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Home My WebLink About08-5521IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANKLIN SYSTEMS, INC Plaintiff, Case No. OS V. DEVORE ASSOCIATES, INC., WILLIAM H. DEVORE, DONNA M. DEVORE, AND HEATHER L.E. ZIELONIS Defendants. NOTICE OF ENTRY OF FOREIGN JUDGMENT TO: DEVORE ASSOCIATES, INC. WILLIAM H. DEVORE, DONNA M. DEVORE, and HEATHER L.E. ZIELONIS 5217 Simpson Ferry Road Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that Plaintiff Franklin Systems, Inc. has the filed the judgment entered at Cause No. 2005-34757 by the 269th Judicial District Court of Harris County, Texas in the amount of $78,611.08 together with accrued interest at a rate of 5 per cent (5%) per annum from and after January 30, 2006, with this Court. The address of the Plaintiff is 12715 Telge Road, Cypress, Texas 77429. Plaintiffs attorney is Jayson R. Wolfgang, Esquire, Buchanan Ingersoll & Rooney PC, 213 Market Street, 3rd Floor, Harrisburg, Pennsylvania 17101. BY THE COURT: pza& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANKLIN SYSTEMS, INC Plaintiff, V. DEVORE ASSOCIATES, INC., WILLIAM H. DEVORE, DONNA M. DEVORE, AND HEATHER L.E. ZIELONIS Defendants. Case No. iO8 PRAECIPE TO ENTER FOREIGN JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Judgment Act, 42 Pa. C.S. § 4306, kindly enter judgment in favor of Plaintiff, Franklin Systems, Inc., and against Defendants, Devore Associates, Inc., William H. Devore, Donna M. Devore, and Heather L.E. Zielonis, in the amount of $76,111.08 plus $2,500 in attorneys' fees totaling $78,611.08 together with accrued interest of 5 per cent (5%) per annum from and after January 30, 2006, in accordance with the attached certified copies of the docket entries and judgment originally entered at Cause No. 2005-34757 of the 269th Judicial District Court of Harris County, Texas and index said judgment against the Defendants Devore Associates, Inc., William H. Devore, Donna M. Devore, and Heather L.E. Zielonis, jointly and severally. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC Y Jayson . Wolfgang I.D. #62076 Jan L. Budman II I.D. #203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 DATE: September 17, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANKLIN SYSTEMS, INC Plaintiff, Case No. V. DEVORE ASSOCIATES, INC., WILLIAM H. DEVORE, DONNA M. DEVORE, AND HEATHER L.E. ZIELONIS Defendants. AFFIDAVIT IN SUPPORT OF PRAECIPE TO ENTER FOREIGN JUDGMENT I, Scott Krueger, being duly sworn according to law, depose and state: 1. I am the Chief Financial Officer of Franklin Systems, Inc., Plaintiff in the above- captioned matter. 2. I am authorized to make this Affidavit on behalf of Plaintiff. 3. The address of Plaintiff is 12715 Telge Road, Cypress, Texas 77429-2289. 4. The last known address of Defendants Devore Associates, Inc., William H. Devore, Donna M. Devore, and Heather L.E. Zielonis is 5217 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. 5. The judgment reflected by Cause No. 2005-34757 of the 269th Judicial District Court of Harris County, Texas in the amount of $78,611.08 together with accrued interest at the rate of 5 per cent (5%) per annum from and after January 30, 2006 is valid, enforceable, and unsatisfied. S Krueger, FO SWORN BEFORE ME THIS day of Sepiernber 2008 Nam NOTARY PUBL Af,Rt•. CHARMAYNE REDD +R.. 4 Notary Public, state of Texas :- My Commission Expires DOaembe? 06, 2008 FRANKLIN SYSTEMS, INC Plaintiff, V. DEVORE ASSOCIATES, INC., WILLIAM H. DEVORE, DONNA M. DEVORE, AND HEATHER L.E. ZIELONIS Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. AFFIDAVIT I, Jayson R. Wolfgang, Esquire, hereby depose and state the following: I am the attorney for Plaintiff Franklin Systems, Inc. in the above-captioned matter. 2. Upon request to the District Clerk for Harris County, Texas ("District Clerk") for copies of the certified record, including certified copies of the docket entries and judgment in Cause No. 2005-34757 in the 269th Judicial District Court of Harris County, Texas, the District Clerk provided the certified docket entries and certified final judgment attached hereto. BUCHANAN INGERSOLL & ROONEY PC By: s?,)2 Jay n R. Wolfgang, Es &8 I.D. #62076 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 Attorney for Plaintiff Franklin Systems, Inc. SWOR>T BEFORE ME THIS of September, 2008 NOTARY PUBLIC Notarial seal t/ Christine Brody, Notary Public City of Harrisburg, Dauphin County My Commission Fires July 29, 2010 Member, Pennsylvania Association of Notaries w i E! n a e a N 0 0 ''1 0 0 x 0 L d 0 C E r x 5n 11-1 z c 7C n o r O Z 0 x J Z 0 ti fV C C 8 X Z N °z V g *-4 a -i "=S C? O - cn O? M O .Z z CA .? t= ;rs 0 4Ln N A N O O V2 0 a c N Q? ?O .a .? I, Theresa Chang, District Clerk of Harris County, Texas, certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date Witness my official hand and seal of office this August 11, 2008 19880215 (Total Pages 1) Certified Document Number: THERESA CHANG, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com CAUSE NO. 2005-34757 VC. FRANKLIN'S SYSTEMS, INC. § V. § DEVORE ASSOCIATES, INC., § WILLIAM H. DEVORE, § DONNA M. DEVORE, and § HEATHER L. E. ZIELONIS § IN THE DISTRICT COURT OF HARRIS COUNTY, T E X A S 269`x' JUDICIAL DISTRICT FINAL JUDGMENT On the „_ day of !AN 3 0 X006 _. 2006, came on to be heard the above entitled and numbered cause wherein Franklin's Systems, Inc. is Plaintiff and DeVore Associates, Inc., William H. DeVore, Donna M. DeVore and Heather L. E. Zielonis are the Defendants. Plaintiff appeared by and through its attorneys of record and announced ready for trial. The Defendants, although having been duly and legally cited to appear and answer, failed to appear and answer, and wholly made default. Citation was served according to the law and returned to the clerk where it remainedon file for the time required by law. The Court has read the pleadings and the papers on file, and is of the opinion that: 1) the allegations of Plaintiffs petition have been admitted; 2) the cause of action is liquidated; 3) Defendants are indebted to Plaintiff in the sum of $76,111.08; and 4) Plaintiff should recover reasonable attorney's fees in the amount of $2500.00, all as demonstrated by the good and sufficient evidence. It is, therefore, ORDERED, ADJUDGED AND DECREED that Franklin's Systems, Inc., Plaintiff, have and recover of and from DeVore Associates, Inc., William H. DeVore, Donna M. DeVore and Heather L. E. Zielonis, Defendants, jointly and severally, the sum of SEVENTY-SIX THOUSAND ONE HUNDRED ELEVEN AND 08/100 DOLLARS ($76,111.08) with interest thereon at the rate ?J V F ? f 7 of five percent (5%) per annum from the-date of judgment until paid, together with all costs of Court in this behalf expended. It is further, ORDERED, ADJUDGED, AND DECREED that Plaintiff have and recover , from Defendants DeVore Associates, Inc., William H. DeVore, Donna M. DeVore and Heather L. E. Zielonis, jointly and severally, the additional sum of $2500.00 in attorney's fees. Plaintiff is allowed such writs and processes as may be necessary in the enforcement and collection of this judgment. All other relief not expressly granted herein is denied. THIS IS A FINAL JUDGMENT. SIGNED this?Ay of APPROVED AS TO FORM AN ATTORNEY FOR PLAINTIFF FRANKLIN'S SYSTEMS, INC. Re ily submitted, C Nancy M. Mc y (1347250 ) P.O. Sox 777 Cypress, Texas 7410-0777 Telephone: (2 1) 256-4195 Telecopier: (281) 2564144 2 It. , , . 4 4#40 1, Theresa Chang, District Clerk of Harris County, Texas, certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date Witness my official hand and seal of office this August 11, 2008 19429550 (Total Pages 2) Certified Document Number: THERESA CHANG, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com of F- 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANKLIN SYSTEMS, INC Plaintiff, Case No.: 08-5521-Civil Term V. DEVORE ASSOCIATES, INC., WILLIAM H. DEVORE, DONNA M. DEVORE, AND HEATHER L.E. ZIELONIS Defendants. PRAECIPE TO MARK SATISFIED FOREIGN JUDGMENT TO THE PROTHONATORY: Please mark the above-captioned-matter settled, satisfied, and discontinued with prejudice. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: I.J. #62076 Jan L. Budman II I.D. #203200 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 DATE: May 29, 2009 CERTIFICATE OF SERVICE I, Jan L. Budman II, hereby certify that I am this day serving a copy of the foregoing Praecipe to Mark Satisfied Foreign Judgment upon the person(s) indicated below U.S. Regular Mail, postage pre-paid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: John R. Logan, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 Dated: May 29, 2009 OF TW 2009 JUN -1 f°`H 3* 0 j