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HomeMy WebLinkAbout03-3276 03 - d.J7L / / C,ule. ~82..y TANYA KONDRACKI vs. No. 97-3424 MECHANICS CHOICE WARRANTY CORP. I, Marianne R. Sutton, Prothonotary ofthe Court of Common Pleas of Berks County, Pennsylvania, do hereby certitY that the above and foregoing pages contain a true copy and correct transcript of the docket entries, which form the whole record. Judgment has been entered and certified in favor of Tanya Kondracki and against Mechanics I Choice Warranty Corp. in the amount of $18,250.73, plus court costs, consisting of the verdict of 7/25/~1 in the amount of $3,020.73, plus court costs and $15,230.00 in attorney's fees. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at Reading, P A, this 3rd day of July A.D. 2003. ~ or" -~ Marianne R. Sutton, Prothonotary '7/03/2003 97 03424 PAGE: PTR350 PTBCAMPB 1 Berks County Civil Court Inf..q.~~at~.'on System COMPLETE DOCKET SUMMARv'" RT ~;1,\ . Co ~ (, '. ,'1" 11_ N.~>)jTJt<l"", ~ QiJ. '. ~?f.lQ' 0",__ "??-~ !hl" 0. I: APpellan~~~~ ~~ 'or ,~~ ~yo, Of~O' ~ ~... Cb. ./ /'0 ~ I.llt ~. '7()",. ~ "()~ " 0. t~,)!;,.. 't j, e. " =Oil!'! .' iJ";':f Deft. KONDRACKI, TANYA, Appellee *** VS *** MECHANICS CHOICE WARRANTY CORP, DOCKET NUMBER: 97 03424 INITIAL ACTION TYPE: Misc. case/ Civ.Appeal INITIAL ASSIGNED JUDGE: Albert A. Stallone, OLD SYSTEM CASE#: ***** ** ** ** ** DATE 4/10/1997 4/10/1997 4/15/1997 6/11/1997 7/09/1997 7/10/1997 7/16/1997 8/01/1997 11/23/1998 11/30/1998 2/03/1999 2/12/1999 2/16/1999 2/16/1999 2/17/1999 2/26/1999 3/02/1999 4/14/1999 4/15/1999 4/20/1999 4/26/1999 5/05/1999 5/17/1999 5/18/1999 5/18/1999 5/26/1999 5/26/1999 5/27/1999 P.J. DOCKET SUMMARY 02:15PM civil Appeal from Dist. Justice Judgment by with Copy of Notice of Judgment/Transcript. Praecipe for Rule to File Complaint and Rule Proof of Service of Notice of Appeal & Rule to File Compl. upon Tanya Kondracki on 4/14/97 by Certified Mail. 01:19PM Civil Action-COMPLAINT, Counts I & II, in an amount equal to the purchase price of the subject vehicle, Count III, in an amount equal to 3 times the purchase price of the subject vehicle, Counts I - III, plus all available collateral charges and attorney fees. Deft's Answer and New Matter w/Notice to Plead Proof of Svc. of Answer and New Matter of Deft., Mechanics' Choice Warranty Corp. Pltf's Response to New Matter with Certificate of Service. Proof of Service of Deft's Interrogs. & Request for Prod. Cert. of Readiness for Arbitration - 1/2 DAY Arbitration hearing set for 2/16/99 @ 9:30 AM Notices sent Defendant's Pre-Arbitration Memorandum w/Proof of Service. Plaintiff's Arbitration Memorandum of Law. 12:14PM Arbitration Award against Mechanics Choice Warranty Corp. - $7,000.00. Notice of Award sent on 2/18/99 Order for payment of Arbitrators in the sum of $450.00 Deft's Arbitration Brief Appeal by Defendant from Award of Arbitrators. Arbitration Fee in the sum of $450.00 paid by Appellant and entered to Cost Book Vol 52, Page 55. Copy of Appeal mailed to counsel of record by first class mail on 2/26/99 - JURY TRIAL DEMANDED. Order of 3/2/99 for Pretrial on 4/21/99 @ 2:15 pm & Jury Selection on 6/1/99 @ 9:30am Notices/Copies sent 3/4/99 Deft's Pretrial Conference Memorandum. Pltf's Arbitration memorandum of Law w/Cert. of Svc. Proof of Svc. of Deft's Pretrial Conference Memorandum. Pretrial Conference Order of 4/21/99 Jury Selection is set for 6/1/99 @ 9:30 AM Notices/Copies sent 4/26/99 Deft's Motion in Limine to Exclude Testimony of Keith Groh w/Brief in Support of Motion, Prop. Order & Certs of Svc Deft's Trial Brief. Proof of Svc. of Deft's Trial Brief upon Pltf's Atty.Michael Power, Esq. Proof of Svc. of Deft's Proposed Jury Instructions upon Pltf's Atty. Michael Power, Esq. Deft's Proposed Jury Instructions. Deft's Agreed Upon Proposed Jury Instructions. Plaintiff's Trial Brief w/Cert. of Svc. 7/03/2003 97 03424 DATE 5/27/1999 5/27/1999 5/27/1999 5/27/1999 6/01/1999 6/02/1999 6/07/1999 6/11/1999 6/28/1999 6/29/1999 7/01/1999 7/01/1999 7/01/1999 7/01/1999 7/02/1999 7/02/1999 7/02/1999 7/26/1999 7/26/1999 8/05/1999 10/08/1999 10/25/1999 10/26/1999 11/12/1999 12/06/1999 12/21/1999 Berks County Ci vil coul!:'i\'#a:P.(,F'J'll'}t,;W~"~d _.I. ,fl}.G~: l- COMPLETE DOCKETS.,~ REf/6RT t.-/' v; M~R~r; ;,:i:;nil'lec! tl11s '3 ~ day of ~~lTB~3 ~ MAR, /:?i IANN,E R. SUTTON VP1'""'UI.C.A4:0:~f'l'=", ' /~'ft ~ ~~L-.. '..n I','''''. ." ~~i~~~ ~=~~o Withdraw l~;~ed ulc:n pr;;r: Jury Instr!?c~P;'kr;i tions Submitted by Defendant (filed on 5/26/99) . Deft's Amended Proposed Jury Instructions. Pltf's Joint Proposed Jury Instructions. p1tf's Proposed Jury Instructions. Jury Selection held - Juror List. Trial to begin on 6/28/99. Attachment Order of 6/1/99 for Trial on 6/28/99 @ 9:30 AM. Copies & notice sent on 6/3/99. Deft's OBJECTIONS to Pltf's Proposed Jury Instructions. Proof of Svc. of Deft's Objections to Pltf's Proposed Jury Instructions. 03:50PM Jury Verdict of 6/28/99 for Tanya Kondracki and against Mechanic's Choice Warranty Corp. - $3,782.16, plus court costs. Deft's Brief RE: Evidentiary Issues. Pltf's OBJECTIONS to Deft's Proposed Jury Instructions w/Svc Pltf's Supplemental Trial Brief w/Cert. of Svc. Pltf's Memorandum of Law in Support of Liability Purs.to The Unfair Trade Practices and Consumer Protection Law w/Svc. Pltf's Brief in Support of Award of Attys' Fees and All Court Costs & prop. Order w/Cert. of Svc. Deft's Brief in Opposition to pltf's Claim for Attys' Fees Under Magnuson-Moss Warranty Act Deft's Brief in Opposition to Pltf's Claim for Treble Damages under the Unfair Trade Practices and Consumer Protection Law Proof of Svc of Deft's Brief Re Evidentiary Issues 02:01PM Molded Verdict of 7/26/99 in favor of Tanya Kondracki & against Mechanic's Choice warranty Corp. in the amount of $12,682.16 plus court costs, consisting of the verdict of $3,782.16 plus court costs & $8,900.00 in attorney's fees. Copies & Notices sent on 7/26/99 02:01PM Molded Verdict of 7/26/99 in favor of Mechanic's Choice Warrancy Corp. & against Tanya Kondracki on her claim for damages under the PA Unfair Trade Practices & Consumer Protection Law. Copies & Notices sent 7/26/99 Mechanics' Choice Warranty Corp.'s Motion for Judgment notwithstanding the Verdict or, in the Alternative, for a New Trial w/Proposed Orders & Cert of Service Order of 10/8/99 Oral Argument scheduled for 11/1/99 on Deft's Motion for Post-Trial Relief. Parties shall file briefs no later than 10/25/99. Copies & Notice 10/8/99 Deft's Brief in Support of Motion for Judgment Notwith- standing the Verdict or, in the Alternative, for a New Trial with Certification of Service pltf's Brief in Opposition to Deft's for Judgement Notwith- standing The Verdict or, in the Alternative, for a New Trial. Order of 11/12/99 Argument on 11/1/99 is cont. to 12/6/99 RE: Deft's Motion for Post Trial Relief Notices and Copies sent 11/12/99 Order to be filed per Stallone, J. Pltf's Supplemental Brief in Opposition to Deft's Motion for Judgment Notwithstanding the Verdict or, in the Alterna- 7/03/2003 97 03424 DATE 2/11/2000 3/01/2000 3/01/2000 3/06/2000 3/06/2000 3/09/2000 3/10/2000 3/15/2000 3/24/2000 3/28/2000 6/09/2000 7/03/2000 4/10/2001 4/10/2001 4/17/2001 5/18/2001 7/17/2001 7/17/2001 7/17/2001 7/18/2001 7/23/2001 7/23/2001 7/24/2001 7/25/2001 8/06/2001 Berks County Civil Cour.::-,,~m;,~fI1f't~n..sYst~__... -.I. P.A~~ 3 COMPLETE DOCKET ~~Y. RE~ttT~rtJCUfU fJ~ a,~~ait:;"" ", urul:cd this ~ day of .i;~.? MARIANNE R. Sun-ON - "," '<"7~U-~4r~ iC'_'JOr:(J~';~~ DOCKET SUMMARY ....,t."."..<_< "'''' __ 1',,,>,-. / ...-_.....\;;;:III....)Il.,j;" tive, for a New Trial w/Cert. 0 Svc. Order of 2/11/00 Denying Deft's Motion for Post Trial Relief Copies and Notice Sent 2/11/00 04:11PM Judgment on Verdict against Mechanics' Choice Warranty Corp. in the amount of $12,682.16 plus costs. Copies and Notices sent on 3/3/00 Certification of Service of Praecipe for Judgment on Verdict Deft's Notice of Appeal to Superior Court from Order of 2/11/00. Docket entries, Proof of Service. Copies sent to Superior Court by Certified mail on 3/6/00. Mechanics Choice Warranty Corp's Order for Transcription of entire Trial proceedings on 6/28/99 w/Prop. Order Court Order of 3/8/00 authorizing Deft's request for trans- cription of the entire trial proceedings (excluding Jury selection). Copies sent 3/10/00 Order dated 3/10/00 Appellant to file a concise statement of Matters Complained of on Appeal within 14 days of the issuance of this Order. Copies and Notice sent 3/10/00 Mechanics' Choice Statement of Matters Complained of on Appeal wiht Certificate of Service Notice of Lodging Transcript of Record of Jury Trial Trans- cript, 6/28/99 and 6/29/99. -Transcription of Jury Trial Transcript, 6/28/99 and 6/29/99 - LODGED Notice of Appeal Docketing in Superior Court No.653 MDA 2000 Memorandum Opinion dated 06/09/2000. Certified Copy of Memo Opinion & Notice issued on 06/09/2000. Re: Appeal to Superior Court. Transmittal of record to Superior Court by Certified Mail Copy of Memorandum filed in Superior Court on 3/2/01 - Berks decision is REVERSED and Case REMANDED for New Trial. Entire Record Returned from Superior Court. Order of 4/16/01 scheduling PreTrial for 5/18/01 and Jury Selection for 7/24/01 w/Trial to immediately follow. Copies and Notice sent 4/17/01 PreTrial Order of 5/18/01 scheduling Jury Select for 7/24/01 signed Lash, J. Copies and Notice sent 5/21/01 Deft.Mechanics Choice's Motion in Limine to Exclude or Limit Testimony of Keith Groh, prop. Order & Brief. Deft.Mechanics Choice's Motion in Limine to Exclude Testi- mony of Keith Magagna, prop. Order & Brief. Plaintiff Kondracki's Trial Brief w/Cert. of Svc. Deft's Trial Brief Deft.Mechanics Choice Warranty Corp's Subpoena to Attent and Testify to Chris Zorbas, Penn Diagnostic Center. w/Return of Service endorsed on back. Deft.Mechanics Choice'S Proposed Amendment to Alleged Facts to be Read to the Jury Venire by the Court Prior to Se- lection of the Jury Panel. -Deft's Proposed Jury Instructions. -Deft's OBJECTIONS to Pltf's Proposed Jury Instructions. Case called for Jury Trial, Testimony Taken. @ 4:20 PM - Verdict Slip. Pltf's Motion for an Award of Attorney's Fees and All Court 7/03/.2003 97 03424 DATE 8/06/2001 8/07/2001 8/22/2001 8/22/2001 8/23/2001 8/23/2001 9/06/2001 9/12/2001 9/24/2001 9/25/2001 10/18/2001 10/18/2001 10/22/2001 10/24/2001 11/02/2001 11/05/2001 1/15/2002 1/17/2002 Berks County Civil Court ~~~t~ystem PAGE: 4 COMPLETE DOCKET S~~~EP, Ihe record ofi4i~ul' l.~..J, ':0 fhj82.:::.daYOf~ c?z02 .... MARIANNE R --~- - - ~ ".--M"'~~1PE~ -,e'c- . DOCKET SUMMARY ~-(.tL.. t([~ ....\,. " Costs w/Cert of Service, prop'o~ed" rd~ a . r--j.1;l.."..__..~.. r:,~','". Support of Motion Pltf's Motion for an Award of Treble Damages Pursuant to the pa Unfair Trade Practice and Consumer Protection plan w/Cert of Service, Proposed Order and Memo of Law in Support of Motion Order of 8/7/01 scheduling hrg for 8/23/01 on Pltf's Mtn for Award of Treble Damages & Mtn for Award of Atty Fees & All Court Costs. signed Lash, J. Copies/Notice 8/8/01 Deft. Mechanics' Choice Warranty Corp's Answer to Pltf's Mo- tion for an Award of Treble Damages, prop.Order & Brief. Deft's Answer to Pltf's Motion for an Award of Atty's Fees & All Court Costs, prop.Order & Brief. 02:34PM Molded Verdict of 8/23/01 in favor of Tanya Kondracki and against Mechanic's Choice warranty Corp. in the amount of $18,250.73, plus Court costs, consisting of the verdict of the jury entered on 7/25/01 in the amount of $3,020.73, plus Court costs and $15,230.00 in atty's fees. Copies and Notices sent 8/23/01 02:34PM Molded Verdict of 8/23/01 in favor of Mechanics' Choice Warranty Corp. and against Tanya Kondracki on her claim for damages under the PA Unfair Trade Practices and Consumer Protection Law, Title 73. Copies and Notices sent 8/23/01 Deft's Motion for Judgment Notwithstanding the Verdict or, in the Alternative, For a New Trial w/Prop. Orders Order of 9/12/01 Deft's Mtn for Jdgmt Notwithstanding the Verdict or in alternative for New Trial - Arg scheduled for 9/24/01, signed Lash, J. Copies & Notice 9/12/01 Argument held, Motion denied. Order of 9/24/01 re: Arg 9/24/01. Deft's Mtn for Judgment Notwithstanding Verdict or in alternative for New Trial is DENIED. signed Lash, J. Copies & Notice sent 9/26/01 10:44AM Judgment on Verdict against Mechanics' Choice Warranty Corp. in the amount of $18,250.73 plus court costs, consisting of the verdict of 7/25/01 in the amount of $3,020.73, plus court costs & $15,230.00 in attorney's fees. Copies and Notices sent 10/22/01 Certificate of Service of Praecipe for Judgment on Verdict Appeal by Mechanics' Choice Warranty Corp., defendant to the Superior Court of Pennsylvania from order entered in this matter on 09/24/2001 together with docket entries and Proof of Service of Appeal. Copy of Appeal mailed to the Superior Court of Pennsylvania on 10/23/2001. Order of 10/24/01 - Appellant has 14 days to File a Concise Statement of Matters Complained of on Appeal. Copies & Notice sent 10/25/01 Statement of Matters Complained of on Appeal w/Cert.of Svc. Notice of Docketing Appeal in Superior Ct to #1675 MDA 2001 Deft, Mechanics' Choice Warranty Corp's Order for Transcription of Proceedings From 7/25/01 w/Prop. Court Order of Authorization Order of 1/17/02 Authorizing Transcription of Proceedings From 7/25/01 - Copies and Notice Sent 1/18/02 '1/03/.2003 97 03424 DATE 1/28/2002 3/15/2002 3/15/2002 3/18/2002 3/07/2003 3/07/2003 4/14/2003 Berks County civil Court Information System COMPLETE DOCKET SUMMARY REPORT PAGE: 5 PTR350 PTBCAMPB DOCKET SUMMARY Notices (3) of Lodging Transcript of Record -Transcription of Notes of Testimony on 7/25/01 - LODGED Memorandum Opinion dated 03/15/02. Certified Copy of Memo Opinion & Notice sent 03/18/02. Re: Appeal to Superior Court. Transcription of Notes of Testimony on 7/25/01 - FILED Transmittal of record to Superior Court by Certified Mail Copy of Memorandum filed in Superior Court dated 1/27/03 - Berks Co decision AFFIRMED. Entire Record Returned from Superior Court. Exemplified Judgment to Cumberland Co, PA on Judgment on Verdict filed 10/18/01 PLAINTIFF{S) : KONDRACKI, TANYA *Appellee ATTORNEY: Power, Michael 02 03 04 05 06 07 08 09 10 DEFENDANT (S) : MECHANICS CHOICE WARRANTY CORP *Appellant OTHER (S) : ATTORNEY: Miller, Bradley Davis 01 02 03 04 05 06 07 08 09 10 ATTORNEY: Extract from the record of 88Jd Courl Certified thJa...i...'::tlsy of ~ 3 MARIANNE R. SUTTON f" 'r""" "')X'","v _ r~f ,)t\',~):'i,: ...~( /~d~~~~-:-::._ Der:"J~ .7/03/03 97 03424 Berks County Civil Court Information System CASE COSTS SUMMARY REPORT PAGE: PTR353 KONDRACKI, TANYA, Appellee *** VS *** MECHANICS CHOICE WARRANTY CORP, Appellant DOCKET NUMBER: 97 03424 INITIAL ACTION TYPE: Misc. case/ Civ.Appeal INITIAL ASSIGNED JUDGE: Albert A. Stallone, P.J. OLD SYSTEM CASE#: ***** ** ** ** ** DATE AMOUNT P/D/R COMMENTS SHEET BOOK PAGE 4/10/1997 60.25 PAID APPEAL 11/23/1998 15.00 PAID POWER PAID ARB. FEE 2/26/1999 15.00 PAID ARBITRATION APPEAL- DEFT 2/26/1999 450.00 PAID ARBITRATORS FEES 52 55 3/06/2000 47.50 PAID APPEAL SUPERIOR CT-MILLER 3/06/2000 55.00 PAID SUPERIOR CT FEE-MILLER 3/06/2000 330.00 PAID DEFT'S TRANSCRIPT REQUEST 6/20/2000 108.75 PAID BAL. OF TRANS. FEE-MILLER 3/01/2000 14.25 PAID JUDGMENT - DEFT 10/22/2001 47.50 PAID APPEAL/SUPERIOR CT-MILLER 1/15/2002 170.00 PAID 1/2 TRANS. FEE- MILLER 2/25/2002 189.00 PAID PLTF PD - COPY OF TRANS. 3/28/2002 255.25 PAID BAL TRANS FEE - MILLER 10/18/2001 14.25 PAID JUDGMENT-MILLER PD. 4/14/2003 17.75 PAID EXMPLIFIED-CUMBERLAND CO EJrtraat from 1tIeJeG'Ol"d of said COl,ir~ CsrUfled this -3 - day oJ", ~..d MARIANNE A. SlITTON ....,.",'''I\!'';..''l',:.~v fl. ~.,jl~,....., ~c",....,' . //~~~ De.P~ity /' /., U . .,- . . . . POWER & ASSOCIATES, p.e. Attorneys at Law THE SPEAKMAN HOUSE 117 WILMINGI'ON PIKE, SUITE 200 GLEN MILLS, PA 19342 MICHAEL D. POWER THOMAS E KLOSINSKI (610) 558.6220 FAX (610) 558-7861 ONE GREENTREE CENTRE SUITE 201 MARLTON. NJ 08053 (856) 616-0086 June 24, 2003 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Transfer of Judgement Tanya Kondracki v. Mechanics Choice warranty Corp. Berks County, C.C.P., No. 97-3424 Dear Sir or Madam: Pursuant to P.R.C.P. 3002, kindly transfer to Cumberland County the judgement against the defendant the judgement obtained by the plaintiff against the defendant in Berks County. Also kindly index the judgement against the defendant. The defendant conducts business at 3 Sunset Circle, Mechanicsburg, PA 17055. r have enclosed a certified copy of the Berks County docket entries and the Certification of the Amount of the Judgement. I have enclosed a check in the amount of $20.00 to cover the cost of the request. If you have any questions, please feel free to contact me. MIC mpl end.sure CAJ(.)~ ~~1[~ 0" i;:; ~ 0 ("l..ow D ~~~ ~ r t -<.. r r o (_ C.l ? '-oj () , -n ~! .~ ~~ . .) , .:':": ~",' :-.;: 0,) -0:' Michael Power, Esquire Identification No. 48574 Power << Associates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 (610) 558-6220 TANYA KONDRACKI 1751 COTTON STREET READING, PENNSYLVANIA 19606 v. MECHANICS CHOICE WARRANTY CORP. 3 SUNSET CIRCLE PO BOX 7097 MECHANICSBURG, PA 17055 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3276 CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; against Mechanic's Choice -* !iLL p~op~ - AMOUNT DUE INTEREST From October 18, 2001 (Costs to be added) Warranty Corp., defendant. "-coy ~qa(<...JS-r $18,250.73 $ $ ~ Michael ~ Esq. Power & sociates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 610-558-6220 Attorneys for plaintiff .- .t t'. +- 79 p ~ \I=- t ~ ~ c ~ ~ ~, fL-~ C' c.. V l ~-4Q.. . .- VI \) C) CY ;:~ (I -4Q. ~ ~ w o. () ~ ...} "-J . . . . VlCrto8 D c> () I~ ~ ~r ~ flV~ - :. ~ -,\<. :p -J o.i-~ V- -0 -=-"LJ f C 1= WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-3276 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TANYA KONDRACKI, Plaintiff (s) From MECHANICS CHOICE WARRANTY CORP., 3 SUNSET CIRCLE, PO BOX 7097, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY AGAINST ALL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fi,llows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is e'\ioined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $18,250.,73 Interest FROM 10118/01 L.L. $.50 Atty's Comm % Atty Paid $37.50 Plaintiff Paid Date: OCTOBER 24, 2003 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonota;r _ Bv: ~Q~'" 2. 7~("~-- Deputy REQUESTING PARTY: Name MICHAEL POWER, ESQUIRE Address: POWER & ASSOCIATES, P.C. 117 WILMINGTON PIKE, SUITE 200 GLEN MILLS, PA 19342 Attorney for: PLAINTIFF Telephone: 610-558-6220 Supreme Court ID No. 48574 Michael Power, Esquire Identification No. 48574 Power & Associates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 (610) 558-6220 Attorney for Plaintiff TANYA KONDRACKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MECHANICS CHOICE WARRANTY CORP. NO. 03-3276 CIVIL ACTION-LAW MOTION FOR ORDER AUTHORIZING SHERIFF OF CUMBERLAND COUNTY TO FORCIBLY ENTER DEFENDANT'S BUSINESS PREMISES TO SERVE WRIT OF EXECUTION AND LEVY Plaintiff, Tanya Kondracki, by and through her attorneys, Power & Associates, P.C., hereby moves this Honorable Court for an Order authorizing the Sheriff of Cumberland County to forcibly enter the business premises Of Defendant to serve the Writ Of Execution issued in this matter and to levy on property and plaintiff states the following in support thereof: 1. On or about July 24, 2001, trial was held in the Court of Common Pleas of Berks County in the matter of Tonva Kondracki v. Mechanic's Choice Warrantv CorDoration, No. 97-3424. See copy of Berk's County docket attached hereto as Exhibit "AU. 2. After a two day jury trial, the jury returned a verdict in favor of plaintiff. See Exhibit "AU. 3. On or about xxx, the trial Court entered a molded judgement in favor of plaintiff and against defendant in the amount of $18,250.73. 4. On or about June 24, 2003, the Berks County judgement was transferred to Cumberland County. See Exhibit "B" attached hereto. 5. On or about October 13, 2003, Plaintiff filed a Praecipe For Writ Of Execution with the Prothonotary of Cumberland County. See Exhibit "c" attached hereto. 6. On or about, October 24, 2003, the writ of Execution was delivered to the Sheriff of Cumberland County (Sheriff's Office") for service of the Writ and to levy against defendant's property located at 3 Sunset Circle, Mechanicsburg, PA. 7. The Sheriff's Office has been unable to serve the Writ Of Execution or levy on property of the defendant as stated in more detail below. 8. Counsel for plaintiff, Michael Power, Esq., has contacted the Sheriff's Office regarding the failure to serve the Writ Of Execution and the levy. Mr. Power spoke to "Claudia" of the Sheriff's office. Claudia informed Mr. Power that: -The Sheriff's Office has made approximately seventeen (17) separate attempts to serve the Writ of Execution on defendant at Defendant's business premises located at 3 Sunset Circle, Mechanicburg, PA.; -On each occasion that a deputy has appeared at defendant's premises, defendant has failed to, and refused to, open the locked door to defendant's place of business. -During the unsuccessful service attempts, the Sheriff's deputies have looked through the defendant's windows and have seen individuals working inside defendant's business premises and these individuals have refused to unlock the door to the premises and allow the deputy to gain access to the premises to serve the Writ of Execution; -The Sheriff's office has contacted the defendant by telephone on several occasions and defendant's employees have "hung up" when informed that the Sheriff's office was calling to discuss service of the Writ of Execution; -The Sheriff's Office has stated has stated that it will not forcibly enter a business premisses to serve a Writ of Execution without a Court Order. See affidavit of Michael Power, Esq. Attached hereto as Exhibit "D". 9. The defendant is purposefully avoiding service of the Writ of Execution by refusing access to its business premises despite employees being present. 10. In order to have the Writ Of Execution served on defendant, the Sheriff's Office will require a Court Order allowing the Sheriff's Office to forcibly enter defendant's business premises. WHEREFORE, it is respectfully requested that this Honorable Court enter the attached order granting the Sheriff of Cumberland County authority to forcibly enter the business premises of defendant in order to serve the Writ Of Execution and to Michael powe;;'. Power & As cj 11 7 Wilmingy6 Glen Mills, PA 610-558-6220 Attorneys for plaintiff / ~/P.C. Pike, Suite 19342 200 the property found therein. 4/17/20'03 97" 03424. . Berks County Civil Court Information System COMPLETE DOCKET SUMMARY REPORT KONDRACKI, TANYA, Appellee *** VS *** MECHANICS CHOICE WARRANTY CORP, Appellant DOCKET NUMBER: 97 03424 INITIAL ACTION TYPE: Misc. case/ Civ.Appeal INITIAL ASSIGNED JUDGE: Albert A. Stallone, P.J. OLD SYSTEM CASE#: ***** ** ** ** ** DATE 4/10/1997 4/10/1997 4/15/1997 6/11/1997 7/09/1997 7/10/1997 7/16/1997 8/01/1997 11/23/1998 11/30/1998 2/03/1999 2/12/1999 2/16/1999 2/16/1999 2/17/1999 2/26/1999 3/02/1999 4/14/1999 4/15/1999 4/20/1999 4/26/1999 5/05/1999 5/17/1999 5/18/1999 5/18/1999 5/26/1999 5/26/1999 5/27/1999 PAGE: 1 PTR350 PTBCAMPB DOCKET SUMMARY 02:15PM Civil Appeal from Dist. Justice Judgment by Deft. with Copy of Notice of Judgment/Transcript. Praecipe for Rule to File Complaint and Rule Proof of Service of Notice of Appeal & Rule to File Compl. upon Tanya Kondracki on 4/14/97 by Certified Mail. 01:19PM Civil Action-COMPLAINT, Counts I & II, in an amount equal to the purchase price of the subject vehicle, Count III, in an amount equal to 3 times the purchase price of the subject vehicle, Counts I - III, plus all available collateral charges and attorney fees. Deft's Answer and New Matter w/Notice to Plead Proof of Svc. of Answer and New Matter of Deft., Mechanics' Choice Warranty Corp. Pltf's Response to New Matter with Certificate of Service. Proof of Service of Deft's Interrogs. & Request for Prod. Cert. of Readiness for Arbitration - 1/2 DAY Arbitration hearing set for 2/16/99 @ 9:30 AM Notices sent Defendant's Pre-Arbitration Memorandum w/Proof of Service. Plaintiff's Arbitration Memorandum of Law. 12:14PM Arbitration Award against Mechanics Choice Warranty Corp. - $7,000.00. Notice of Award sent on 2/18/99 Order for payment of Arbitrators in the sum of $450.00 Deft's Arbitration Brief Appeal by Defendant from Award of Arbitrators. Arbitration Fee in the sum of $450.00 paid by Appellant and entered to Cost Book Vol 52, Page 55. Copy of Appeal mailed to counsel of record by first class mail on 2/26/99 - JURY TRIAL DEMANDED. Order of 3/2/99 for Pretrial on 4/21/99@ 2:15 pm & Jury Selection on 6/1/99 @ 9:30am Notices/Copies sent 3/4/99 Deft's Pretrial Conference Memorandum. Pltf's Arbitration memorandum of Law w/Cert. of Svc. Proof of Svc. of Deft's Pretrial Conference Memorandum. Pretrial Conference Order of 4/21/99 Jury Selection is set for 6/1/99 @ 9:30 AM Notices/Copies sent 4/26/99 Deft's Motion in Limine to Exclude Testimony of Keith Groh w/Brief in Support of Motion, Prop. Order & Certs of Svc Deft's Trial Brief. Proof of Svc. of Deft's Trial Brief upon Pltf's Atty.Michael Power, Esq. Proof of Svc. of Deft's Proposed Jury Instructions upon Pltf's Atty. Michael Power, Esq. Deft's Proposed Jury Instructions. Deft's Agreed Upon Proposed Jury Instructions. Plaintiff's Trial Brief w/Cert. of Svc. I Pi.AIN11f=F'S EX'" , A/17/20b3 97~03424 DATE 5/27/1999 5/27/1999 5/27/1999 5/27/1999 6/01/1999 6/02/1999 6/07/1999 6/11/1999 6/28/1999 6/29/1999 7/01/1999 7/01/1999 7/01/1999 7/01/1999 7/02/1999 7/02/1999 7/02/1999 7/26/1999 7/26/1999 8/05/1999 10/08/1999 10/25/1999 10/26/1999 11/12/1999 12/06/1999 12/21/1999 Berks County Civil Court Information System COMPLETE DOCKET SUMMARY REPORT PAGE: 2 PTR350 PTBCAMPB DOCKET SUMMARY Deft's Praec.to Withdraw Agreed Upon Proposed Jury Instruc- tions Submitted by Defendant (filed on 5/26/99) . Deft's Amended Proposed Jury Instructions. Pltf's Joint Proposed Jury Instructions. Pltf's Proposed Jury Instructions. Jury Selection held - Juror List. Trial to begin on 6/28/99. Attachment Order of 6/1/99 for Trial on 6/28/99 @ 9:30 AM. Copies & notice sent on 6/3/99. Deft's OBJECTIONS to Pltf's Proposed Jury Instructions. Proof of Svc. of Deft's Objections to Pltf's Proposed Jury Instructions. 03:50PM Jury Verdict of 6/28/99 for Tanya Kondracki and against Mechanic'S Choice Warranty Corp. - $3,782.16, plus court costs. Deft's Brief RE: Evidentiary Issues. Pltf's OBJECTIONS to Deft's Proposed Jury Instructions w/Svc Pltf's Supplemental Trial Brief w/Cert. of Svc. Pltf's Memorandum of Law in Support of Liability Purs.to The Unfair Trade Practices and Consumer Protection Law w/Svc. Pltf's Brief in Support of Award of Attys' Fees and All Court Costs & prop. Order w/Cert. of Svc. Deft's Brief in Opposition to Pltf's Claim for Attys' Fees Under Magnuson-Moss Warranty Act Deft's Brief in Opposition to pltf's Claim for Treble Damages under the Unfair Trade Practices and Consumer Protection Law Proof of Svc of Deft's Brief Re Evidentiary Issues 02:01PM Molded Verdict of 7/26/99 in favor of Tanya Kondracki & against Mechanic'S Choice Warranty Corp. in the amount of $12,682.16 plus court costs, consisting of the verdict of $3,782.16 plus court costs & $8,900.00 in attorney's fees. Copies & Notices sent on 7/26/99 02:01PM Molded Verdict of 7/26/99 in favor of Mechanic'S Choice Warrancy Corp. & against Tanya Kondracki on her claim for damages under the PA Unfair Trade Practices & Consumer Protection Law. Copies & Notices sent 7/26/99 Mechanics' Choice Warranty Corp. 's Motion for Judgment notwithstanding the Verdict or, in the Alternative, for a New Trial w/Proposed Orders & Cert of Service Order of 10/8/99 Oral Argument scheduled for 11/1/99 on Deft's Motion for Post-Trial Relief. Parties shall file briefs no later than 10/25/99. Copies & Notice 10/8/99 Deft's Brief in Support of Motion for Judgment Notwith- standing the Verdict or, in the Alternative, for a New Trial with Certification of Service Pltf's Brief in Opposition to Deft's for Judgement Notwith- standing The Verdict or, in the Alternative, for a New Trial. Order of 11/12/99 Argument on 11/1/99 is cont. to 12/6/99 RE: Deft's Motion for Post Trial Relief Notices and Copies sent 11/12/99 Order to be filed per Stallone, J. Pltf's Supplemental Brief in Opposition to Deft's Motion for Judgment Notwithstanding the Verdict or, in the Alterna- 4/17/20'03 97"'03424. DATE 2/11/2000 3/01/2000 3/01/2000 3/06/2000 3/06/2000 3/09/2000 3/10/2000 3/15/2000 3/24/2000 3/28/2000 6/09/2000 7/03/2000 4/10/2001 4/10/2001 4/17/2001 5/18/2001 7/17/2001 7/17/2001 7/17/2001 7/18/2001 7/23/2001 7/23/2001 7/24/2001 7/25/2001 8/06/2001 Berks County Civil Court Information System COMPLETE DOCKET SUMMARY REPORT PAGE: 3 PTR350 PTBCAMPB DOCKET SUMMARY tive, for a New Trial w/Cert. of Svc. Order of 2/11/00 Denying Deft's Motion for Post Trial Relief Copies and Notice Sent 2/11/00 04:11PM Judgment on Verdict against Mechanics' Choice Warranty Corp. in the amount of $12,682.16 plus costs. Copies and Notices sent on 3/3/00 Certification of Service of Praecipe for Judgment on Verdict Deft's Notice of Appeal to Superior Court from Order of 2/11/00. Docket entries, Proof of Service. Copies sent to Superior Court by Certified mail on 3/6/00. Mechanics Choice Warranty Corp's Order for Transcription of entire Trial proceedings on 6/28/99 w/Prop. Order Court Order of 3/8/00 authorizing Deft's request for trans- cription of the entire trial proceedings (excluding Jury selection). Copies sent 3/10/00 Order dated 3/10/00 Appellant to file a concise statement of Matters Complained of on Appeal within 14 days of the issuance of this Order. Copies and Notice sent 3/10/00 Mechanics' Choice Statement of Matters Complained of on Appeal wiht Certificate of Service Notice of LOdging Transcript of Record of Jury Trial Trans- cript, 6/28/99 and 6/29/99. -Transcription of Jury Trial Transcript, 6/28/99 and 6/29/99 - LODGED Notice of Appeal Docketing in Superior Court No.653 MDA 2000 Memorandum Opinion dated 06/09/2000. Certified Copy of Memo Opinion & Notice issued on 06/09/2000. Re: Appeal to Superior Court. Transmittal of record to Superior Court by Certified Mail Copy of Memorandum filed in Superior Court on 3/2/01 - Berks decision is REVERSED and Case REMANDED for New Trial. Entire Record Returned from Superior Court. Order of 4/16/01 scheduling PreTrial for 5/18/01 and Jury Selection for 7/24/01 w/Trial to immediately follow. Copies and Notice sent 4/17/01 PreTrial Order of 5/18/01 scheduling Jury Select for 7/24/01 signed Lash, J. Copies and Notice sent 5/21/01 Deft.Mechanics Choice's Motion in Limine to Exclude or Limit Testimony of Keith Groh, prop. Order & Brief. Deft.Mechanics Choice's Motion in Limine to Exclude Testi- mony of Keith Magagna, prop. Order & Brief. Plaintiff Kondracki's Trial Brief w/Cert. of Svc. Deft's Trial Brief Deft.Mechanics Choice Warranty Corp's Subpoena to Attent and Testify to Chris Zorbas, Penn Diagnostic Center. w/Return of Service endorsed on back. Deft.Mechanics Choice's Proposed Amendment to Alleged Facts to be Read to the Jury Venire by the Court Prior to Se- lection of the Jury Panel. -Deft's Proposed Jury Instructions. -Deft's OBJECTIONS to Pltf's Proposed Jury Instructions. Case called for Jury Trial, Testimony Taken. @ 4:20 PM - Verdict Slip. Pltf's Motion for an Award of Attorney's Fees and All Court 4/~7/20b3 97 '0342l DATE 8/06/2001 8/07/2001 8/22/2001 8/22/2001 8/23/2001 8/23/2001 9/06/2001 9/12/2001 9/24/2001 9/25/2001 10/18/2001 10/18/2001 10/22/2001 10/24/2001 11/02/2001 11/05/2001 1/15/2002 1/17/2002 Berks County Civil Court Information System COMPLETE DOCKET SUMMARY REPORT PAGE: 4 PTR350 PTBCAMPB DOCKET SUMMARY Costs w/Cert of Service, Proposed Order and Brief in Support of Motion Pltf's Motion for an Award of Treble Damages Pursuant to the Pa Unfair Trade Practice and Consumer Protection Plan w/Cert of Service, Proposed Order and Memo of Law in Support of Motion Order of 8/7/01 scheduling hrg for 8/23/01 on Pltf's Mtn for Award of Treble Damages & Mtn for Award of Atty Fees & All Court Costs. signed Lash, J. Copies/Notice 8/8/01 Deft. Mechanics' Choice Warranty Corp's Answer to Pltf's Mo- tion for an Award of Treble Damages, prop.Order & Brief. Deft's Answer to Pltf's Motion for an Award of Atty's Fees & All Court Costs, prop.Order & Brief. 02:34PM Molded verdict of 8/23/01 in favor of Tanya Kondracki and against Mechanic's Choice Warranty Corp. in the amount of $18,250.73, plus Court costs, consisting of the verdict of the jury entered on 7/25/01 in the amount of $3,020.73, plus Court costs and $15,230.00 in atty's fees. Copies and Notices sent 8/23/01 02:34PM Molded Verdict of 8/23/01 in favor of Mechanics' Choice Warranty Corp. and against Tanya Kondracki on her claim for damages under the PA Unfair Trade Practices and Consumer Protection Law, Title 73. Copies and Notices sent 8/23/01 Deft's Motion for Judgment Notwithstanding the Verdict or, in the Alternative, For a New Trial w/Prop. Orders Order of 9/12/01 Deft's Mtn for Jdgmt Notwithstanding the Verdict or in alternative for New Trial - Arg scheduled for 9/24/01. signed Lash, J. Copies & Notice 9/12/01 Argument held, Motion denied. Order of 9/24/01 re: Arg 9/24/01. Deft's Mtn for Judgment Notwithstanding Verdict or in alternative for New Trial is DENIED. signed Lash, J. Copies & Notice sent 9/26/01 10:44AM Judgment on Verdict against Mechanics' Choice Warranty Corp. in the amount of $18,250.73 plus court costs, consisting of the verdict of 7/25/01 in the amount of $3,020.73, plus court costs & $15,230.00 in attorney's fees. Copies and Notices sent 10/22/01 Certificate of Service of Praecipe for Judgment on Verdict Appeal by Mechanics' Choice Warranty Corp., defendant to the Superior Court of Pennsylvania from order entered in this matter on 09/24/2001 together with docket entries and Proof of Service of Appeal. Copy of Appeal mailed to the Superior Court of pennsylvania on 10/23/2001. Order of 10/24/01 - Appellant has 14 days to File a Concise Statement of Matters Complained of on Appeal. Copies & Notice sent 10/25/01 Statement of Matters Complained of on Appeal w/Cert.of Svc. Notice of Docketing Appeal in Superior Ct to #1675 MDA 2001 Deft, Mechanics' Choice Warranty Corp's Order for Transcription of Proceedings From 7/25/01 w/Prop. Court Order of Authorization Order of 1/17/02 Authorizing Transcription of Proceedings From 7/25/01 - Copies and Notice Sent 1/18/02 4/17/20"03 97'- 0342'4. DATE 1/28/2002 3/15/2002 3/15/2002 3/18/2002 3/07/2003 3/07/2003 4/14/2003 4/14/2003 Berks County Civil Court Information System COMPLETE DOCKET SUMMARY REPORT PAGE: 5 PTR350 PTBCAMPB DOCKET SUMMARY Notices (3) of Lodging Transcript of Record -Transcription of Notes of Testimony on 7/25/01 - LODGED Memorandum Opinion dated 03/15/02. Certified Copy of Memo Opinion & Notice sent 03/18/02. Re: Appeal to Superior Court. Transcription of Notes of Testimony on 7/25/01 - FILED Transmittal of record to Superior Court by Certified Mail Copy of Memorandum filed in Superior Court dated 1/27/03 _ Berks Co decision AFFIRMED. Entire Record Returned from Superior Court. Exemplified Judgment to Cumberland Co, PA on Judgment on Verdict filed 3/1/00 Exemplified Judgment to Cumberland Co, PA on Judgment on Verdict filed 10/18/01 PLAINTIFF (S) : KONDRACKI, TANYA *Appellee ATTORNEY: Power, Michael 02 03 04 05 06 07 08 09 10 DEFENDANT(S): MECHANICS CHOICE WARRANTY CORP *Appellant OTHER(S) : ATTORNEY: Miller, Bradley Davis 01 ~2 03 04 05 06 07 08 09 10 ATTORNEY: 4/1.7/03 97' 0342'4 Berks County Civil Court Information System CASE COSTS SUMMARY REPORT PAGE: PTR353 KONDRACKI, TANYA, Appellee *** VS *** MECHANICS CHOICE WARRANTY CORP, Appellant DOCKET NUMBER: 97 03424 INITIAL ACTION TYPE: Misc. case/ Civ.Appeal INITIAL ASSIGNED JUDGE: Albert A. Stallone, P.J. OLD SYSTEM CASE#: ***** ** ** ** ** DATE AMOUNT P/D/R COMMENTS SHEET BOOK PAGE 4/10/1997 60.25 PAID APPEAL 11/23/1998 15.00 PAID POWER PAID ARB. FEE 2/26/1999 15.00 PAID ARBITRATION APPEAL- DEFT 2/26/1999 450.00 PAID ARBITRATORS FEES 52 55 3/06/2000 47.50 PAID APPEAL SUPERIOR CT-MILLER 3/06/2000 55.00 PAID SUPERIOR CT FEE-MILLER 3/06/2000 330.00 PAID DEFT'S TRANSCRIPT REQUEST 6/20/2000 108.75 PAID BAL. OF TRANS. FEE-MILLER 3/01/2000 14.25 PAID JUDGMENT - DEFT 4/14/2003 17.75 PAID EXEMPLIFIED-CUMBERLAND CO 10/22/2001 47.50 PAID APPEAL/SUPERIOR CT-MILLER 1/15/2002 170.00 PAID 1/2 TRANS. FEE- MILLER 2/25/2002 189.00 PAID PLTF PD - COPY OF TRANS. 3/28/2002 255.25 PAID BAL TRANS FEE - MILLER 10/18/2001 14.25 PAID JUDGMENT-MILLER PD. ; POWER & ASSOCIATES, p.e. Attorneys at Law THE SPEAKMAN HOUSE 117 WllMINGfON PIKE, SUITE 200 GLEN MILLS. PA 19342 MICHAEL D. POWER THOMAS R KLOSINSKI (610) 558-6220 FAX (610) 558.7861 ONE GREENTREE CENTRE SUITE 20[ MARLTON, NJ 08053 (856) 6[6.0086 June 24, 2003 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Transfer ofJudgement Tanya Kondracki v. Mechanics Choice warranty Corp. Berks County, C.C.P., No. 97-3424 Dear Sir or Madam; Pursuant to P.R.C.P. 3002, kindly transfer to Cumberland County the judgement against the defendant the judgement obtained by the plaintiff against the defendant in Berks County. Also kindly index the judgement against the defendant. The defendant conducts business at 3 Sunset Circle, Mechanicsburg, P A 17055. I have enclosed a certified copy of the Berks County docket entries and the Certification of the Amount of the Judgement. I have enclosed a check in the amount of $20.00 to cover the cost of the request. If you have any questions, please feel free to contact me. MIC mpl enclosure I :f~~'" " TANYA KONDRACKI VS. No. 97-3424 MECHANICS CaOICE WARRANTY CORP. I, Marianne R. Sutton, Prothonotary of the Court of Common Pleas of Berks County, Pennsylvania, do hereby certitY that the above and foregoing pages contain a true copy and correct transcript of the docket entries, which form the whole record. Judgment has been entered and certified in favor of Tanya Kondracki and against the defendant, Mechanics Choice Warranty Corp. on a Verdict in the amouutcif $12,682.16 plus costs AND in favor of Tanya Kondracki and against the defendant, Mechanics Choice Warranty Corp. in the amount of $18,250.73 plus court costs, consisting of the verdict. of 7/25101 in the amount of $3020.73, plus court costs & $15,230.00 in attorney's fees. , - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at Reading, P A, this 17th day of April A.D. 2003 .../:~. Mariaime R. SuttOIt. Prothonotary \/ , f . ' POW E R & Ass 0 C I AT E S, P. C . Attorneys at Law THE SPEAKMAN HOUSE 117 WILMINafON PIKE, SUITE 200 GLEN MILLS, PA 19342 MICHAEL D. POWER THOMAS R ICWSINSKI (610) 558.6220 FAX (610) 558-7861 ONE GREENTREE CENTRE SUITE 201 MARLTON. NJ 08053 (856) 616.0086 October 13, 2003 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Tanya Kondracki v. Mechanic's Choice Warranty Corp. 03-3276 Dear Sir or Madam; Enclosed please find an original and two copies of a Praecipe For Writ Of Execution against defendant, Mechanic's Choice Warranty Corp. Kindly file the Praecipe, return a copy in the self addressed stamped envelope, enter the Writ Of Execution and forward to the Cumberland County Sheriffs Office for them to commence execution on the judgement. 1 have enclosed a check in the amount of$15.00 made payable to the Prothonotary, Cumberland County for the filing fee. In addition, I have enclosed a check in the amount of $150.00 made payable to the Cumberland County Sheriffs Office for their fee. If you have any questions, please feel free to contact me. Sincerely, mpl enclosure . . Michael Power, Esquire Identification No. 48574 Power & Associates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 (610) 558-6220 Attorney for Plaintiff 'TANYA KONDRACKI 1751 COTTON STREET READING, PENNSYLVANIA 19606 v. MECHANICS CHOICE WARRANTY CORP. 3 SUNSET CIRCLE PO BOX 7097 MECHANICSBURG, PA 17055 :'COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3276 CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; against Mechanic's Choice Warranty Corp., defendant. AMOUNT DUE INTEREST From October 18, 2001 (Costs to be added) $18,250.73 $ $ Michael Power, Esq. Power & Associates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 610-558-6220 Attorneys for plaintiff Michael Power, Esquire Identification No. 48574 Power & Associates, P.C. 117 Wilminqton Pike, Suite 200 Glen Mills, PA 19342 (610) 558-6220 Attorney for Plaintiff TANYA KONDRACKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MECHANICS CHOICE WARRANTY CORP. NO. 03-3276 CIVIL ACTION-LAW AFFIDAVIT OF MICHAEL POWER, ESQ. STATE OF PENNSYLVANIA :SS. COUNTY OF DELAWARE Michael Power, Esq., being duly sworn, deposes and says as follows: 1. I am an adult individual citizen and resident of the Commonwealth Of Pennsylvania. 2. I am a practicing attorney admitted to the bar of the Commonwealth of Pennsylvania and I represent Tonya Kondracki, the plaintiff in the above captioned matter. 3. I personally spoke to the Sheriff's Office of Cumberland County to discuss the inability of the Sheriff to serve the Writ of Execution in this matter. I PLAlN'l1FF'8 EXHIIJtT /J , '.' . 4. The information wich I have set forth in Paragraph eight of the within Motion was personally told to me by the Sheriff's Office. Sworn to an~Ubscribed before me on thls ~ ~::'br~ary, 2004. Notary publit1' Y' NOTARIAL SEAL MARCY M. POWER, Notary Public Concord Twp., Delaware County Mv Commission Ei<Dires December 12, 2005 , - , CERTIFICATE OF SERVICE I, Michael Power, Esq., do hereby certify that on this date I have mailed a copy of Plaintiff's Motion For Order allowing Sheriff Of Cumberland County To Forcibly Enter Defendant's Business Premises To Serve Writ of Execution and to levy to the attorney(s) and or/parties who's names(s) and address(es) appear below: Mechanic's Choice Warranty Corporation 3 Sunset Circle P.O. Box 7097 Mechanicsburg, PA 17055 Bradley Davis Miller, P. O. Box 6244 Wyomissing, PA 19610 Esq. DATE: J_/t;~'r // .::: ~~ ..~ o '.' ...., c-:> 2i:: o 'T, 'i!:u rn- r- -orn :X1CJ 0' -jO .~~ 15m ;r"~ J:J ""< -." 0", UJ I I.D "'" -." ~. ~ I.D TANYA KONDRACKI, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MECHANICS CHOICE WARRANTY CORP., DEFENDANT 03-3276 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of February, 2004, upon plaintiff's motion for an order authorizing the Sheriff of Cumberland County to forcibly enter defendant's business premises to serve Writ of Execution and Levy on Property and defendant's response, if any, IT IS ORDERED that the motion, IS GRANTED. The Sheriff of Cumberland County is hereby ordered to enter the business premises of defendant located at 3 Sunset Circle, Mechanicsburg, PA, during business hours when the premises are occupied, to serve the Writ of Execution on defendant and to levy upon property located therein. Further, if entry is denied, the Sheriff's Office is authorized to use force to enter the premises if necessary to serve the Writ and Levy on Property. (Q?J'i~ Edgar B. Bayley, J. Michael Power, Esquire For Plaintiff ~~ Mechanics Choice Warranty Corp. J- IS. 0'1 "C)..-, Sheriff of Cumberland County - ~ c.y<1' :sal .,.. i:C' <( o U)-r 00 CC::l: '''-~ Gb I" <"t.~ 00.: U:\ -;.-uJ u-;:s l.O ..::r c:, ''1:: ("l- ~ ~ :"')4 C?:'.~ r- "._,' L':__ ':) ::J :< el) co W \.l.- ..;r c~ = "'" :lld ';1; 0-. :;<-:; D Michael Power, Esquire Identification No. 48574 Power & AssOCiates, P.C. 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 (610) 558-6220 Attorney for Plaintiff TANYA KONDRACKI 1751 COTTON STREET READING, PENNSYLVANIA 19606 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MECHANICS CHOICE WARRANTY CORP. 3 SUNSET CIRCLE PO BOX 7097 MECHANICSBURG, PA 17055 NO. 03-3276 CIVIL ACTION-LAW PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly reissue the writ of execution entered in this matter earlier in the above matter, directed to the Sheriff of Cumberland County; against Mechanic's Choice Warranty Corp., defendant. AMOUNT DUE $18,250.73 INTEREST From October 18, 2001 $ (Costs to be added) /~</~ / /-;// / / / . Michael Pow , E~q. Power & As ates,' P.C. , 117 Wilmington Pike, Suite 200 Glen Mills, PA 19342 610-558-6220 Attorneys for plaintiff $ ~"':- , ;-'" o c -,- ,:"..,. Ci C --;/ ::2. .-.> = = .... .." r<1 OJ ", c::> o ,.'1 --! X..., f\lp :g "'X' '.~ C:l :J ----\ -ri :I:1J '20 /:"'rn 1::~ ~;~ 0<:-.... ..., -<, -0 :::k 'I? <..Tl -' HAROLD S. IRWIN, III, ESQUIRI! ATTORNIY ID NO. 21920 84 SOUTH PITT snul!T CARLISLI! PA 17013 (717) 243-80110 ATTORNIYPORPLAINnFn .JAMI!S RAUDABAUGH and CYNTHIA RAUDABAUGH, parents and nam...1 guardians of SAMANTHA RAUDABAUGH, minor, and TRACI!Y HOLLeY, parent and natu...1 guardian of XAVII!R SHOLLI!Y, minor, Plalntl'" VS. .JARRI!TT BROCK, PATRICIA McCALLISTI!R, and HI!NRY THOMPSON, I IN THI! COURT OF COMMON PLI!AS OF I CUMBI!RLAND COUNTY, PI!NNSYLVANIA . . I CIVIL ACTION. LAW I NO. 2004 - 3278 CIVIL TI!RM I I IN TRI!SPASS I Defendants I .JURY TRIAL DI!MANDI!D PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 1037 (b)(1), please enter judgment in favor of plaintiffs and against the defendants, JARRETT BROCK and PATRICIA McCALLISTER only, for failure to file an answer to plaintiffs' complaint within twenty (20) days of service thereof. Enter judgment in favor of the plaintiffs and against these defendants as to all of the allegations of plaintiffs' complaint such that the trial to be held in this case be limited to the amount of damages to be assessed against therse defendants. Pursuant to Pa.R.C.P. 237.1, it is certified that on August 5, 2004, a written notice of intention to take a default judgment was mailed to these defendants. A copy of the notice and certified mail receipt No. Z 7003 3110 0004 5775 4030 are attached, evidencing service upon these defendants. To date, plaintiffs have not obtained service upon defendant Henry Thompson. August 18, 2004 -- HAROLD S. IRWIN, II - . EXHIBIT "A" HAROLD I. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 8410UTH PITT ITREET CARLISLIl PA 17013 (717) 243-IlOlIO ATTORNEY FOR PLAINTlFFI JAMES RAUDABAUGH and CYNTHIA RAUDABAUGH, parent and natural guardians of SAMANTHA RAUDABAUGH, a minor, and TRACEY HOLLEY, parent and natural Guardian of XAVIER SHOLLEY, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW VS. JARRETT BROCK, PATRICIA McCALLISTER, and HENRY THOMPSON, : NO. 2004 - 3278 CIVIL TERM : IN TRESPASS Defendants : JURY TRIAL DEMANDED TO: JARRETT BROCK PATRICIA McCALLISTER 1431 ENOLA RD CARLISLE PA 1701357 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST CARLISLE PA 17013 717.249.3166 August 5, 2004 t(Q)[PY HAROLD S. IRWIN, III 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ~J:tl'l'Kl ~ I~"jli;.t>>.,;.. .::t" L....~;. ..... >, . -. . '" 111I..IIt...... .._.~.r...I:.. .... .," I" 1"1 "' .. "'I.... ~ _. ':',,' :::.. ':":' , : :, .~ i~~,' t~..' .. ~,.:.' "\~. ",;,:" LI1 . _81/<1 $ ,37 J(s. .::t" . - 1 Cl Ce.1ffJedP.. ? sO g(~,,=~ /:'75 (z~~~ Cl R_DeIlvoryF.. _.. /:. '. ,,~~ ". . .'......'. ~ (Endo_Reqlll<od) i . .~ ~) i>\ rn Tota'_&F... $ ~,~ ~ \ ~,,?'; rn "\, \. /;t.o' o S6niro \: ".... ....0"",,....... _"<<,,,. R .~APiI.,:;->!.~f.r.J?:tt.Rv:~.~~.,,~;~:,::......------.----... orP08eaNo. )A ?[ Cp)"k 1">. ". ___.........______.. .a,y,.Sl.i.:ZiPi4.....'J....:!, .l:...o~F.,O,.....,....--. . .....".....",'r'''~'"~"w,.~~'....''m.''.... " T ~ ~~W1J;11'f.1 ~ ImfIJrf,7:,jii\ " , T v ~ r.,~.~O'.F.'F'li'.c.TA"l...'....lls"~ U') Postage $ ,"3'7/--'-''''' ::r l ' g eo"""",,,.. 2, 3 Cl ...:::..~ J' 7 -I\;' Cl _DellveryF.. ' ~ j ~ (~tReqUIred)--:' g~1./~ m 1bIaJP_&_ $ 4, -+ 6.*!l';r'l~(\'b.7 m ",' " o &ntTo , " --- -~.... R .~....;)~;-kic:la...P.1'-GliI.'-$.kc..,.................,....,..... .~~~.~..L1:J.Lf.~.Qle,.g.Q,.~.....__,._,__,.................. CiIy,Slalo-Zl l']L2J~ . . ~li>>'~..,J._~~'."......,....~'tI."..mJi~ \ ^_._---_.~_..-'''_..,._<.._.,_.- t.~', 4030 . . .~.W... '\ ~ ! \ ~ " \ " \:':, .--C:> ~ ~ b .,. "" =- </> ~ . . :j:;- :'.1 V\ -'. -C B .c , ~ 1 Y ~ -. . ): '" , \ \ \ ( ____u~..- r , , ~fc I T D rn D =r ~ r.'..O"'.F".F"rc.TA,.'L'....."lj"'S."~ U'J $, 3r--''''' ~!' ~-: 2,3' ~ "'::~=,~ ), 7 ~) , \ n Aestrlcted OeIJvery Fee ___ . ~ (En_mentRequll8dj ~~~ (I!; rn TotalPoalage'Fees $ 4, -4 .~I\l' :;r.~\'\ t:J St1ntTo . ...,~....,: ~ .~-Ajii.~.ki.i.I.:t...I!1(..(.alLlskc.m_.__m__m__._m__mm .;;s:;~~-.L1Q_L.f.~_<2~_g_4.,____..._--_._----_._----_._----.. .....""...m..,"'.'""m~.~,......,~,..,.'iIl'''."".. ", --, RECEIPT - - rn :." ~"~ ~ ..,,- II. '~~l'" =r ~ r..'..rnO...F."F...i.-c-rA"l.....'.,..U"'S.~ U'J. _ $ ,37 ?i5. ~. (~=;;; f:~~ ~ '~{~':.~ .', ] D Reet'_OeI_F.. _ '. ~~~~, ~ (End.""",ent Roquh.d) -.t ,'\" ~) ~, :",1 : Total Poalage' Fee. $ ~."i '\ \, ~~?/ Cl SBntTo ~ .\ ~::f"'~,,:.... ~ .~i.Ai>tiWi,.s!.g,!:!.gj:t__B.~~~,:-:.z'--~;----_:------__..m. .~~~_~__._...L1.3.LE.'2Q.kJ..t:,Q,___.__.m..___._______m._____m CIIy, SIsls, ZJf't4 _1 '1Ql::3.. _ u.."tIir..'I~t;JIll..I'III-.n]I~N$II.I..'J.......(IlI.~.....r.'llilll.,..., J, . "!', '.. ",..,.,::. .1:.:.'...... ' ',""':, i I~- \. ,~ 70 IV' ~~ (YJ~F . - t: ~ B :e. ~-t"" ~ (YJ ~ l ct t. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL Advance Costs: Sheriff s Costs 150.00 47.84 102.\6 18.00 .94 .50 1.00 7.40 Refunded to Attyon 07106105 20.00 47.84 Sworn and Subscribed to before me this ft" day of {} 0, 2005 A.D. 9""~LQ /v,,;(),.~ prot on tary ~ ~ IiiJJ\ U1i _Ii J (r'(' 5 l '~li"]1 it)! cJ=-.....t ~) ~.. R. Thomas Kline, s~;? BD fllldJtL ~owmV <:. '" " ~ .... r \1; {,"I, .1 J J "), ... '''.,1 \1' G e', ". gZ 1:10 UNl! ';';1\131<' 1':\-.) .\.);::io1V -\: ; ~ , J; ~ \.)0 CfL.. 50S'oJ Re.--. Ill. 0 'J.