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Home My WebLink About08-3121C & K MARKET, INC., d/b!a Ray's Food Place, Shop Smart Food Warehouse and Priceless Foods, Plaintiff, v. RUTH E. BROADS, Executrix of the Estate of Robert E. Rhoads, II, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3ia+ No.: 08- CIVIL TERM PRAECIPE TO TRANSFER OREGON JUDGMENT PURSUANT TO 42 PA.C.S.A. ~ 4306 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: AND NOW, comes Plaintiff C & K Market, Inc. dba Ray's Food Place, Shop Smart Food Warehouse, and Priceless Foods ("Plaintiff'), through its counsel, and hereby requests that the General Judgment of Default (Ex Parte), which was decreed by Order of the Court on February 28, 2008, in the Circuit Court for the State of Oregon for Lane County, in the amount of $199,785, together with interest thereon at the rate of 9% per annum, from April 1, 2005, until paid, be transferred and fully domesticated in the Cumberland County Court of Common Pleas pursuant to 42 Pa.C.S.A. § 4306, relating to Enforcement of Foreign Judgments, and in support thereof submits the following Exhibits attached to this Praecipe: Exhibit A -Triple Sealed Exemplified Record with Certified Docket Entries; Exhibit B -Certified General Judgment; and Exhibit C -Affidavit Pursuant to 42 Pa.C.S.A. § 4306(c). Respectfully Submitted, Thomas B~°5chmidt~, III (P 1 6) ,/ Stacey I. Gregory (PA 90290) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1181 Harrisburg, Pennsylvania 17108-1181 (717) 255-1155 (717) 238-0575 (Fa.x) .rchmidtt@pepperlaw. com gregorys@pepperlaw. com Counsel for Plaintiff Dated: May 16, 2008 -2- STATE OF OREGON) 16-07-04691 COUNTY OF LANE ) TITLE C & K MARKET, INC., dba Ray's food Place, Shop Smart Food Warehouse and Priceless Foods, Plaintiff, vs. RUTH E. RHOADS, Executrix of the Estate of Robert E. Rhoads, II, Defendant, I, David P. Factor, Court Administrator of the above-named County and Stage's Circuit Court, certify that the for foregoing copy of the GENERAL JUDGMENT OF DEFAULT (Ex Parte) has been compared with the original, and that it is a correct transcript therefrom as it appears on file that is in my official care and custody. IN TESTIMONY THEREOF, I have signed and affixed the seal of the Circuit Court this L` ,_day of May, 2008. ~ Court Administrator, Circuit Court of the STATE OF OREGON ) COUNTY OF LANE )ss State of Oregon for Lane County _~, 3tA~~~v~ I, Mary Ann Bearden, Presiding Judge of the Circuit Court of the State of Oregon for Lane Tiii`ty, hereby certify that the Circuit Court is a Court of record and has a seal; that David P. Factor, whose name is subscribed to the foregoing certificate; was at that time the Court Administrator of the Court and the legal custodian of its records; that the signature to the certificate is the true and genuine signature of the Court Administrator; that the seal affixed to the certificate is the seal of the Court; and that the certificate is in due and proper form. IN WITNESS THEREOF, I have signed as Presiding Judge, at the City of Eugene, Lane County of the State of Oregon, this (~" day of May, 2008. STATE OF OREGON ) COUNTY OF LANE )ss Presiding Judge, Circuit Court of State of Oregon for Lane County I, David P. Factor, Court Administrator of the Circuit Court of the State of Oregon for Lane County, certify that the Honorable Mary Ann Bearden, whose name subscribed to the foregoing certificate is the Presiding Judge of the Circuit Court of the State of Oregon for Lane County, and that the signature on the certificate is the true and genuine signature of the Presiding Judge. IN WITNESS THEREOF, I have signed and ffixed the se of the Circuit Court this ~ ~ da of Ma 2008. ~ ~ ~ Y Y~ Court Administrator, Circuit Court of the State of Oregon for Lane County STATED, Case Register........ Lane County Circuit Court LV 4/30/08 2:54 PM Case#...... 160704691 C & K Market Inc/Rhoads Bob Status Closed Civil Fraud Case Filed Date..... 3/01/07 Starting Instrument.. Case Started Date... 3/01/07 O i Order/Transfer .. r inatin From..... At Issue Date......, g g Original filing First Setting Date.. 12/04/07 Previous Court Case#. Trial Schedul d D 06CV0807 Circuit Court e ate 2/14/08 Master Case Number... Trial Start Date ..... Relation to Master... Length of Trial ..... Amount Prayed for.... Disposition Date $.00 .... Termination Stage.... Final Order Date.... 2/28/08 Termination Type ..... Reinstated Date..... Judgment Type........ Judgment Status Judgment General Creat ...... Unsatisfied Judgment Volume/Page. ROLE PLAINTIFF ATTORNEY 1 Plaintiff C & K Market Inc Hill Emi Doing Busi Rays Food Place ly S Doing Busi Shop Samrt Food Warehouse Doing Busi Priceless Foods ROLE DEFENDANT ATTORNEY 1 Defendant Rhoads Bob - 2 DEF INAC Does 1-20 _ ROLE OTHER PEOPLE ATTORNEY 1 Reporter Audio-307 - 2 Creditor C & K Market Inc 3 Personal R Rhoads Ruth E On Behalf Rhoads Robert E II Estate Of _ ENTER DT FILE DT EVENT/FILING/PROCEEDING S 1 3/01/07 3/01/07 Order Transfer CHD DT TIME ROOM from Curry Cnty Circuit Crt 2 3/01/07 3/01/07 Issue/atCIssue Scheduled 3 4/02/07 / 3/26/07 Motion Compel Produ Scheduled 00/07 XRDY 4 / memo of points and authorities MODK 4 4/02/07 3/26/07 Affidavit inKSupporttofnMotion to compel production of 5 4/10/07 4/05/07 ResponseHill to ptf's mot to compel production DEF 1 Rhoads Bob 6 4/19/07 4/19/07 Issue/ateissue#Schedul d e INITIATING DOCUMENT 4/19/07 FILED: 030107 Related event # 7 PAGE 1 ENTER DT FILE DT EVENT/FILING/PROCEEDING 7 4/19/07 4/19/07 Notice Printed 8 4/23/07 4/23/07 Trial Twelve Person Scheduled EH / fax to follow reset to 021808 PRV- 1 Hill Emily S PRV 2 Bevans Russell D Related. event # 9 Set-Over Ptf 9 4/23/07 4/23/07 Notice of Trial 10 4/24/07 4/20/07 Reply DEF 1 Rhoads Bob 11 5/03/07 5/01/07 OrdereofeDenia# 3 re:ptf's motion to compel is denied JUD 1 Velure Lyle C. 12 11/06/07 11/05/07 OrdereofePost o 3 13 11/06/07 11/06/0 14 11/06/07 11/06/0 15 1/25/08 1/23/08 16 17 18 2/20/08 2/14/08 3/03/08 2/28/08 3/13/08 2/28/08 2/2s/o8 19 20 3/13/08 2/28/08 3/13/08 3/13/08 p nement ptf mot/trial from 120407 to 021408/gtd JUD 2 Bearden Mary Ann 7 Trial Twelve Person Scheduled SETTLED (FAX COMING) DEF 1 Rhoads Bob PRV 1 Hill Emily S Related event # 14 7 Notice of Trial Order for Withdrawal of Attorne to w/draw as atty for def DEF 1 Rhoads Bob JUD 3 Foote Gregory Journal Entry Scheduled re:ready call/settled/Ms Hill to sbmt 2 weeks RPT 1 Audio-307 JUD 2 Bearden Mary Ann Motion stipulated/to Substitute Parties Judgment General Creates Lien. Money Award/Debtor's name changed per Stipulation. Signed JUD 3 Foote Gregory Related event # 20 Judgment # 1 Closed Notice Entry of Judgment DEF 1 Rhoads Bob PRV. 1 Hill Emily S ******** END OF DATA ******** SCHD DT TIME ROOM 12/04/07 9:30 AM 1CVL 2/14/08 3/03/08 r. - ~ o/~~' i~ L~ ~ •f% Csrtlfl.d to b~ a trw Dopy d '.~ the Leut~ County OdlN --, record oorrsistl of P.g~ o~~toaii~ri °N 1 am th. opted _.____~ 3a - Circuit Court 9:30 AM 1CVL XCIV COUrrTy ~~: a STAjE/ PAGE 2 s I i 1 2 3 4 5 6 7 8 I 9 I 10 11 12 13 14 l '~ ~ ~~ Y .; S '~~~. r~' ., r~M ,_, _ ", ~~t; ~~" •« e~~~~~4 f~~ _~.. IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR LANE COUNTY C & K MARKET, INC., dba Ray's Food Place, Shop Smart Food Warehouse, and Case No. 16-U7-04691 Priceless Foods, GENERAL JUDGME 10F Plaintiff. DEFAULT (Ex Parte) 15 ~ vs. 16 RUTH E. BROADS, Executrix of the Estate of Robert E. Rhoads, II, 17 ~ ~ Defendant. 18 19 ~ Upon the Stipulated Motion to Substitute Parties and to Take a Default and good 20 ~ cause appearing therefore, 21 ~ IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff have a 22 judgment against ~ Defendant Ruth E. Rhoads, Executrix of the Estate of Robert E. Rhoads, II, in the amount of 23 ~ $199,785, plus interest at t1 ie rate of 9% per annum from April 1, 2005 until paid in full. 24 ~ //% 25 26 ~~ ~~~ u 3ARTLAND, NELSON, McCLEERY. ~~ADE & WALLOCH. P.C. Attorneys at 1.ati 44 Club Road. Suitc_'00 Post Office Box 1 1 X30 ~~~ Fueene. OR 9?440-3-030 ~~~ (~41) _ 44 21 ?4 e~ tug ~.a:,~,~,,, _ ,,,,, PAGr 1 -GENERAL JUDGMENT OF DEFAUr T (E,x Pane) w 2 ~ ~ MONEY A WARD ~ i 1 ~ Judgment Creditor: C & K Market, Inc. 3 ~ Address: 615 Fifth Street 4 ~! Brookings, OR 97415 ~ 5 ~ Creditor's Attorney: Emily S. Hill ~ ~ Address: Gartland 1\relson McCleery 6 ~ Wade & Walloeh, P.C. ~ P. O. Box 11230 ~ ~ 44 Club Road, Suite 200 Eugene, OR 97440 ~ 8 ~ 2. Judgment Debtor: Ruth E. Rhoads, Executrix of I the Estate of Robert E. Rhoads, II 9 ~ Address: 21 Meadow Drive 10 Carlisle, PA 1.701.5 ~ 3~ Debtor's Attorney: Craig Diehl I 11 Address: 3464 Trindle Road 12 Camp Hill, PA 17011-4436 ~ i 13 I 4~ Principal Amount of Judgment: $199,785 I 5~ Post judgment interest accrual information: 9% per annum from April 1 2005 14 j until paid in full on item 4 above. 15 ~~ DATED this ~' day of February 2 ~ ~ , 008. 16 ~ -- - I i 17 ~ ~~_ 18 L~~4NE COUNTY CI ~~- ~~~~~'~UDGE Submitted by: 19 ~ David Wade (OSB No. 93121) i Emily S. Hill (OSB No. 04315) ~ 20 Of Attorneys for Plaintiff 21 22 23 24 25 II 26 ~ ARTL.4ND, NELSON, McCL!F,R~', ~'ADL & \~%ALLOCH. F.C. Attorneys at taw 44 Clul Road. Suite 2(i0 Post Of ice Box ; 1 ~_ ~~ Eueene, OR 974x0-3;30 °" ' ° ~;~:"',~ ~`'°' I'AvE ? -GF_.NEF,AT JIIDGMENT OF DEFAULT (E.x I'at-te C & K MARKET, INC., d/b/a Ray's Food Place, Shop Smart Food Warehouse and Priceless Foods, Plaintiff, v. RUTH E. RHOADS, Executrix of the Estate of Robert E. Rhoads, II, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08- CIVIL TERM AFFIDAVIT PURSUANT TO 42 PA.C.S.A. 4306 C AND NOW, comes Stacey I. Gregory, Esquire, of the law firm of Pepper Hamilton LLP, on behalf of Plaintiff C & K Market, Inc., d/b/a Ray's Food Place, Shop Smart Food Warehouse and Priceless Foods ("Plaintiff '), and in support of its Praecipe to Transfer Oregon Judgment Pursuant to 42 Pa.C.S.A. § 4306, swears and affirms under the penalties of 18 Pa.C.S.A. § 4904 the following: The document titled General Judgment of Default (Ex Parte) is a true, accurate, and certified copy of the judgment that was entered in the above-captioned case in the Circuit Court for the State of Oregon for Lane County on February 28, 2008. 2• The same judgment is valid, enforceable and unsatisfied and is thus qualified for domestication in the Cumberland County Court of Common Pleas pursuant to 42 Pa.C.S.A. § 4306. 3 ~ The last known address to Plaintiff of Ruth E. Rhoads, Executrix of the Estate of Robert E. Rhoads, II is 21 Meadow Dr., Carlisle PA 17015. PEPPER HAMILTON LLP Attorney for Plaintiff Sworn to and subscribed before me this ~b~ day of MA,) , 2008 Notary ub is COMMONW~~L~r;.~~_~" ~~=NNSYLVANIA Kimberly J. 7~!~+at'~ '~otaiy Public City Of Ham~b~ira, ::i;ual~in County My Commission; - ;r,";:'~ `'~~sii 11, 2011 M~mbar, p~Yin~Y ~~~~<`~ w uiaElritl fi( Ntl1Af{@S Stacey I regory, Esq ire CERTIFICATE OF SERVICE I, Stacey I. Gregory, hereby certify that on May 16, 2008, a true and correct copy of the foregoing Praecipe to Transfer Oregon Judgment Pursuant to 42 Pa.C.S.A. 4306 and Notice of Entry of Judgment were served via first class mail postage prepaid upon the following: Ruth E. Rhoads, Executrix of the Estate of Robert E. Rhoads, II 21 Meadow Dr. Carlisle, PA 17015 Stacey I. egory _ C & K MARKET, INC., d/b/a Ray's Food Place, Shop Smart Food Warehouse and Priceless Foods, Plaintiff, v. RUTH E. BROADS, Executrix of the Estate of Robert E. Rhoads, II, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08- CIVIL TERM NOTICE OF ENTRY OF' JUDGMENT TO: Ruth E. Rhoads, Executrix of the Estate of Robert E. Rhoads, II 21 Meadow Dr. Carlisle, PA 17015 Pursuant to the requirements of Pa. R.C.P. No. 236, you are hereby notified that on M ~~ q , 2008, judgment in the amount of $199,785, together with interest thereon at the rate of 9% per annum, from April 1, 2005, until paid, has been entered against you. Date: 5~ 4~b8 ~~ Pr onotary Ruth E. Rhoads, Executrix of the Estate of Robert E. Rhoads, II 21 Meadow Dr. Carlisle, PA 17015