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HomeMy WebLinkAbout07-1978IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION BROWN & CONNERY, LLP Stephanie Nolan Deviney, Esquire (Atty. I.D. 80770) 6 N. Broad Street Woodbury, NJ 08096 (856) 812-8900 Attorneys for Plaintiff, VGM Financial Services VGM FINANCIAL SERVICES, March Term, 200 n / Plaintiff, No. e)7 - l Q' P 1???n VS. SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. AND TIMOTHY CLARK Defendants. PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Enter judgment against the defendants and in favor of plaintiff VGM Financial Services in the amount of $49,225.75, and index said judgment against the defendants Sleep Disorder Centers of Central Pennsylvania, Inc. and Timothy Clark, based on the foregoing: The name and last known address of judgment debtor Sleep Disorder Centers of Central Pennsylvania, Inc. is 2250 Millennium Way, Suite 400, Enola, PA 17019. 2. The name and last known address of judgment debtor Timothy Clark, is 9 Sand Pine Court, Mechanicsburg, PA 17050. BROWN & CONNERY, LLP Woodbury, NJ 08096 '"Mu 3. Judgment was entered by default against the Defendants on February 12, 2007, in the Iowa District Court for Black Hawk County in the amount of $47,834.40, plus attorneys' fees and expenses in the amount of $456.25, and court costs in the amount of $100.00, plus post judgment interest at a rate of 18% per year. 4. Accordingly, please assess damages for the calculable sum certain due, as provided for in the Iowa Judgment, as follows: Judgment $48,390.65 + Post judgment interest (from February $ 835.10 12, 2007 to March 19, 2007) TOTAL DUE AS OF March 19, 2007 $49,225.75 5. This application is made in accordance with the Uniform Enforcement of Foreign Judgments Act, 42 Pa. C.S.A. § 4306. By: Dated: March 19, 2007 BROWN & CONNERY, LLP Woodbury, NJ 08096 BROWN & CONNERY, LLP Attorneys for Plaintiff, VGM Financial .C'Prvl f`.PC N :+J rr { "art R n? 1 ^' 1e 0. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION BROWN & CONNERY, LLP Stephanie Nolan Deviney, Esquire (Atty 6 N. Broad Street Woodbury, NJ 08096 (856) 812-8900 Attorneys for Plaintiff, VGM Financial Services VGM FINANCIAL SERVICES, Plaintiff, VS. SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. AND TIMOTHY CLARK Defendants. March Term, 2007 ?-?-- No. 07 t4 Ltc,. L 6 sc AFFIDAVIT IN SUPPORT OF TRANSFER OF FOREIGN JUDGMENT Stephanie Nolan Deviney, Esquire, of full age, hereby certifies and says: 1. I am an attorney associated with the law of Brown & Connery, LLP, attorneys for the Plaintiff in this matter. I am authorized to make this affidavit in support of the enforcement of foreign judgment on Plaintiff's behalf. 2. The name and last known address of judgment debtor Sleep Disorder Centers of Central Pennsylvania, Inc. is 2250 Millennium Way, Suite 400, Enola, PA 17019. 3. The name and last known address of judgment debtor Timothy Clark, is 9 Sand Pine Court, Mechanicsburg, PA 17050. I.D. 80770) BROWN & CONNERY, LLP Woodbury, NJ 08096 J 4. The name and address of the judgment creditor VGM Financial Services is 1111 W. San Marnan Drive, Waterloo, IA 50701. 5. Judgment was entered by default against the Defendants on February 12, 2007, in the Iowa District Court for Black Hawk County in the amount of $47,834.40, plus attorneys' fees and expenses in the amount of $456.25, and court costs in the amount of $100.00, plus post judgment interest at a rate of 18% per year. A true and correct copy of the exemplified judgment is attached as Exhibit A. 6. Accordingly, as of March 19, 2007, the amount due is $49,225.75. 7. The judgment remains valid, enforceable, and unsatisfied. 8. The Iowa District Court for Black Hawk County has not issued a stay of execution in these proceedings. I hereby verify the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: March 19, 2007 BROWN & CONNERY, LLP Woodbury, NJ 08096 i w CQTWATE OF TRANfCM RY MIDGE AND CLERK Iowa ONkW Form ft. 140 STATE OF IOWA, BLACK HAWK COUNTY, ss. I, WAYNETTE SAUL , Clerk of the District Court of the State of Iowa, in and for said County, do hereby certify that the foregoing is a true, compared and perfect transcript of ORDER FOR ENTRY OF DEFAULT and FOR ENTRY OF JUDGMENT UPON DEFAULT VGM FINANCIAL SERVICES VS SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC., and TIMOTHY CLARK CASE NO. LACV100472 as the some appears of record in my office. In witness whereof I have hereunto set my hand and affixed the seal of said Court, at my office in Waterloo, Iowa, in said County, this 14TH day of FEBRUARY , A. D., V"07 Clerk District Court STATE OF IOWA, BLACK HAWK COUNTY, ss. I, JON FISTER , one of the Judges of the District Court of the State of Iowa, in and for the First Judicial District of said State, composed of the Counties of Black Hawk, Buchanan, Allamakee, Clayton, Fayette, Chickasaw, Howard, Winneshiek, Delaware, Dubuque and Grundy, do hereby certify that WAYNETTE SAUL who !?t he preceding certificate, was, at the time of so doing, the Clerk of the District Court of the St of low , in and for !he Hawk County, in said District, duly qualified as such, that he is the proper custodian of the re ds of id Court, and the proper officer to give such certificate and that the some is in due form of law. Witness my hand, at Waterloo, Iowa, this 14TH day of FEBRUARY N.\- , A. D., X 2007 A District Court, First Judicial STATE OF IOWA, BLACK HAWK COUNTY, ss. I, WAYNETTE SAUL , Clerk of the District Court of the state of Iowa, in and for said County, do hereby certify that the Honorable JON FISTER who has given the preceding certificate, was, at the time of so doing, one of the Judges of the District Court of the First Judicial district of the State of Iowa, duly commissioned and sworn, to all whose acts as such, full faith and credit are and ought to be given. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Waterloo, Iowa in said County, this day of FEBRUAR A. D.,X}I92QQ.7 rk District Court • Y Y - 03 IOWA DISTRICT COURT FOR BLACK HAWK COUNTY Or- 4 VGM FINANCIAL SERVICES, ) Plaintiff, ) vs. ) SLEEP DISORDER CENTERS OF ) CENTRAL PENNSYLVANIA, INC., ) and TIMOTHY CLARK, ) Defendants. ) ?'?. C70r No. LACV 100472 CI, ORDER FOR ENTRY OF D1 'UIS and FOR ENTRY OF JUDG1 T? UPON DEFAULT On February , 2007, the Plaintiff's Application for Entry of Default and for Entry of Judgment upon Default against Defendants came before the Court. The Court, having examined the Application and the file, having heard the statements of counsel, and being otherwise advised in the premises, FINDS that each Defendant has consented to the jurisdiction of state courts in the State of Iowa; that notice of suit was properly served on each Defendant; that the allegations made in the Application are true, including allegations that Plaintiff mailed to each Defendant written notice of its intention to file written application for default and that no less than 10 days elapsed after the date of mailing notice with no response from Defendants; and that Plaintiff is entitled to entry of default and entry of judgment upon default against Defendants, and each of them, in the amount stated in Plaintiff's affidavit. The Court also FINDS that the attorney fees and expenses set forth in the affidavit of Plaintiff's counsel are fair and reasonable. IT IS THEREFORE ORDERED that default be, and it hereby is, entered against Defendants Sleep Disorder Centers of Central Pennsylvania, Inc., and Timothy Clark, and each of them. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment upon default be, and it hereby is, entered against Defendants Sleep Disorder Centers of Central Pennsylvania, Inc., and Timothy Clark, and each of them, in the sum of $47,834.40, plus attorneys' fees and expenses in the amount of $456.25, and court costs in the amount of $100.00, together with interest on the foregoing sums at the rate of 18% per annum from and after December 29, 2006. The Court retains jurisdiction herein regarding the further award of reasonable attorneys' ??U` fees and expenses pursuant to the contract. 1mal':ed or delivered to - - - - - - - - - - - - - ?._ _ -------------- s ?r -< • R IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION VGM FINANCIAL SERVICES, Plaintiff, VS. BROWN & CONNERY, LLP Stephanie Nolan Deviney, Esquire (Atty. I.D. 80770) 6 N. Broad Street Woodbury, NJ 08096 (856) 812-8900 Attorneys for Plaintiff, VGM Financial Services SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. AND TIMOTHY CLARK March Term, 2007 C--rq No. 0-l - /q?,? 01c,'. Defendants. To: Timothy Clark, President Sleep Disorder Centers of Central Pennsylvania, Inc. 2250 Millennium Way, Suite 400 Enola, PA 17019 Timothy Clark 9 Sand Pine Court Mechanicsburg, PA 17050 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below: Judgment by Default X Money Judgment for $49,225.75 Judgment in Replevin Judgment in award of Arbitrator Judgment on Verdict J d t C rt Findin s BROWN & CONNERY, LLP Woodbury, NJ 08096 ,?/, !167 . A", -- . " Trani m I a, with interest. U gmen on ou g IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY STEPHANIE NOLAN DEVINEY, ESQUIRE AT 856-812-8900. BROWN & CONNERY, LLP Woodbury, NJ 08096 Rpt ID : CPW200 Rpt Date: 28-MAR-07 Rpt Time: 04:09 PM Rpt Beg 29-DEC-06 Rpt End 28-MAR-07 Iowa court information System Page: 1 BLACK HAWK Clerk of Court - CLERK OF COURT, Combined General Docket -------------------------------- Case Name ----------------------------------- Case 01-07-1- -LA-CV100472 Title VGM FINANCIAL VS SLEEP DISORDER CENTER ET AL -------------------------------- Case Header --------------------------------- Sub-Type CONTRACT - DEBT COLLECTION Nature Mil Dt 14-FEB-01 Initiated 29-DEC-06 Milestone DISPOSED Jud Dt Agency Pin Judge Tp Agency Name -------------------- --------- " --- - ------ Case closing ----------------- --------- Disp Dt 12-FEB-07 Disposition OTHER JUDGMENT Microfilm Reference Reopened Dt Judge Tp DISTRICT COURT JUDGE Judge Pin BL0000859 Judge Name STEPHEN C CLARKE -------------------------------- Litigants ----------------------------------- Role Name PLAINTIFF VGM FINANCIAL SERVICES Litigant Pin 411943997 Attorney(s) AT0004254 KNAPP, JARED RYAN DEFENDANT CLARK, TIMOTHY Litigant Pin EL1541390 DEFENDANT SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA Litigant Pin BL1541425 -------------------------------- Papers Filed -------------------------------- Filed Date / Time Seq Event Reference St 29-DEC-06 02:06 PM 0 PFLD C Description PETITION FILED Filed By AT0004254 KNAPP, JARED RYAN 26-JAN-07 03:45 PM 0 RSON C Description RETURN OF ORIGINAL NOTICE 26-JAN-07 03:45 PM 1 RSON C Description RETURN OF ORIGINAL NOTICE 12-FEB-07 08:44 AM 0 MTDF C Description MOTION FOR DEFAULT JUDGMENT Filed By AT0004254 KNAPP, JARED RYAN 12-FEB-07 08:44 AM 1 FOOT C Description OTHER AFFIDAVIT Filed By AT0004254 KNAPP, JARED RYAN Comment (S) IN SUPPORT OF APPLICATION FOR DEFAULT 12-FEB-07 08:44 AM 2 FOOT C Description OTHER AFFIDAVIT Filed By AT0004254 KNAPP, JARED RYAN Comment(s) RE ATTY FEES kKft. v is1a a nenl WON U199 515NUUM klllllMlbI r?ati?ancean» "I sW for Big* 29 r n Z?' 'at Olt r I-WOO n . , vaH ?bp8 VWW WE ?7smo coif c n^.i atN ?Ifl t" v:n t t!?$t SlRtird ef!; i ; yqo? y} p} W) C-, t fo bvm to 9m - fld v??Yitlil£1? lIN1AW1'iAJB TMMfliQM" Rpt ID : CPW200 Rpt Date: 28-MAR-07 Rpt Time: 04:09 PM Rpt Beg 29-DEC-06 Rpt End 28-MAR-07 Iowa court information system BLACK HAWK Clerk of Court - CLERK OF COURT, Combined General Docket Page: 2 Case Name ----------- Case 01-07-1- -LA-CV100472 Title VGM FINANCIAL VS SLEEP DISORDER CENTER ET AL -------------------------------- Papers Filed -------------------------------- Filed Date / Time Seq Event Reference St 3 OFJU C 12-FEB-07 08:44 AM Description ORDER FOR JUDGMENT Filed By BL0000859 CLARKE, STEPHEN C. Return of Service --- File Date 26-JAN-07 Time 03:45 PM Description a SUBS Miles Seq Event RSON Served Dt 08-JAN-07 Type Served By PIN PENNSYLVANIA SLEEP DISORDER CENTERS OF CENTRAL Named Party PIN BL1541425 Served On D PATSIOPOULOS - MANAGER Comment County City File Date 26-JAN-07 Time 03:45 PM Description Dt 09-JAN-07 Type INDI Miles Seq Event RSON Served Served By PIN Named Party PIN BL154139 Served On DEFT Comment County City CLARK, TIMOTHY ------------------- Judgment/Lien Detail -- ---- St Date St Judgment Status Time Sq Date 02/14/07 N NONE 02/12/07 08:44 AM 0 Create Dt Judgment/Lien Entry F CENTERAL PENNSY LVANIA, INC., and 14-FEB-07 SLEEP DISORDER CENTERS O 1 83 ZNT FR 12/29/06 14-FEB-07 TIMOTHY CLARK/ $47834.40 + $456.25 AF 14-FEB-07 + $100.00 CC Sat Status Sta Date Code Sat Date Against NONE BL1541390 CLARK,TIMOTHY, 02/14/07 USAT 02/14/07 BL1541425 SLEEP DISORDER CENTERS OF CENTEA NONE 02/14/07 USAT 02/14/07 For 411943997 VGM FINANCIAL SERVICES Rpt ID : FM8070 Rpt Date: 28-MAR-07 Rpt Time: 04:09 PM Rpt Beg 29-DEC-06 Rpt End : 28-MAR-07 Iowa Court Information System Page: 1 BLACK HAWK Clerk of Court - CLERK OF COURT Case Financial Management Financial Summary Case ID : 01-07-1- -LA-CV100472 Title: VGM FINANCIAL VS SLEEP DISORDER CENTER ET AL Obligor PIN: Name Obligee PIN: Name Payor PIN Name Payee PIN Name I------------------------------------------- Financial Summary ------------------------------------------ Filed Dt Filed Tm Sq F-Cd C Description Owed Amount Paid Amount Due Amount -- ---- - ------------------------ --------------- --------------- --------------- ---- 29-DEC-06 12:00 AM 1 C160 C FILING FEES, CH OF NM $100.00 $100.00 $.00 12-FEB-07 12:00 AM 1 MK20 M REFUNDABLES DUE TO PREPA $100.00 $.00 $100.00 ------------------------------ Financial Totals ----------------------------- Description Owed Amount Paid Amount Due Amount ------------------------------- --------------- --------------- --------------- Court Costs $100.00 $100.00 $.00 All Other $100.00 $.00 $100.00 ** Grand Totals $200.00 $100.00 $100.00 w ? c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION BROWN & CONNERY, LLP 6 N. Broad Street Woodbury, NJ 08096 (856) 812-8900 Attorneys for Plaintiff, VGM Financial Services VGM FINANCIAL SERVICES, March Term, 2007 Plaintiff, No. 07-1978 Vs. SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. AND TIMOTHY CLARK Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Brown & Connery, LLP on behalf of Plaintiff VGM Financial Services, in the above-referenced case. Date: -) _r Z G ?;> BROWN & CONNERY, LLP Joseph M. Garemore, Esquire 6 N. Broad Street, Suite 100 Woodbury, NJ 08096 (856) 812-8900 BROWN & CONNERY, LLP Woodbury, NJ 08096 t ENTRY OF APPEARANCE Kindly enter the appearance of Stephanie Nolan Deviney, Esquire and Fox Rothschild LLP on behalf of VGM Financial Services, with regard to the above matter. Date: )-I- 1?_ 0-7 FOX ROTHSCHILD LLP (Nolan Deviney I.D. No. 80770 Eagleview Corporate Center(/ 747 Constitution Drive, Suite 100 P.O. Box 673 Exton, PA 19341-0673 (610) 458-7500 Attorneys for Plaintiff, VGM Financial Services BROWN & CONNERY, LLP Woodbury, NJ 080% CERTIFICATE OF SERVICE I, STEPHANIE NOLAN DEVINEY, certify that on this date, I served a true and BROWN & CONNERY, LLP Woodbury, NJ 08096 correct copy of the Withdrawal/Entry of Appearance upon the following counsel of record, via regular U.S. Mail, addressed as follows: Joseph M. Garemore, Esquire Brown & Connery, LLP 6 N. Broad Street, Suite 100 Woodbury, NJ 08096 Date: ! '& / FOX ROTHSCHILD LLP BY: Stephanie Nolan Deviney, Esq. IDENTIFICATION NOS. 80770 EAGLEVIEW CORPORATE CENTER 747 CONSTITUTION DRIVE, SUITE 100 P.O. BOX 673 EXTON, PA 19341-0673 (610) 458-7500 VGM FINANCIAL SERVICES, Plaintiffs, V. SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, et al., Defendants. ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-1978 CERTIFICATE OF SERVICE I, STEPHANIE NOLAN DEVINEY, ESQUIRE, certify that on this date a true and correct copy of Withdrawal of Appearance and Entry of Appearance was served on counsel of record by depositing the same in the U.S. Mail, postage prepaid, addressed as follows: Andrew J. Giorgione, Esquire Buchanan Ingersoll & Rooney, PC 17 North Second Street, 15th Floor Harrisburg, PA 17101-1503 Date: July 16, 2007 EX I 162699v t 07/16/07 ?' n?i ?. r" ? ' ? _t'S 1? ?? ?"?? >.4 S__ ) ?? t - " ?? ? 1,?V jj{ E t ? ? ` ?` ? ??{. „ y y FOX ROTHSCHILD LLP BY: Stephanie Nolan Deviney, Esquire Eagleview Corporate Center 747 Constitution Drive, Suite 100 Exton, PA 19341-0673 Telephone (610) 458-7500 Telecopy (610) 458-7337 Attorneys for Plaintiff COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VGM FINANCIAL SERVICES, Plaintiff, vs. SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. AND TIMOTHY CLARK Defendants. March Term, 2007 No. 07-1978 ORDER TO MARK JUDGMENT SATISFIED To the Prothonotary: Mark the judgment in the above-captioned matter satisfied of record upon payment of your costs only. Dated: March 12, 2008 FOX ROTHSCHILD LLP Attorneys for Plaintiff, VGM Financial Services By: EX 1 7535210 1 03/12/08 N _ CiS nip 1 ? t ?A n J ?