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Home My WebLink About03-5975-COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist NO: 09-3-03 DJ Name: Hon SUSAN K. DAY Addre$8:229 MILL STREET, BOX 167 MT. HOLLY SPKING8, PA (717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : ROBERT B. MACINTYRE, ESQ. P.O. BOX 6656 ~L%RRISBURG, PA 17112 NOTICE OF JUDGMENTfFRANSCRIP7 NAME and A DRESS UPINKER & ASSOCIATE~ 47 BROOKWOOD LANE CARLISLE, PA 17013 VS. DEFENDANT/JUDGMENT CN/2~ laTn(~)~:~ D R E SS FMCHENRY, JENNIFER 1152 RITNER HIGHWAY SHIPPENSBURG, PA 17257 Docket No.: CV- 0000086-03 Date Filed: 3/19/03 J J THIS IS TO NOTIFY YOU THAT: Judgment; ~'~ Judgment was entered for: (Name) ~"~ Judgment was against: (Name) entered in the amount of $ DEFAULT uuu~M~n%IT PLTF 442,'. 00 on: (Date of Judgment) ~ Defendants are jointly and severally liable., ~] Damages will be assessed on: ~1 This case dismissed without prejudice, ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 385.00 Judgment Costs $ 57 o 00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 442.00 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT aY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~---~/~3 Date e/~p~~ I certify that this is a tru i My commission expires first Monday of January, , District Justice ngs containing the judgment. , District Justice SEAL AOPC 315-03 PRAECIf[~OR WBIT OF EXECUTION - (MO~lll JIIDGMENTS) F.R.C.F. 3101 te 3149 CUlv~LAt'~ IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA Writ No .._ ........... .;_ Term 19 442.00 vs Amount due --~ JENN.u~'.~.~ MC~E~RY 18% S~ 5/16/03 1152 ~ ~AY At~'s ~mm. ~ ~IPP~S~ PA 17257 and ~at, ~ 184.25 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of C~.,~ County, Pennsylvnnim; (2) ·g·inst J~X~NI~'~ MCCRORY (3) and ·gainst (4) and index this writ (n) eg·inst Defendant(s); .Garnishee(s); Defendant(s) and (b) ·gal·st G·mishee(s), · lis pendens ·gainst the ~real property of the defendant(s)'in the name ol the Garnishee(s)as follows: (Specific·lly de·cribs property and note s~y apecific direction to ShetifO Furnish 4 copies for re·l est·ts levy) any and all personal property in,cludig jewelry (5) Exemption has (.or) I~en waived. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5975 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PINKER & ASSOCIATES, Plaintiff (s) From JENNIFER MCHENRY, 1152 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY INCLUDING JEWELRY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $442.00 Interest 18% SINCE 5/16/03 Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: NOVEMBER 13, 2003 (Seal) REQUESTING PARTY: Name ROBERT B. MACINTYRE, ESQIRE Address: P.O.BOX 6656 HARRISBURG, PA 17112 Attorney for: PLAINTIFF Telephone: 717-652-9485 Supreme Court ID No. 36817 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy TIMOTHY L. ANDERSON, Plaintiff WANDA L. WHITMER, t/d/b/a/ HOT POINT INN, and ROBERT L. WHITMER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5795 Civil Term IN CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendants. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY L. ANDERSON, Plaintiff WANDA L. WHITMER, t/d/b/a/ HOT POINT INN, and ROBERT L. WHITMER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5795 Civil Term IN CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND now comes the Plaintiff, Timothy L. Anderson, by and through his attorneys, Richard L. Webber, Jr., and Weigle & Associates, P.C., and files this Complaint averring as follows: Plaintiff is Timothy L. Anderson, an adult individual residing at 528 Siloam Road, Chambersburg, Pennsylvania 17201. Defendant Wanda L. Whitmer is an adult individual residing in Cumberland County, Pennsylvania, with mailing address c/o Hot Point Inn, 100 Hot Point Avenue, Shippensburg, Pennsylvania 17257. Defendant Robert L. Whitmer is an adult individual residing at 111 Walnut Dale Road, Shippensburg, Pennsylvania 17257. At all times relevant hereto, Defendant Wanda L. Whitmer owned a business establishment known as "Hot Point Inn," located at 100 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania. On or about Saturday, November 3, 2001, shortly before midnight, Plaintiff arrived at the Hot Point Inn as a business patron. At approximately 1:00 to 1:30 a.m., Sunday, November 4, 2003, Defendant Robert L. Whitmer and approximately four (4) employees of the Hot Point Inn, without just cause and intending to cause offensive contact to Plaintiff, violently and brutally assaulted and battered Plaintiff with great force. As a result of the actions described in Paragraph 6 above, Plaintiff suffered tom ligaments in his left shoulder and a bruise to his face. As a further result, Plaintiff has sustained injuries that have caused and will continue to cause him pain and suffering, mental anxiety, nervousness, embarrassment and humiliation, and impairment of bodily functions. As a further result of the assault and battery, Plaintiff was forced to expend various sums of money to cure himself of his injuries and may in the future be required to expend further sums of money for the injuries. 10. As a further result, Plaintiff incurred and will continue to incur lost wages and income. 11. As a further result, Plaintiff has suffered and will continue to suffer an interruption of his daily habits and pursuits. 12. COUNT I - ASSAULT AND BATTERY Plaintiff v. Defendant Wanda L. Whitmer The preceding paragraphs are incorporated by reference herein as though set forth in full. 13. At all times relevant hereto, the perpetrators of the assault and battery against the Plaintiff were agents, servants and/or employees of Defendant Wanda L. Whitmer. 14. The conduct of Defendant Robert L. Whitmer and Defendant Wanda L. Whitmer's employees against Plaintiff was intentional, reckless, outrageous and with reckless indifference to the rights of Plaintiff. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant Wanda L. Whitmer in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), together with punitive damages, and costs. 15. ALTERNATIVE COUNT I - NEGLIGENCE Plaintiff v. Defendant Wanda L. Whitmer The preceding paragraphs are incorporated by reference herein as though set forth in full. 16. Defendant Wanda L. Whitmer, her agents, servants and employees, owed a duty to Plaintiff to avoid causing harm to Plaintiff. 17. Defendant Wanda L. Whitmer, her agents, servants and employees, breached their duty to Plaintiff by causing physical harm to him. 18. Plaintiff suffered his injuries as a direct and proximate cause of the actions of Defendants' employees. 19. At ail times relevant hereto, Plaintiff exemised due care and was not contributorily negligent. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant Wanda L. Whitmer in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), together with punitive damages, and costs. 20. 21. 22. 23. 24. 25. COUNT II - ASSAULT AND BATTERY Plaintiff v. Defendant Robert L. Whitmer The preceding paragraphs are incorporated by reference herein as though set forth in full. Prior to the incident described in paragraph 6 above, Defendant Robert L. Whitmer stated to Plaintiff that he was the owner of the Hot Point Inn. It is, therefore, believed and averred that Defendant Robert L. Whitmer is an owner and operator of the Hot Point Inn. Defendant Robert L. Whitmer, individuaily as well as his agents, servants and employees, owed a duty to Plaintiff to avoid causing harm to Plaintiff. Defendant Robert L. Whitmer, individually as well as his agents, servants and employees, breached their duty to Plaintiff by causing physical harm to him. Plaintiff suffered his injuries as a direct and proximate cause of the actions of Defendant Robert L. Whitmer individually as well as those of his employees. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant Robert L. Whitmer in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), together with punitive damages, and costs. 26. 27. ALTERNATIVE COUNT II - NEGLIGENCE Plaintiff v. Defendant Robert L. Whitmer The preceding paragraphs are incorporated by reference herein as though set forth in full. Defendant Robert L. Whitmer and his agents, employees, employees and servants owed a duty to Plaintiff to avoid causing harm to Plaintiff. 28. Defendant Robert L. Whitmer and his agents, employees and servants failed to exercise due care with respect to Plaintiff. 29. Defendant Robert L. Whitmer failed to exercise due care with respect to his supervision of the employees of Hot Point Inn. 30. Plaintiff suffered his injuries as a direct and proximate cause of the actions of Defendant Robert L. Whitmer and his employees. 31. At all times relevant hereto, Plaintiff exercised due care and was not contributorily negligent. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against Defendant Robert L. Whitmer in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), together with punitive damages, and costs. WEIGLE & ASSOCIATES, P.C. Dated: By: Richard L. Webber, Jr., Esc~re Attomey for Plaintiff Attorney I.D. #49634 126 East King Street Shippensburg, PA 17257 Telephone (717) 532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworu falsification to authorities. Dated: TIMOTI~Y L. ANDERSON R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Potmdage 1.33 Advertising Law Library .50 Prothonotary 1.00 Mileage 26.91 Surcharge 20.00 Levy Post Pone Sale Garnishee TOTAL $ 67.74 Advance Costs: 150.00 Sheriff's Costs: 67.74 $ 82.26 Refunded to Atty on 03/24/04 Sworn and Subscribed to before me This ,dg ~day of ~ 200 A.D.~ ~ , ro onot So Answers; R. Thomas Kline, Sheriff ByUlaudia A. Brewbaker