Holmes and the Millers with the illegal use
of the property as an outdoor repair shop and short term parking lot in violation of the
Borough zoning ordinance. The District Justice entered judgment against Esther and
William Miller and James E. Holmes individually in the amount of $100 per day plus
costs. William Miller filed an appeal and a Rule against the Borough to file a complaint.
The Borough filed a complaint against William Miller and entered judgment against
Esther Miller and James E. Holmes. The court of common pleas heard the appeal and
entered a judgment against William Miller. The Borough executed its judgment against
Esther Miller but she claimed in a petition to strike or open the judgment that its entry
against her was improper because her husband's appeal from the District Justice's
entry of the judgment also applied to her. The Commonwealth Court stated:
Since there is no procedural rule promulgated by the
Pennsylvania Supreme Court to support the Allegheny County
common pleas court holding in Burrell, we cannot embrace Esther
Miller's assertion that, by operation of law, an appeal by one party
from a district justice judgment encompasses all parties as to all
issues. Nonetheless, from the limited facts on ownership of the subject
property that were presented to us, we believe that Esther should have
been joined in her husband's appeal. Pa. R.C. P. No. 2227(a),
regarding compulsory joinder, provides: 'Persons having only a joint
interest in the subject matter of an action must be joined on the same side
as plaintiffs or defendants.'
-5-
99-3033 CIVIL TERM
While the record is unclear as to how the Millers held their property
(e.g, tenancy by the entireties, tenancy in common), there appears to be
no dispute that they owned it together. Although it obtained judgments
against them on the same date and the zoning violations on jointly
held property were the same, the borough's actions in proceeding
against the Millers were confusing and clearly contributed to Esther's
belief that her husband's appeal from the district justice judgment also
must have included her. In reaching this conclusion, we note that it is
the single property that was subject to violations, not the separate
conduct of individuals. (Emphasis added.) (Footnote omitted.)
w««
Despite the fact that there is no question that the Millers received
adequate and separate notice of the judgments against them, due
process considerations are also present here. By failing to include Esther
in the suit brought against William in common pleas court, the borough,
albeit unwittingly, may have denied her an opportunity to be heard in her
capacity as owner of the property. This is particularly true if Esther and
William owned their property as tenants by the entireties, since Esther
reasonably relied on her status as William's wife to think that his appeal
from the district justice judgment necessarily included her. (Footnote
omitted.)
Here, the record falls short in at least one curious evidentiary
respect-that is, how do Esther and William hold the property that was
violative of the zoning ordinance. Because the petition to strike off or, in
the alternative, open judgment offers sufficient reason for Esther's delay in
filing it (her reasonable belief that her husband's appeal necessarily
included her), we vacate the common pleas court's order denying that
petition. We also remand the case to that court for a hearing in which
additional evidence with respect to how the Millers held their property
shall be taken. If, based on this additional evidence, the common pleas
court determines that the Millers did in fact hold the property jointly,
then Esther should have been joined as an indispensable party in
William's appeal, and the judgment entered against her on December
12, 1995 is void. (Emphasis added.) (Footnote omitted.
The claim of Beckley and Madden in its suit before the District Justice, and in the
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99-3033 CIVIL TERM
complaint it filed in the Court of Common Pleas of Dauphin County, is for attorney fees
of $3,957.45 incurred jointly by Richard Keller and Lydia Keller. The Kellers either owe
plaintiff $3,957.45, or something less or nothing at all. The liability for the total
amount of the single debt is joint although the collection of such a debt can be made
against either defendant. As such, Lydia Keller is an indispensable party under the
reasoning in Glen Rock Borough v. Miller, supra. She has already been made a
parry in plaintiffs complaint that has been filed against her and her husband in the
appeal captioned against both defendants in Dauphin County. The judgment entered
against her by the District Justice is not final
While petitioner seeks to strike this judgment we cannot do so because a
judgment can only be stricken if a fatal defect appears on the face of the record at the
time it is filed. Cintas Corporation v. Lee's Cleaning Services, Inc., 700 A.2d 915
(Pa. 1997). The fact that this judgment is subject to the appeal in Dauphin County does
not appear on the face of this record as of the time it was transferred and filed in
Cumberland County. We will open the judgment because the petition was promptly
filed fourteen days after the judgment was entered, and petitioner has a meritorious
defense. Cintas Corporation v. Lee's Cleaning Services, Inc., supra.
ORDER OF COURT
AND NOW, this ___Q -10-day of August, 1999, the judgment entered by
Beckley and Madden against Lydia Keller at 99-3033 Civil Term, IS OPENED.
-7-
99-3033 CIVIL TERM
Thomas S. Beckley, Esquire
For Plaintiff
William J. Fulton, Esquire
For Defendant
:saa
By the Court,
Edgar B. Bayley, J.
-8-
BECKLEY & MADDEN,
PLAINTIFFS/RESONDENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LYDIA KELLER
DEFENDANT/PETITIONER
: 99-3033 CIVIL TERM
ORDER OF COURT
AND NOW, this 3t° day of June, 1999, upon consideration of the foregoing
petition, IT IS ORDERED:
(1) A Rule is issued against respondents, Beckley & Madden, to show cause
why the petition to open and/or strike judgment and to stay execution should not be
granted.
(2) Respondents shall file an answer to the petition within fifteen (15) days of
service.
(3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7.
(4) Any depositions shall be completed within thirty-five (35) days of service.
(5) Briefs shall be filed in chambers and argument shall be held on August 10,
1999, at 11:00 a.m., in Courtroom No. II of the Cumberland County Courthouse.
(6) Notice of the entry of this order shall be provided to all parties by petitioner.
(7) All proceedings shall stay pending further order of court.
By the C >
Edgar B. Bayley, J.
11
I?"
Thomas S. Beckley, Esquire
For Plaintiffs/Respondents
William J. Fulton, Esquire
For Defendant/Petitioner
saa
-2-
FILED- FCE
OF TP- PRDTHC "0TMY
99JU,11-3 HM11a44
CUNIG-RAND COUNTY
PENNSYLVANIA
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BECKLEY & MADDEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LYDIA KELLER, NO. 99 - 3033
Defendant
ORDER OF COURT
AND NOW, this day of June, 1999, uporr due consideration
of the within Petition to open and/or Strike Judgment and to Stay
Execution filed on behalf of the defendant by William J. Fulton,
Esquire, IT IS HEREBY ORDERED THAT:
(1) a Rule is issued upon the plaintiff to show cause why the
Petitioner is not entitled to the relief requested;
(2) the respondent shall file an answer to the petition
within days of this date;
(3) the matter shall be heard at Argument Court on June 30,
1999 and briefs shall be filed in accordance with local rules;
(4) notice of the entry of this order shall be provided to
all parties and to the Sheriff of Cumberland County by the
petitioner; and,
(5) all proceedings, including execution and enforcement of
the judgment, are stayed in the meantime.
BY THE COURT:
J.
i A. '
BECKLEY & MADDEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LYDIA KELLER, NO. 99 - 3033
Defendant
TO THE HONORABLE, THE JUDGES OF SAID COURT:
PETITION TQ OPEN AND/OR MIKE jMG NT
AND TO STAY EXECUTION
AND NOW, this 3rd day of June, 1999, comes the defendant,
LYDIA KELLER, by and through her attorney, WILLIAM J. FULTON, who
respectfully files this Petition to Open and/or Strike the Judgment
filed against the defendant at the above term and number
representing that:
1. On or about May 14, 1999, Plaintiff filed by Praecipe a
judgment against the defendant issued by District Justice Marsha
Stewart on February 18, 1999 in Harrisburg, Dauphin County,
Pennsylvania.
2. Plaintiff has caused a writ of execution to issue and on
or about May 19, 1999, the Sheriff made a levy upon
personal
property of the Defendant.
i
3. Defendant believes and avers that the judgment was
erroneously and inequitably entered against her and should be.
stricken and/or opened for the following reasons:
(a) Plaintiff originally commenced a District Justice action
against RICHARD AND LYDIA KELLER before District Justice Marsha
Stewart, Magisterial District 12-1-04 in Dauphin County. A copy of
1 _.
4;
the Civil Complaint is attached hereto as Exhibit "A" and is
incorporated herein by this reference.
(b) The defendants were and have been pro se in that
proceeding.
(c) The district justice issued separate computer generated.
Notices of Judgment against RICHARD KELLER AND LYDIA KELLER.
Copies of each are attached hereto as Exhibits IIBrr and "C" and
incorporated herein.
(d) On or about March 5, 1999, RICHARD KELLER timely filed a
Notice of Appeal from District Justice Judgment, listing himself as
appellant and listing RICHARD & LYDIA KELLER as defendants in the
case caption blank. A copy is attached hereto as Exhibit I'D" and
incorporated herein.
(e) On or about April 29, 1999, the Plaintiffs filed a
Complaint in the Dauphin County Court of Common Pleas naming both
RICHARD KELLER AND LYDIA KELLER as defendants and demanding
judgment against both in the amount of $3,957.45 plus interest and
costs. A copy of the Complaint is attached hereto as Exhibit "E"
and is incorporated herein.
(f) On or about May 21, 1999, RICHARD KELLER filed a pro se
i
Answer (with New Matter) to the Complaint on behalf of he and his
wife. A copy is attached hereto as Exhibit "F" and is
incorporated herein.
(g) A reply to the New Matter has not been filed on
Defendants as of this date and the pleadings, therefore, remain
open in the Dauphin County suit.
2
(h) LYDIA KELLER cannot be a judgment debtor and a defendant
in different judicial districts in the same cause of action at the
same time.
(i) The judgment against her has been erroneously entered
against her either by design or neglect because the Praecipe for
Entry of Judgment dated May 14, 1999, a copy of which is attached
hereto as Exhibit "G" and incorporated herein by this reference,
states "The Defendant has failed to file a timely appeal."
WHEREFORE, defendant, LYDIA KELLER, respectfully petitions
Your Honorable Court to issue a Rule upon the plaintiff, BECKLEY
& MADDEN, to show cause, if any, why the judgment entered to the
above-term and number should not be opened and/or stricken. It is
further requested that execution or enforcement proceedings be
stayed in the meantime.
Respectfully submitted,
Dated: June 3, 1999 J U ? ?4?_
William J. Fulton
Attorney for Defendant
106 Walnut Street
Harrisburg, PA 17101
(717) 233-5133
Attorney I.D. #25457
3
-WM -03-99 THU 05:34 PM KELLER
0:i-are-Y4 1 R 1 21
0, 1
717 975 9443
VeciLication
I hereby vet•iry thA7- thn facts a:-
PptiT.ion are true and correct to the
information and boliof. I understand tha-
ctrtements are made subjer_t to the .^i•?...
Pa.(:.S.A.04J04, relating to unuworh falml,
f
4
Exhibit A
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COMMONWEALTH OF PENNSYLVANIA
Maglsterlal District Number 12 - 1 - 04
DJ Name: Hon. MarSha C. SteWart
Address; 1520 Walnut street
Harrisburg, PA 17103
Telephone No. (
COMPLAINT NuMRrP- Cv 26-99
UATE FILED:
January 8, 1999
FILING COSTS $ A 59.00 DATE PAID
SERVICE COSTS S 11-04
J.C.P.
6
TOTAL $ 70.04 1/8/99
CIVIL COMPLAINT
PLAINTIFF!
Name BIX34.1:'Y & MADmi
Addm,a 212 North Third street
P.O. Box 11998
Harrisburg, PA 17108-1998
nerENDANT(S): VS,
Da I Name RICHARD and LYDTA HCEI&,ER
Address 2703 00Id1+431A AVENUE
CAMP HILL, PA 17011
OZ I Name
Addreaa
TO THE DEFENDANT: The above named plaintiff(s)'asks ludgment against you for S 3.957..4 W together Xc.•:
the following claim (Clvll Fines must include citatlon of the statuto of ordinance. v violated);..
..
Plaintiff provided legal services to Defendants at Defendants' request front May, 19981
through November, 1998. y
5d
The fair and reasonable value of the services provided by Plainaff"to Defenudants is
$3,957.45.
Despite deRand therefor, Defendants have failed and refused to Pay"' this an=' t.
1. - MaXY V DaV(a verily that the IaCla sal loch
in this complaint are true and correct to the boat of my knowledge, information, and belief. This statement is made subject 10 the penalties nr
Section 4904 of the Crimes Code (18 Pa. C.S.A. §4904) related to unsworn fatsifi Lion to authorities.
(S alu of Plaintiff or Authorized Agenq
i
,
Plaintiffs
Allomer: ThCrTaS S. Beckley, Esquire
Address: 212 N. 3rd St. P:O. Box 11998 Telephone: (717) 233-7691
Harrisburg, PA 17108-1998
HEANND 19 SCHEDULED BY DISTRICT JUSTICE AS FOLLOWS:
1520 Walnut St. Hbg PA February 18, 1999 4:^^_
Loeallon
Dale Time
,.,v "Ni"l\V rv CNIEK A UtFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT
THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT Y011c
DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
IF YOU HAVE A CLAIM against the plaintiff which is within district lustice Jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing. If you have a claim against the plaintiff which is not within district justice
aresdisab mreayuirreque
inistafocrmation from this ato attend court opleease as to the procedures contact the Mag terlal District follow' office at you
addras. above.
01 02
G D Registered/Cert,4ed Mail
01 02.
O O rleturried 09C091 Attached
Service of Process
01 02
O O Proof Of ServlLe Altscnod
0 01 Dale 59rved
DI 02
C• C Not Served
)
i.
t
Exhibit 8
sl
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: DAUPHIN
Map. Diat. No.:
12-1-04
Df,Name: Hoh,
MARSHA C. STEWART
Atltliaaa: 1520 WALNUT STREET
HARRISBURG, PA
Telephone: (717 ) 233-1220
BECKLEY & MADDEN
212 NORTH 3RD ST.
P.O. BOX 11998
HARRISBURG, PA 17108
THIS IS TO NOTIFY YOU THAT:
? .Igm
Judgment:
e;.t:
17103
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL. CASE
NAME AM ADDRESS
IBECKLEY a MADDEN
212 NORTH 3RD ST.
P.O. BOX 11998
LHHARRISBURG, PA 17108
DEFENDANT: VS.
NAME and ADDRESS
rRICHARD KELLER, ET AL. i
2703 COLUMBIA AVE.
CAMP HILL, PA 17011
L
J
Docket No.: CV-0000026-99
Date Fiied: 1/08/99
P
vn nr.a
?_ ___TA7TTAF
0 Judgment was entered for: (Name) nar?xr,aY >r rrrnnntrnr
® Judgment was entered against: (Name) LYDIA srELLER
in the amount of $ a ? on:
F1 Defendants are jointly and severally liable.
7 Damages will be assessed on:
0 This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $-
0 Levy is stayed for days or O generally stayed.
(Date of Judgment) _ 2/i g/qq
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
Objection to levy has been filed and hearinq will be held:
LEDate: Place.
ANY PA
RTY 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
MUS INC DE A COPY OF THIS NO DGM Iy RIPT FORM WITH YOUR NOTICE OF APPEAL.
?1 Date
District Justine
I c ify at this is a true
0 _L Date
the proceedings containing the judgment.
District Justice
My commission expires first Monday of January, 2000 SEAL
AOPC 315.96
??1 \i\11 Ilr??l urn\\rl?l. x\?l:v Nio 10?? i?l(rfllll ` T '
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Exhibit C
JUPi- .-?5 Tuh' IUi3j M ?'"J1 c
COUNTY OF: DAOPHIN
COMMONWEALTH OF PENNSYLVANIA
1dp Din P»:
12-1-04
DJ Nun.. Non
MARSHA C. STEWART
Adl,m.. 1520 WALNUT STREET
HARRISBURG, PA
Tatadncnc (7171 233-1220 17103
NOTICE OF IVIDL GMENTASE /TRANSCRI-r" i"
PLAINTIFF: NAM'c and ADDRESS
FBECRLBY 6 MADDEN .,
212 NORTH 3RD ST.
P.O. BOX 11998
LHARRIsBURG, PA 17108
VS.
DEFENDANT; NAME And ADDRESS
FRICHARD SELLER, BT AL.
2703 COLUMBIA AVE.
CAMP HILL, PA 17011
L
MARSHA C. STEWART
1520 WALNIM STREET Docket No.: CV-0000026-99 r
HARRISBURG, PA 17103 Date Filed: 1/08/94 Tx -
4
y'
THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF
-- Judgment:
Judgment was entered tor: (Name) -
Q Judgment was entered against: (Name)
In the amount of $ 4 073-99 on: (Date of Judgment) 2 4I 8/99
" . ? Defendants are jointly and severally liable. (Date & Time) --
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/Act 5 of 1996 $_
? Levy is stayed for days or ? generally stayed.
? Objection to levy has been filed and hearing will be held:
Date:
j I Timo:
Amount of ,judgment
Judgment Costs
Interest on Judgment
Attorney Fees
XV.
$ .ilia
Post Judgment Credits $.._ ---
Post Judgment Costs $
Certified Judgment Total $^l-
Place:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NCB:":
OF APPEAL WITH THE PRO]HONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCHIPT FORM WITH YOUR NOTICE OF APPEAL.
District Ju:.......
Date _
I cortity that this is a true and correct copy of the rocold of the proceodings containing the judgment
Date
A.•
My commission exp,res first Monday of January
200D
District Justice
SEAL
ACPC 3t5.96
41y1 •Il 11 ??ri ?I n'?Yr CSI. 1 •n )p p?Y 11??? 1?1 [rG 111 ` T '
f r
ri
Exhibit 0
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
• JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. L 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 mentioned below. ...
...n¢u or wrruL?xr clrv •vrr
D.I. oror moaMinr ,N rxc cxu OF .n .... ............. .
t c n r AL l^ t7ct?r e
CL.IM NO. •?` 'G A1.. Or P?r6LL.NT OII XI• ATTOX NCY Ox A..C
?.
Cv 19
LT 19
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice„ will opelaro as
a SLIPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1007(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty, 120•
I days after filing his NOTICE of APPEAL.
Siyna LUte of Pro fhonofilry or Ocpu: y
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to he used ONLY when appellant was DEFENDANT (see Pa.. R.C.P.J.P. No. 700717) in action before Oisrrict dust:cr.
IF NOT USED, detach from copy of notice of appeal to he served upon appellee).
PRAECIPE: To Prothonotary
i
Enter rule upon , appellee(s), to file a complaint in this aPPeJ
Name of appelieetsf
(Common Pleas No. I within twenty (20) days after service of rule or suffer entry of judgment of non pros:
(
S'.gnatwe of appellant OFAIS attarAg"L -19r't.
RULE: To
Name of appelfee(si
appellee(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 PROSVVILL BE ENTERED AGAINST
YOU UPON PRAECIPE. ;
(3) The date of service of .his rule it service was by mail is the date of mailing.
Date: .19 .?J-- .. '..• Y?• . ,. fir.
a
S,gnervroofProthorrotaayorDePury
White--- PrO1110170falY COPY
Green ---- Court File Copy
Yellow --- Appellant's COP),
Pink ------ Appellee Copy
iiJid .-..... n n?r•,r.
Aim"
ILLEGIBLE COPY
C
COPY
ILLEGIBLE COPY
T%W AK.
I
.11
Exhibit E
1011
r' r
THOMAS A. BECKLEY and JOHN G. : IN THE COURT OF COMMON PLIAS
MILAKOVIC, t/d/b/a BECKLEY & : OF DAUPHIN COUNTY,
MADDEN, : PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION -LAW
RICHARD KELLER and LYDIA KELLER, : NO. 987-S- 1999
husband and wife,
Defendants
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 any other claim for relief requested by the Plaintiff. You may lose
money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536
Le han demandado a usted en la torte, Si usted quiere defenderse de estas demandas expuestas en
las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la
notification. Usted debe presentar una apariencia escrita o len persona o por abogado y archivar en la torte
en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avixado que si
usted no se de6ende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o
notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
A DIRECCION SEIENCUENTRA
PERSONA00 LLAME POR TELE ONO RA LA OFIICINA DE
ESCRITA ABAJO PARA AVERIGUAR DOGE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
DAUPH114 COUNTY LAWYER REFERRAL SERVICE
j 213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536
THOMAS A. BECKLEY and JOHN G. : IN THE COURT OF COMMON PLEA`
MILAKOVIC, t/d/b/a BECKLEY & : OF DAUPHIN COUNTY,
MADDEN, : PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION -LAW
RICHARD KELLER and LYDIA KELLER, : NO. 987-S-1999
husband and wife,
Defendants
COMPLAINT
AND NOW come the Plaintiffs, Thomas A. Beckley, Esquire, and John G.
Milakovic, Esquire, t/d/b/a Beckley & Madden (`Beckley & Madden" ), who, by and
through their attorneys, Charles O. Beckley, II, Esquire, Thomas S. Beckley, Esquire, and
Beckley & Madden, of Counsel, file this Complaint against the Defendants, Richard
Keller and Lydia Keller, husband and wife, and in support thereof aver as follows:
1. Plaintiffs are Thomas A. Beckley and John G. Milakovic, t/d/b/a Beckley &
Madden, a partnership consisting of attorneys licensed to practice and engaged in the
practice of law before the various state and federal courts and agencies of the
Commonwealth of Pennsylvania and elsewhere, with offices located at 212 North Third
Street, Harrisburg, Dauphin County, Pennsylvania 17101.
2. Defendants are Richard Keller and Lydia Keller ("Defendants"), both of whom
are adult individuals and reside at 2703 Columbia Avenue, Camp Hill, Pennsylvania
17011.
COUNT I - BREACH OF CONTRACT
3. On or about May 27, 1998, Defendants requested Beckley & Madden to
represent them in acquiring certain assets and the right to conduct a business.
8. Also in connection with the purchase of the business, Defendants requested
Beckley & Madden to prepare an employment agreement for an employee who was to be
employed by Defendants in their business.
9. At Defendants' request, Beckley & Madden drafted the employment
agreement. Additionally, Plaintiffs incurred costs on Defendants' behalf which included,
but were not limited to, photocopying charges.
10. Defendants further requested Beckley & Madden to represent Defendant
Richard Keller in a matter involving a speeding ticket which was issued to him.
11. At Defendants' request, Beckley & Madden undertook such representation of
the Defendant Richard Keller and performed certain services for the Defendant including,
but not limited to, telephone conferences with the Defendant, and telephone conferences
with the officer who issued the speeding ticket to Defendant.
12. Defendants agreed to compensate Beckley & Madden for all of Beckley &
Madden's work on an hourly basis and at Beckley & Madden's normal hourly rates,
which are outlined in Exhibit A attached to this Complaint.
13. Despite demand therefor, the Defendants have failed and refused to pay the
amount remaining due to the Plaintiffs on their accounts with Plaintiffs with the result
that Defendants owe Beckley & Madden a total of $3,957.45. This amount represents the
fair and reasonable value of the services performed and costs incurred.
3
14. The total amount demanded does not exceed the maximum for submission to
compulsory arbitration.
15. Beckley & Madden has satisfied all conditions precedent and has otherwise
performed all obligations on its part to be performed.
WBEREFORE, Plaintiffs, Thomas A. Beckley and John G. Milakovic, t/d/b/a
Beckley & Madden, demand judgment in their favor and against Defendants, Richard
Keller and Lydia Keller, in the amount of $3,957.45, plus interest and costs of suit.
COUNT II - QUANTUM MERUIT/UNJUST ENRICHMENT
16. Paragraphs 1 through 15 of this Complaint are incorporated herein as though
set forth here at length.
17. The services performed and the costs incurred were necessary and were fair
and reasonable.
18. The fair and reasonable value of the services performed and costs incurred by
Beckley & Madden on behalf of the Defendants and at their request which remains
unpaid is $3,957.45.
4
WHEREFORE, Plaintiffs, Thomas A. Beckley and John G. Milakovic, t/d/b/a
Beckley & Madden, demand judgment in their favor and against Defendants, Richard
Keller and Lydia Keller, in the amount of $3,957.45, plus interest and costs of suit.
DATED: April 29, 1999 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108
(717) 233-7691
harles O. Beckley, II, squire '
Thomas S. Beckley, Esquire
Attorneys for Plaintiffs
Thomas A. Beckley and John G.
Milakovic, t/d/b/a Beckley
& Madden
5
I, Thomas A. Beckley, hereby state that I am an adult individual, that I have read
the foregoing document and that the facts set forth in the foregoing document are true 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.
Thomas A. ckl y
EXHIBIT A,
BEcEm Y & M"DEX
ATTORNEYS AT LAW
CuAI U Ptuy Oou=
212 NouTu TUMD STR=T
POST OM= SOX 12"S
HARRISBURG, PENNSYLVANIA 17108
ANXA CODE 737
TELEPHONE t 7601
May 27, 1998
Mr. and Mrs. Richard Keller
2703 Columbia Avenue
Camp Hill, PA 17011
Dear Lydia and Richard:
TAX NO.
Min C'J 7Q
TILE NO.
You have requested this office to represent you in a matter involving the purchase
of a business. The Rules of Professional Conduct of the Supreme Court of Pennsylvania
require this office to communicate to you the basis or rate of fees we shall charge you for
our services.
Accordingly, we advise you as follows:
1. Normally, we would require that you pay this firm an initial retainer fee
which is paid to us as consideration for our agreeing to become your
attorney. The retainer would be credited against the overall fee in your
matter at the time of final billing, if you pay your final bill within 30 days
of mailing. Because we have known your family for a very long time, we
will not require you to pay an initial retainer.
2. We shall bill you monthly for our services on a time-expended basis,
computed at our regular hourly rates, which currently range from $100.00
per hour to $145.00 per hour.
As you can understand, our hourly rates increase from time to time and, if
your matter extends long enough, you may be required to pay an increase
in our rates.
We expect and require prompt payment of our bills and reserve the right to
terminate our relationship with you, should you fail to pay our bills
promptly.
The payment of our fees is in no way contingent upon the outcome of the
matter.
t
i
BECKLEY & MADDEN
Mr. and Mrs. Richard Keller
May 27, 1998
Page 2
3. We may incur costs in handling this matter. Costs photocopying, Our
out-of-pocket expenses, for such items as filing fees, p pYmg,
transcripts, mailing, mileage, travel expenses and telephone charges.
Costs do not include charges for clerical or secretarial time, which are
included in our hourly fees. Costs are your responsibility and will be
itemized and billed on a monthly basis, along with our hourly fees.
4. We ordinarily render bills for services, disbursements and expenses on
a mnnthly hasis. All bills are payable upon receipt.
Please indicate on the enclosed copy of this letter your acceptance of the basis
upon which we will be rendering services to you as described above, and return it to us in
the envelope provided for your convenience.
We are, of course, pleased to have the opportunity to work with you in this matter.
Very truly y urs,
Elizabeth S. Beckley
ESB/lb
Encl.
Acknowledged and Agreed:
I .?f/ ??.?. j. cif.
Richard Keller
Lydia Keller
;r.
DATED:
a
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the persons and in the manner indicated
below:
G. Patrick O'Conner, Esquire
3105 Old Gettysburg Road
Camp Hill, Pennsylvania 17011-7208
DATED: May 3, 1999
Thomas S. Beckley, Esquire
M'L II.11111:4 ll"'.. ...... I. a. VI.p I III Y 1."- ''A" "W A'N I."'..
1i 1011
Exhibit F
THOMAS A. BECKLEY and JOHN G. MILKOVIC,
T/d(b/a BECKLEY & MADDEN
V.
RICHARD KELLER and LYDIA KELLER
Husband and wife,
Defendants
ANSWER
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
Civil Action - law
NO. 987-S -1999
AND NOW come the defendants Richard Keller and Lydia Keller, file this answer to the complaint
brought against them by Thomas A. Beckley and John G. Milakovic, Esquire, Ud/b/a Beckley and
Madden.
Our answers to the complaints are as follows :
1) :Agree
2) : Agree
3) : Agree
4) :Agree
5) :Agree
6) :Agree
7) :Agree
8) :Agree
9) :Agree
10) :Agree
11) :Agree
12) :Agree
• Page 2 May 20, 1999
13) :,Disagree because of subsequent agreement. Subsequent agreement was agreed upon by
plaintiff and defendant in Oct. 1998.
14) : Insufficient Information to form a believe.
15) :Denied because of subsequent agreement.
WHEREFORE, defendants Richard Keller and Lydia Keller request the honorable court to enter
judgement in favor of defendants and against plaintiffs, Beckley and Madden.
16) : Paragraphs 1 through 15 of this answer are incorporated herein as though set forth here at
length.
17): Denied because of subsequent agreement.
18) : Said sum of $3957.45 remains unpaid because it exceeds subsequent agreement, as laid out in
defense exhibits A and B.
WHEREFORE defendants Richard Keller and Lydia Keller demand judgement in their favor and
against plaintiffs Thomas Beckley and John Milakovic, t/d/b/a Beckley and Madden.
NEW MATTER:
1. Defendants, Richard Keller and Lydia Keller raise the following defense.
2. In October of 98, Thomas Beckley counsel returned a call I had placed to him in regards to tees or
services rendered.
3. 1 told him that 1 thought the amount seemed high for what I asked him to do regarding the sales
agreement that had agreed on by the seller Barry Guss and myself.
4. Thomas Beckley said that he thought that he billed fairly but to be totally fair he not charge me
more than Mr. Guss attorney charged for his part of the transaction. I accepted his offer.
5. In good faith and with a good deal of time effort I produced the item needed to verify that amount.
Refer to Exhibit A.
6. Mr. Beckley acknowledged receipt of that with his letter tome dated November 17,1998. Refer to
exhibit B. Also in this letter Mr. Beckley states that he will not honor our agreement because of a
discount that Mr.Guss enjoyed because of A special relationship
7. 1 offered to pay Beckley & madden full amount for all other services rendered.
WHEREFORE, defendants Richard Keller and Lydia Keller demand judgement in their favor and
against Plaintiff Thomas Beckley and John Milakovic.
• Page 3 May 20,1999
CERTIFICATION OF SERVICE:
We Richard Keller and Lydia Keller, hereby certify that on this day a true and correct copy of the
forgoing document was served upon the persons and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL.
G. Patrick O'conner, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
Dated: May 20, 1999
Richard Keller.
t
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?ceieaia ante aoas?cr?At on v its ---?-z
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changes to Agreement with kel.lcorp .?
Telephone Convergation with
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Tom Bevklay. raq.
7 / ] 3 98 WEVIEW o ear rte'" ]
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Telephone a7ohvorsation frith
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Mr. ltickmi'd Aaller
2701 0.21t'np6ia Avenue
cqj lull; ;PA 17011
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Nven disrn;aa>_ng the mat,.er w:Wh hi= by tolephono.
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astdd $350 ncr• hour on =qm ar businwr. at m wal. axtt.a, I,#-w rver, t'wf
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dsxtntryt?t•QLW-1t ycxt 11:L aL cxr-- offices. _
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zwlatLumshap Wi (H $R7't:y nxcm artcl Plntiat Perklt necyeling, Lna. =d that
tbw P=r-W3A a 2ALXYW vulcuv3 c 1: 14ASintze8 rn= W.Ryn.r'r f 1 rttt. cormequent-
ly, fz,= timo to titllo, tho Finn accoxdc Uacry Cu" ctettilbut• paaitwL EarLh
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wx-%=vc3 Ut Lbw LLans.u-Lion with wu.
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IItC.
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998
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fnimly, alttx pyL Ycxa are P=: Costly fXcy: to oozv n the toregoing vvitt:
Mty[ua Goldenberg.
:Ravi,wj ZUw- ,xwemd this ancraly. I acxcd our A*Wntar'rativc
bU a Wr to report to = tha OtatUa of yat t. accavnt.. Them Mfn4a'rm of
your account. is that ymi hnva X%mid noLhiiv.7 yituV July 13, 1998, UM-1
yrnr cnn-,ss ifly qw.% us $3,539.45, plus intiarest:'.
wo axe pertrc+.Iy willing io £osVive ihn_ irttere$L it yyeas
xani't prA Ai,.. in fu2I wlUjlu tltra x24u;t txuk (10) claw- FYmr.kW,
mfjzIL d. r xuzUly do not enjoy "oarn9r4 my nwasicnr t?7iQ ,' }aN pgtuncl
zc ==.to which :a= dr- rMlent:.
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Exhbblt 0
JBZCKLEY & MADDEN,
Plaintiff
IN THE COURT OF COMMON PLW
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION -LAW
NO.
.
V.
LYDIA KELLER,
Defendant
PRAECIPE FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY: _
Please enter judgment in favor of Plaintiff, Beckley & Madden, and against the
Defendant, Lydia Keller, in the above-captioned matter, on the attached decision of
District Justice Marsha C. Stewart, dated February 18, 1999, at Docket Number .
CV-0000026-99. The Defendant has failed to file a timely appeal.
DATED: May 14, 1999
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108
(717) 233-7691
Attorney for Plaintiff
Beckley & Madden
n -
Certificate of service
I certify that a true and correct copy of the foregoing
Petition is being served this date upon the plaintiff by first
class mail addressed as follows:
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, PA 17108
(717) 233-7691
Dated: June 3, 1999 _--
William J. Fulton
5 '' J
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BECKLEY & MADDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
V.
CIVIL ACTION -LAW
LYDIA KELLER,
Defendant : NO. C
PRAECIPE FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment in favor of Plaintiff, Beckley & Madden, and against the
Defendant, Lydia Keller, in the above-captioned matter, on the attached decision of
District Justice Marsha C. Stewart, dated February 18, 1999, at Docket Number
CV-0000026-99. The Defendant has failed to file a timely appeal.
DATED: May 14, 1999
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108
(717) 233-7691
Attorney for Plaintiff
Beckley & Madden
n tUP,
COMMONWEALTH QF PENNSYLVANIA
COUNTY OF: DAurnicv
Mop. Dist. No.:
12-1-04
DJ Name: Nan.
MARSHA C. STEWART
Afton:: 1520 WALNUT STREET
HARRISBURG, PA
relnphona: (717 233-1220 17103
.v BECKLEY & MADDEN
212 NORTH 3RD ST.
P.O. BOX 11998
HARRISBURG, PA 17108
NOTICE OF JQbGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rBECRLEY & MADDEN
212 NORTH 3RD ST.
P.O. BOX 11998
LHARRISBURG, PA 17108 J
VS.
DEFENDANT: NAME and ADDRESS
rRICHARD KELLER, ET AL.
2703 COLUMBIA AVE.
CAMP HILL, PA 17011
L
i J
Docket No.: CV-0000026-99 L
nk
Date Filed: 1/08/99 a-&
THIS IS TO NOTIFY YOU THAT:
'- Judgment: - FnR DT 1f T1iTIP FF -
0 Judgment was entered for: (Name) r;arxr FV Z MAnnrm
O Judgment was entered against: (Name) LsnTn trsr r FF
in the amount of $ 4, n7a _ ca n on: (Date of Judgment) 9/1 A 199
D Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
El Levy is stayed for days or F-1 generally stayed.
Amount of Judgment
Judgment Costs
Interest on Judgment
Attornev Fees
Post Judgment Credits
Post Judgment Costs
Judgment Total $
n Obiection to levy has been filed and hearing will be held:
u -
Datr_- - -- Place. -- -
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUS7IINNC DE A COPY OF THIS NO 16E f?J DGM RIPT FORM WITH YOUR NOTICE OF APPEAL.
All " Date X?1?k , District Justice
I c Ify at this is a an ccorWtrue c4r of the proceedings containing the judgment.
117
? Date / District Justice
My commission expires first Monday of January, 2000 SEAL.
(Date & Time)
AOPC 315-96
CERIIEICATE OF SERVICE
1, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the persons and in the manner indicated
below:
Lydia Keller
2703 Columbia Avenue
Camp Hill, Pennsylvania 17011
G. Patrick O'Conner, Esquire
3105 Old Gettysburg Road
Camp Hill, Pennsylvania 17011-7208
DATED: May 14, 1999 /
Thomas S. Beckley, Esquire
OFFICES OF
PROTHONOTARY
Stephen E. Farina
Prothonotary
Front & Market Streets
Harrisburg, PA 17101
(717) 255-2697
(t 0untg of Pauphin
NOTICE OF NO APPEAL
District Justice
Docket Number:
co--gg
Plaintiff
VS.
z
Defendant
As of /0"' A District Justice appeal has not been filed in
the Court of Common Pleas of Dauphin County in the above captioned matter.
a. (f
Stephe t?E. Farina, Prothonotary
By D ?uty
Proth. - 75
BECKLEY & MADDEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
V.
LYDIA KELLER,
Defendant
CIVIL ACTION - LAW
NO.
NOTICE OF ENTRY OF JUDGMENT
You are hereby notified that on May -4-1 1999, the attached judgment was
entered against you in the above-captioned case.
Judgment in favor of Plaintiff, Beckley & Madden, and against Defendant, Lydia
Keller, in the amount of $4,073.99, plus interest in the amount of $59.36 and costs in the
amount of $164.25.
DATED: May -14-1 1999
I certify that the name and address r Qson to receive this notice
Lydia Keller
2703 Columbia Avenue
Camp Hill, Pennsylvania 17011
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108
(717) 233-7691
Attorney for Plaintiff
Beckley & Madden
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
BECHLEY & MADDEN, ( X ) Other
Plaintiff] `
File No.
VS. Amount Due $4,073.99
Interest $ 59.36
LYDIA I03S.,2,
Defendant Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Ctmberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
Mercury SGS Autambile; License BCL2607; VrN# 1MECM55UXLG645100
Autambile should be located at Defendant's ham - 2703 Columbia Avenue, Camp Hill, PA
17011
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date Signature:
Print Name: Thomas S. Beckley
Address: 212 N. Third St.. P.O. Box 11998
Harrisburg, PA 17108
Attorney for: Beckley & Madden
Telephone: (717) 233-7691
Supreme Court ID No.: 77040
(over)
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BECKLEY & MADDEN,
Plaintiff
V.
LYDIA KELLER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 99-3033
PLAINTIFF BECKLEY & MADDEN'S ANSWER TO
DEFENDANT LYDIA KELLER'S PETITION TO OPEN
AND/OR STRIKE JUDGMENT AND STAY EXECUTION
AND NOW comes the Plaintiff/Respondent, Beckley & Madden, who, by and
through its attorney, Thomas S. Beckley, Esquire, files this Answer to
Defendant/Petitioner's Petition to Open and/or Strike Judgment and to Stay Execution,
and avers as follows:
1. Denied as stated. On May 19, 1999, Beckley & Madden filed a Praecipe for
the Entry of Judgment with the Prothonotary's office. The Prothonotary's office entered
the judgment against the Defendant on the same day. The judgment was based upon a
judgment which Beckley & Madden obtained against the Defendant before District
Justice Marsha Stewart and which the Defendant failed to appeal in a timely manner.
2. Denied as stated. On May 19, 1999, Beckley & Madden filed a Praecipe for
Writ of Execution. On May 25, 1999, the Sheriff of Cumberland County served the Writ
of Execution on the Defendant and a levy was made on that same day.
3. After reasonable investigation, Beckley & Madden is without information or
knowledge sufficient to form a belief as to the matters asserted in Paragraph 3 of
Defendant's Petition. Consequently, such allegations are specifically denied. To the
extent a response is deemed necessary, the allegations contained in Paragraph 3 of
Defendant's Petition constitute a legal conclusion to which no response is necessary.
(a) Admitted.
(b) Admitted to the extent that "that proceeding" refers only to the hearing
conducted before District Justice Stewart. By way of further response, Lydia Keller has
not appealed the decision of District Justice Stewart. However, Richard Keller filed a
Notice of Appeal from the District Justice's decision. Plaintiffs counsel has received
correspondence from an attorney purporting to represent Mr. Keller in his appeal. After
reasonable investigation, Plaintiff is without knowledge as to the extent Mr. Keller is
being represented by counsel in his appeal.
(c) Denied at stated. District Justice Stewart entered a judgment in favor
of Beckley & Madden and against the Defendant Lydia Keller. District Justice Stewart
entered a separate judgment in favor of Beckley & Madden and against Richard Keller. It
is admitted that Exhibits B and C to Defendant's Petition are copies of the judgments
entered by District Justice Stewart.
(d) The allegations of paragraph 3(d) of Defendant's Petition constitute a
legal conclusion to which no response is necessary. To the extent a response is deemed
necessary, it is admitted that Richard Keller filed a Notice of Appeal from the Judgment
entered against him by District Justice Stewart in the Court of Common Pleas of Dauphin
County on or about March 5, 1999. It is specifically denied that Lydia Keller filed an
appeal. To the contrary, Lydia Keller has not filed an appeal from the District Justice's
decision. District Justice Stewart certified the judgment against Lydia Keller (indicating
that no appeal had been filed), and the Prothonotary of Dauphin County signed an
2
Affidavit of No Appeal indicating that Lydia Keller did not appeal the judgment against
her. True and correct copies of these documents are incorporated herein, made a part
hereof and attached hereto as Exhibit A.
(e) Admitted.
(f) Admitted.
(g) Admitted.
(h) The averments contained in paragraph 3(h) constitute a legal
conclusion to which no response is necessary. To the extent a response is deemed
necessary, any payments made or credited to Defendant in this action may be asserted as
an afl,nnative defense in the action in Dauphin County.
(i) The averments contained in paragraph 3(i) constitute a legal conclusion
to which no response is necessary To the extent a response is deemed necessary, the
judgment against Lydia Keller has been properly entered against her. The averments
contained in paragraph 3(d) are hereby incorporated into this paragraph.
3
WHEREFORE, Plaintiff, Beckley & Madden, respectfully requests the Court to
dismiss Defendant/Petitioner's Petition to Open and/or Strike Judgment and to Stay
Execution, and to lift the stay currently pending on Plaintiff's execution procedures.
DATED: June 16, 1999 Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 North Third Street Thomas S. Beckley, Esquire
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998 Attorney for Plaintiff
(717) 233-7691 Beckley & Madden
4
1, Thomas A. Beckley, hereby state that I am an adult individual, that I am
authorized to make this statement on behalf of Beckley & Madden, that I have read the
foregoing document and that the facts set forth in the foregoing document are true 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 unsworn falsification to
authorities.
EXHIBIT A
4'•• JJ.
COMMONWEALTH OF PENNSYLVANIA
Mag. Dist
UI.: a,nV&n.L"
12-1-04
DJ Name: Hon.
MARSHA C. STEWART
Accrue: 1520 WALNUT STREET
HARRISBURG, PA
17103
ATTORNEY FOR PLAINTIFF
THOMAS S. BECKLEY
212 N. 3RD STREET
P. O. BOX 11998
HARRISBURG, PA 17108
® Judgment was entered for: (Name) imt=.Em c mnnngm
® Judgment was entered against: (Name) r.YDTA imT.T.RR
THIS IS TO NOTIFY YOU THAT:
Judgment: 1- FOR PLA=TFR
in the amount of $ 4„ n7z - qq on:
? Defendants are jointly and severally liable.
El Damages will be assessed on:
? This case dismissed without prejudice.
I Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or O generally stayed.
Objection to levy has been filed and hearing will be held:
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rBECXLEY A MADDEN
212 NORTH 3RD ST.
P.O. BOX 11998
LHARRISBURG, PA 17108 J
VS.
DEFENDANT: NAMEandADDRESS .
rRICHARD KELLER, ET AL.
2703 COLUMBIA AVE.
CAMP HILL, PA 17011
L J
Docket No.: CV-0000026-99
Date Filed: 1/08/99
(Date of Judgment) 9. 1 R/qq
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certif led Judgment Total
I
Date: Place:
Time:
I
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. DUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date District Justice
i _
Ica ify t Vat this is a true and correct of the re of the proceedings containing the judgment.
Date District Justice
My commission expires first Monday of January, 2000 SEAT
AOPC 315.96
OFFICES OF
PROTHONOTARY
Stephen E. Farina
Prothonotary
Front & Market Streets
Harrisburg, PA 17101
(717) 255-2697
NOTICE OF NO APPEAL
?70 a?
Plaintiff
vs.
9
Defendant
District Justice
Docket Number:
As of C A District Justice appeal has not been filed in
the Court of Common Pleas of Dauphin County in the above captioned matter.
Step eti E. Farina, Prothonotary
By D uty
Proth.- 75
(90urtty a#'BRUF4itt
CERTIFICATE. OF SFRVICF
1, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE. BY FIRST CLASS MATT,
William J. Fulton, Esquire
106 Walnut Street
Harrisburg, PA 17101
DATED: June 16, 1999
Thomas S. Beckley, Esquire
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"fq'1YN011A'YLM?YtY161T'p NM61N[I.' "UIY$lw
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Nla
Sheri ffs Costs:
^n Docketing 18.00
I= Poundage 1.13
Advertising 1
Law Library .50
Prothonotary 1.00
Mileage 9.30
Misc.
Surcharge 8.00
Levy 20.00
Post Pone Sale
Garnishee
Advance Costs: 150.00
Sheriff's Costs: 57.93
--7T-.07-
Refunded to Atty on 6/27/02
-4
Sworn and Subscribed to before me
w
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So Answer • w
this 9 (?--day of a / -
2002 A.D. c Q. , ?°`}
prothonotary
R. Thomas Kline, Sheriff
Byo? c) j t N `? &LQ.c.??d /
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 99-3033
COUNTY OF CUMBERLAND) CIVIL 19 _
TO THE SHERIFF OF CUMBERLAND CIVIL ACTION - LAW
COUNTY:
To satisfy the debt, interest and costs due Beckley & Madden
from Lydia Keller, 2703 Columbia Ave., PLAINTIFF(S)
Camp Hill PA ].7011.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Mercury SGS automobile
License BCL2607; VIN #1MECM55UXLG645100. Automobile should be located at
above residence.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
L.L.
Due Prothy_
Other Costs
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinthepossession ofanyoneother
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due S4 , 073. 99
Interest $59.36
Ally's Comm
Ally Paid
Plaintiff P
$31.75
Date: May 19, 1999
GARNISHEE(S) as follows:
1.00
Curtis R. Long
by:
REQUESTING PARTY
Name Thomas S. Beckley, Esq.
Address: 212 N. Thrid St. PO Box 1.1998
Harrisburg PA 17108
Attorney for: Plaintiff
Telephone: (717) 233-7691.
Prot ono ry, Civil Divisbn
_ GI NC_ ? p,L
Deputy
Supreme Court ID No. 77040