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Home My WebLink About04-1656 Court of Common Pleas of Washington County Commonwealth of Pennsylvania Full Docket Print for Case #: C-63-CV-200I06379 Case Title: BAGEN VS CORNERSTONE Case Type: JUDGMENT FR DISTRICT ruSTICE Status: JUDGMT ENTERED Party Details PLAINTIFF # I BAGEN STEFAN 225 HIGHW A YVIEW DRIVE MCMURRAY,PA 15317 DEFENDANT # I CORNERSTONE HOSPITALITY GROUP INC 245 TOWN PARK DRIVE SUITE 500 KENNESAW, GA30144 Event Summary 11/07/2001 4538 4 JUDGMENT FR DISTRICT ruSTICE 11I07/2001 4091 5 NOTICE OF JUDG SENT-ORD MAlL JudgmentSUIDJDary Judgment seq: Judgement Date: Party Details In favor of Party P I Against Party D I 1 11/7/2001 Judgement Amt: Judgement Code: BAGEN STEFAN CORNERSTONE HOSPITAUTY GROUP INC Date: 4/1212004 $ 6,111.59 AMT (C)orp or (P)erson: P (C)orp or (P)erson: C Page] of! 04 - JIs,.!;b CLu~l '-r~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY. PENNSYLVANIA OFFICE OF THE PROTHONOTARY \ STEFAN BAGEN, ...........-....................................................................................................................... ..........................................~..~..?..~..~..!..~..!..:...;......................................................... VB. 1 No........G..Q.Q..L:.!iJ.l}........................................Term, 20............. ..C.O'.!lJI..E:.B.,S.I.O.U.E.....I:l.O.S.P...L.IA.L.I..I..Y.....!,;.If..Q.J.J.P.........UJ.c....,... Defen.dant. -.............................................. ................................................................................ I CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, PH Y L LI S RM, K 0 r.1A THE N Y of the Court of Common Pleas of Wash;ngton County, Pennsyhania, do hereby oertify that 1he following is a -true, correct and full copy of the docket ent.ries in the above captioned <laSe: [ further centify thail: judgment was entered m favor of.......:?.IJ...f..r:..N.....~.!.\.!iJ.U.............................................................................................................. and againstC.Q.B.H.E.RSIO.tLL.H.O.SP..I.IALI.I.y....G.B.O.U.P.......l.illC............on the...?.!.b.............day of.....~9.n!1.~.t~..........................fQ Q.L......, in the above captioned case in ,tl],e amount of $.~../..:Ln...:..??...................... IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court, on the......t~..!.~..... day of.....~.~..~.!...~........................................................A. 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'O'r.A1 ,.A1\OTHONOT 'L """ . do.'''.' n.i" \.'" . f y Te Expires First Monday in JanualY, 20j ~ ~ ij C"-J G," ':i .. ~~ '-..;~) rl ~t .. ~ '.-- "'-:: ~ ~ Ct- _...- 0" J (~.;:~ 0"", ~ \) ........ }.! 0 ~ ":# i 0 ~ "" (:i ~ I oi ..... i w '-" <: c:l <: "'- w l- V) 1 \ 4- 4- .~ -l-' c .~ r.l ~ 0- \ \ 0"1: r--i M! 0...0: I! c:;tt 0: 01 N: o Z u - ~ ~ 0.": ::::>: a! 0:1 (!J! >-i I-! -i ---.J: <1 I-i -, oJ V)i 0: ::r::: ~i 0: 1-1 lni 0:::: wi z: o:::! oi U! ..-'. d roi -oj Co OJ! 4-: wi 1 i i til- ~Z Uu.I O~ CCJ C :;:) ~ i m: ~:1 :=~ l ...-li -, I..,D! .,;. ..... o Zc Oz -< ~ U~ - - .....D:: -I- tz u.Iu.I U i \ en! ~ " o"'li ~\ .,;. ~ ,... ...; .=1 o Q. i 01 ...-Ii \ .,;. jIl ., 8 o u " ~ ] ., ~ 'tl 8 Q) p:; :E b l~ ! .~ .: @ 0"1 ~ u) i '"' wi.2 =t>> ...; Q,l o e -' ~ . <: -' OJ Z w :c 0- w l- V) IN THE COURT OF COMMON P]['EAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEFAN BAGAN, Plaintiffi'Respondent v. NO. 2004 - 1656 CNIL TERM CORNERSTONE HOSPITALITY GROUP, INC., DefendantlPetitioner CNIL ACTION - LAW PETITION TO OPEN JUDGMENT/STRIKE JUDGMENT AND NOW, this 14th day of May, 2004, comes the DefendantlPetitioner, Cornerstone Hospitality Group, Inc., (hereinafter "Cornerstone"), byits attorneys, Hanft & Knight, P.C., and files a Petition to Open Judgment/Strike Judgment, in support of which the following statements are made: I. The Petitioner/Defendant, Cornerstone, is a foreign corporation with its offices and principal place of business at 245 Town Park Drive, Suite 500, Kennesaw, Georgia 30144. 2. The RespondentIPlaintiff, Stefan Bagan, is a resident of the Commonwealth of Pennsylvania residing at 225 Highwayview Drive, McMurray, Pl~nnsylvania, 15317. 3. Judgment in this matter, in the amount of$ 6,111.59, was entered in favor of the Respondent on November 7, 2001 in the Court of Common Pleas of Washington County, Pennsylvania, and, subsequently, transferred to the Court of Common Pleas of Cumberland County, Pennsylvania where the judgment was entered on April 16,2004. A copy of the Notice of Judgment is attached hereto as Exhibit "A" and incorporated by reference as if set forth fully herein. 4. Cornerstone management did not become awarl~ of this matter until receiving said Notice of the Entry of Judgment in Cumberland County on or about April 19,2004, upon which Cornerstone immediately took steps to defend itself in this matter. I. PETITION TO STRIKE JUDGMENT 5. Paragraphs I through 4 above are incorporated herein by reference. 6. On or about August 16,2001, the Respondent filed a civil Complaint in the office of District Justice James C. Ellis, Magisterial District No. 27-3-01, County of Washington, Commonwealth of Pennsylvania. A copy of the Respondent's Civil Complaint is attached hereto as Exhibit "B" and incorporated by reference as if set forth fully herein. 7. Said civil Complaint was brought against Cornerstone and alleged a failure to pay wages. 8. Notice of said civil Complaint was sent via certifi,~d mail to Cornerstone and receipt thereof acknowledged by a Cornerstone employee; however; said employee, however, failed to give the Notice to an officer of Cornerstone who would have taken appropriate action. 9. Consequently, Cornerstone failed to attend the hearing before District Justice Ellis which occurred, as scheduled, on October 4, 200 I. 10. As a result of Cornerstone's non-attendance at the District Justice hearing, a default judgment was entered in favor of the Respondent on October 4,2001. II. Cornerstone believes and therefore avers that, following the entry of the default judgment, notice was sent by the office of District Justice EIIJis to the Respondent but not to Cornerstone. 12. Cornerstone did not receive notice of judgment/transcript from the office of District Justice Ellis following the entry of judgment in favor of the Respondent. 13. The failure to notify Cornerstone of the entry ofj udgment constitutes a formal defect in the judgment. II. PETITION TO OPEN JUDGMENT 14. Paragraphs I through 13 above are incorporated herein by reference. 15. This Petition to Open Judgment is being timely filed, having been filed within the 30- day period prescribed by Pennsylvania Rule of Civil Procedure 2959(a)(3). 16. The Petitioner has a valid and meritorious defcmse to the claim set forth by the Respondent, as set forth below: (a) In his District Justice Civil Complaint, the Respondent alleged, with no further elaboration, "Failure to pay wages - payable 2/00," and included a citation to "43 P.S. S 260.1 et seq." (b) The Respondent's Civil Complaint provided no detail, basis, or documentation to support a claim for outstanding wages. (c) The Respondent was, in fact, employed as a Controller by Cornerstone at its NW Inn and Conference Center in Minneapolis, Minnesota, as an "at-will" employee, at a monthly salary of approximately $5000.00. (d) The Respondent was terminated, with cause, by the General Manager of Cornerstone's NW Inn and Conference Center. (e) At the time of said termination, all monies due to the Respondent had been paid in full and the Respondent was not due any outstanding wages. 17. The Petitioner denies any and all claims made by the Respondent to the effect that Cornerstone has unfulfilled obligations to the Respondent, wage-based or otherwise. WHEREFORE, the Petitioner prays that this Honorable Court: (a) Strike the Judgment entered in favor ofthe Respondent; or, in the alternative, (b) Open the Judgment, allow the Petitioner to enter a defense, and, following trial, require the Respondent to reimburse the Petitioner for the costs and expenses of this action, to include reasonable attorney's fees. Respectfully submitted, HANFT & KNIGHT, P.C. ---- I iam A. Addams, Esquire Attorney LD. No. 06265 James L Nelson, Esquire Attorney LD. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Counsel for DefendantlPetitioner EXHIBIT A 05/12/2004 16:16 FERGUSON SCHETELICH 8. BALLEW PA -t 11'172490457 APR'Z~'O' 08:28 . FIll>>oCONERSTONE HOSPITALITY -&71766'801 NO.860 007 H8S P.QQ31OO6 HTO IN THE COURT OF COM:MON PLEAS OF CUMBERLAND COUNTY. PENNSYL V ANlA STEFAN BAGEN, Plaintiff. CIVIL DIVISION No. '<$. CORNERSTONE HOSPITALITY GROUP, INC., Defendant. NOTICE OF JUDGMEN':[ To: Cornerstone Hospitality Group, Inc. 245 Town Park Drive SUite 500 Kennesaw. GA 30144 You are hereby notified that a JUdgment was entered in the above-captioned proceeding on April J.b... 2004. The Judgment is as follows: Principal: Interest from. 11/07/01: o' - Cost~ TOTAL: $6,111.59 to be det=ined to be determined ~, together with interest and costs '--- --:/J;a,.g JP 7llA~- .Deputy \\C0M\40365'1.1 05/12/2004 16: 16 . FERGUSON SCHETEL I CH. & BALLEW PA -+ 1'7172490457 APR-2~a4 08:28 FlllllHONUSTOIIE HOSPITALITY +578761;'801 1'().860 006 T-m p 00ZlO06 F-I TO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA STEFAN SAGEN, Plaintiff, CJVU.DMSION No.OJ..J-/('SL (J~~{~~ VS. CORNERSTONE HOSPITALITY GROUP. INC., NOTIa: OF JUDGMENT Defendant Filed on Behalf of Plaintiff. Stefilll Ba.gen COUttsel c'! Recore! for This Party: StephQll J. Laidhold, Esquire Pa. I.D. No. 10469 MCGUIRE WOODS LLP Finn No. 363 Dominion Tower - 23,dPloor 625 Uberty Avenue Pittsburgh, PA 15222 Phone: (412) 667-6000 ..... ...- \\COMI4ClJGS1.1 EXHIBIT B 05/12/2004 16: 16 FERGUSON SCHETELlCH & BRLLEW PR -+ 1'7172490457 NO. 860 e4/29/2ee4 12: 17 7249428355 D J JAME:; C ELLIS PAGE . . QOMMONW!:AL. ~ OF peNNSYLVANIA CIVIL COMPLAINT . . COUNTY OF: D~lHIOIl _Cllll.NL: --27-3-01 D.I__ .DDS Co. BWlaJ:8 - 501 ~ BQAD .. SUXft 105 8'oa.O"ICE USi O~LY " AMQUNT 9,.TI PAlO I FII..INQ CC&TS $I '13:SO S' I UJI f) 8&fMNGC;O$TS s" g. IV I I f TQTAl. S I I ...... ",' TO THE DEFENDANT: The above named plaintiff(s) asks Judgment against you lor $.. L;" 0 /1. 0'1 together with costs upon the follQwlng oIalm (CMI fines must In,Qlude citation of the statute or o!'d!l\anc.e violated): +C.OL\.Yt 8lJh.... l~kjf,.s~+C!l~-41 fi-e.r+ /...ijw4J.J,w km.~tI F"rM\\krt h, f~ ~~l . Lj3 P.~, J 1-bO.) e-.J. .tQ.~.. ~I._."Y, PA T_ (12'1941-1015 1531'7-0000 ~'f~l'~f~ ~ . .s lJ6 L.P . . .. Q;.\ 3"l>/'t-1 ~J . " 1;112 e2 Pl.AINT1FF: . _......0.- - r S+tf~~ ~P1'""" . i'J..r ,flwIfJ1"~ l>t '- Mt..Mw:';1~!. PA_!~~7 DEFeNDA/lIT: ___ rcoY'~tr',f ~ 'It ~~;~'6 ~'1' JI'C; I~OO CI'Y'dt llPOl.rlw~ !le. No ~fJIlMIhA., (;..A, J01)Q 1"-"'" l.fl<IMI Date Flkid: 'b. IlP 0 I POR (~enCE USE ONLY 'i ." . PII~iXJbliJo'o':'>~ ~.~ , .;.~.. ~to t,.~f ~~edge, Informatlon, and beJ~~::= ~~:~bj~:n~:n~7e~:' ard Sedion 4904 of the Crimes Code (18 PA. S.C.A. 84904) related to unnlOm falllflcallpn to authorities. ,t"/v"'1I-'lN, '. (~r.~~ telephone numbe~ ~~ T;'lf.--.... ~ IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPlAINT, NOTlF:V THIS OFFICE IMMEDIATELY AT THE ABO TELePHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND iPRESENTYOUR DEFENSE. UNLESS YOU r: Jl,IDGMENT WIll. BE ENTERED AGAINST YOU BY DeFAULT. If YIlU l'tave a Claim againll the plaintiff which 18 WfthIn dletrlGt JUIlIce ]UrtadIclIon and which you Intend to ~en at.~ ~~~,~~ !!'.~f!'!.~ ~n_t~~.!'!~~"!' .!~~~..~~I~.~J5J~ .~!! CERTIFICATE OF SERVICE AND NOW, this 14th day of May, 2004, I, James 1. Nelson, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Stephen J. Laidhold, Esquire MCGUIREWOODS, LLP Firm No. 363 Dominion Tower - 23'd Floor 625 Liberty Avenue Pittsburg, PA 15222 IGHT, P.C. ~ ames 1. Nelson, Esquire Attorney ill No. 91144 19 Brookwood AV1enue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 (") <-.> ('-- c:-:> 0 c.:"' .r- -0 5-':: .--l :I~. _..~ rl1,_''':- -"i"n ..,- :5'jJ (~~t.) -0 ~5:D , , -- -,:;,.cJ ,"- Gin ~,.. ~.... - , _._l f''' -( ::u 0 -< r SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01656 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BAGEN STEFAN VS CORNERSTONE HOSPITALITY GROUP And now RON KERR ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:05 Hours, on the 3rd day of May , 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CORNERSTONE HOSPITALITY GROUP INC , in the hands, possession, or control of the within named Garnishee WACHOVIA BANK EAST HIGH STREET CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JILL MANLEY (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So fns~l"~~~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me t hi s /3 -a... day 0 f 1f'l..c. V"'" ~ooy A.D. F .A- ~;- ~~j.~ ~ ~<6 - .llR:: U Prothonotary I -'(j By t.PhtY Lbu- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: STEFAN BAGEN ( ) Confessed Judgment ( X) Other File No. 04-1656 Civil Term vs. CORNERSTONE HOSPITALITY GROUP, INC. Amount Due $ 6, 111 .59 Interest from November 7. 2001 vs. Atty's Comm Costs to be determined WACHOVIA BANK, Garnishee TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, Cornerstone Hospitality Group, Inc., 245 Town Park Drive, Suite 500, Kennesaw, GA 30144 FEIN 56-1770184 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Wachovia Bank, 12 East Market STreet, Carlisle, PA 17013 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date April 26, 2004 Signature: Print Name: Address: ~fiJt/ Stephen J. Laidhold McGuireWoods, 625 Liberty Avenue 23rd Floor Dominion Tower Pi ttRhl1T!~h. PA ] ';222 Attorney for: Telephone: Supreme Court 10 No.: Plaintiff 412/667-7921 10469 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ n + it ~ "- '- & \" ~ ~ ~ ~ W (') \Iv l g - ~ ~ fl...., ~~ d ~ ~~ ~ :"v C- O r ).)~ ~oCl) . . . C lrt 6C() I I , rfE! ~~ (') ..... ~ = c = ~;: ,&- "TJr:,.l :> :r I'~-; , -" rn:D -:'7 ;:;0 -or.;:; ,< f',) ~J - :u~ r-"'(: co ~- ~ ,. -0 --::l:l '^..-. ~~;~~ ::11: 9(') N om 2"" --l '3 Ul }>' .D ~ 0" -< WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1656 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STEFAN BAGEN, Plaintiff (s) From CORNERSTONE HOSPITAL TIY GROUP, INC., 245 TOWN PARK DRIVE, SUITE 500, KENNESAW,GA30144 FEIN56-177-184 (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofW ACHOVIA BANK, 12 EAST MARKET STREET, CARLISLE, P A 17013 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) Ifproperty 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 $6,111.59 Interest FROM 11/7/01 L.L. $.50 Atty's Corom % Atty Paid $38.00 Plaintiff Paid Date: APRIL 28, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthonotarY. em. ~: ~.Q-,.". P. "'{CU~.,...r--- Deputy REQUESTING PARTY: Name STEPHEN J. LAIDHOLD, ESQUIRE Address: MCGUIRE WOODS, 625 LIBERTY AVENUE 23RD FLOOR DOMINION TOWER PITTSBURGH, P A 15222 Attorney for: PLAINTIFF Telephone: 412-667-7921 Supreme Court ill No. 10469 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ MAY 1 9 2004 STEFAN BAGAN, Plaintiffi'Respondent ( v. NO. 2004 - 1656 CIVIL TERM CORNERSTONE HOSPITALITY GROUP, INC., Defendant/Petitioner CIVIL ACTION - LAW - "~ AND NOW, this~dayo to Strike Judgment, a Rule is hereby nted entered against the Petitioner should not be RULE , 2004, upon consideration of the within Petition p n the Respondent to show cause why the Judgment cken. R7aREW;;;7'. ~ . i.~5~-,r1 ~I!.-C-l , l,r. By the Court, r. . ti -at t~ .f ~.. ~~{ "" c" :t " () \:/,:r'~;\iAi/"~iy,r'~.:.:.::j.,. ~..... I J \rr;(i'" I'",',r., '~ii'J1 \) ^.r~11I 1,..,__ '. o ~ :2 lJd /2), VlJ 700Z 1\""'\_0 r"';,",I/"Jj In;.,id ,jj!-ll dO ^UIr..l.lji\\...., Uv,- 38!:1:10-031I:l SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN vs. : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND CORNERSTONE HOSPITALITY GROUP,INc. and : NO. 04-1656 W ACHOVIA BANK, N.A., GARNISHEE RNTRV OF APPRARANl;F TO THE PROTHONOTARY: above-captioned matter. Kindly enter my appearance on behalf of Wachovia Bank, N.A., Gamishee, in the Date: ,11vV .SIRLIN ey for Garnishee g -~ "'" -ClG~ cr)f~:':. ?-= r-'- Z.. (1);0. ::c ~:. ~C., };c: ~L; :P' ~; ,?->; ~ ~ ~ ::It ~ N ,J;" -0 ~ ~ ~~ i1'\r ~~ ~=H ~o 5(1'1 0~ - ~~ o "" o . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEFAN BAGEN, Plaintifti'Respondent : NO. 2004-1656 CIVIL TERM CIVIL ACTION - LAW v. CORNERSTONE HOSPITALITY GROUP, INC., Defendant/Petitioner PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO OPEN JUDGMENT/STRD(E JUDGMENT AND NOW comes the Plaintiff, Stefan Bagen ("Bagen"), who, by and through his attorneys, Thomas A. Beckley, Esquire, Thomas S. Becldey, Esquire, and Beckley & Madden, of Counsel, files this Answer to Defendant/Petitioner's Cornerstone Hospitality Group, Inc.'s ("Cornerstone"), Petition to Open Judgment/Strike Judgment, and, in support thereof, avers as follows: I. After reasonable investigation, Bagen is without information or knowledge sufficient to form a belief as to the matters asserted in paragraph I of Cornerstone's Petition, therefore such allegations are denied. By way of further response, it is admitted that Cornerstone has an office located at 245 Town Park Drive, Suite 500, Kennesaw, Georgia 30144. 2. Admitted. 3. Admitted. By way of further response, District Justice James C. Ellis had originally entered judgment in favor of Bagen on or about October 4, 200 I. By way of still further response, the principal amount of the judgment IS for $6,111.59. The judgment also includes interest and costs. 4. Denied as stated. Upon information and belief, District Justice Ellis' office mailed a copy of the judgment to Cornerstone on or about October 4, 200 I. Upon information and belief, the Prothonotary for Washington County, Pennsylvania, pursuant to Pennsylvania Rule of Civil Procedure 236 also provided notice of the entry of judgment to Cornerstone sometime in November, 2001. By way of further response, Cornerstone received a copy of the Complaint on September 10, 2001, therefore, it should have known that a lawsuit was pending and/or that a judgment had been entered against it. I. PETITION TO STRIKE JUDGMENT 5. Bagen hereby incorporates paragraphs I through 4 of this Answer as though set forth here at length. 6. Admitted. 7. Admitted. By way of further response, Bagen's suit was actually for out-of-pocket expenses he incurred while employed by Cornerstone. 8. Admitted in part and denied in part. It is adlnitted that notice of Bagen's lawsuit was provided to Cornerstone via certified mail on or about September 10,2001. After reasonable investigation, Bagen is without information or knowledge sufficient to form a belief as to whether Cornerstone's officers received notice of the suit. To the best of Bagen's knowledge, at the time Cornerstone received notice of the suit, Cornerstone's 2 office consisted of approximately six (6) employees, at Ileast three (3) of whom were officers. The employee who actually signed for the certified mail is the sister of the president of Cornerstone and worked for the ChiefFinancia.l Officer. 9. Admitted in part and denied in part. It is adrritted that Cornerstone did not attend the hearing before District Justice Ellis on October 4, 2001. It is denied that Cornerstone's failure to attend the hearing was on accourlt of a lack of notice. To the contrary, Cornerstone received valid notice of the lawsuit. See Pa.R.C.P.DJ. No. 310(4) ("Service of the complaint upon a corporation or similar entity shall be made...( 4) by mailing a copy to the regular place of business of the corporation. The return receipt shall show that the complaint was received by the corporation"). 10. Admitted. 11. Denied as stated. Upon information and belief, the District Justice's Office mailed the Notice of Judgment to Cornerstone, and the Notice of Judgment was not returned to the District Justice's office. Furthermore, Comerstone had proper notice of the lawsuit (via certified mail) and should have known that a judgment would have been entered against it if it did not attend the hearing. 12. After reasonable investigation, Bagen is without information or knowledge sufficient to form a belief as to whether Cornerstone recl~ived notice of the judgment. Upon information and belief, however, the District Justice mailed the Notice of Judgment to Cornerstone. By way of further response, Cornerstone has not denied that it received notice of the entry of judgment from the Court of Common Pleas of Washington County, Pennsylvania, in November, 2001. By way of further answer, the Rule 236 Notices mailed by the Washington County's Prothonotary's Offiice were not returned to the 3 Prothonotary's Office, and it appears that on the copy of the judgment attached hereto as Exhibit A that the notice of the judgment was mailed to Comerstone.1 13. The averments contained in paragraph 13 of Cornerstone's Petition constitute a conclusion of law to which no response is necessary. II. PETITION TO OPEN JUDGMENT 14. Bagen hereby incorporates paragraphs I through 13 of this Answer as though set forth here at length. 15. The averments contained in paragraph 15 of Cornerstone's Petition constitute a conclusion of law to which no response is necessary. By way of further response, the thirty (30) day time period contained in Rule 2959(a)(3) applies to judgments entered by confession. This Rule does not apply in the present case because Bagen did not obtain a judgment by confession against Cornerstone. Finally, it is denied that Cornerstone acted in a timely manner in this case. To the contrary, Bagen's judgment against Cornerstone was entered nearly two and one-half years prior to Cornerstone taking any action to defend itself. 16. It is denied that Cornerstone has a valid and meritorious defense to Bagen' s claim. To the contrary, Bagen is owed the full amount claimed. Ian the second page of the judgment (this is on the back page of the judgment contained in the Prothonotary's Office), there is a notation which says "Ltr sent" presumably referring to the notice of judgment being sent to Cornerstone. 4 a. The allegations contained in paragraph 16(a) of Cornerstone's Petition reference a written document which speaks for itself. b. The allegations contained in paragraph 16(b) of Cornerstone's Petition reference a written document which speaks for itself. c. Admitted. d. Admitted in part and denied in part. It is admitted that Cornerstone terminated Bagen, however, it is denied that it did so "with cause." By way of further response, regardless of whether Bagen was terminated with or without cause, Cornerstone owed Bagen the principal amount claimed at the time of his termination. e. Denied as stated. At the time of his tennination, Bagen was owed the principal amount of$6,1 I 1.59. 17. No response necessary. To the extent a response is deemed necessary, Bagen denies that Cornerstone has fulfilled all of its obligations to him. To the contrary, Cornerstone still owes Bagen the principal amount of$6,111.59, plus interest and costs of suit. 5 WHEREFORE, Plaintiff/Respondent, Stefan Bagen, respectfully requests the Court to enter an Order denying Defendant/Petitioner, Cornerstone Hospitality Group, Inc.' s, Petition to Open Judgment/Strike Judgment. DATED: June 9, 2004 Respectfully submitted, Of Counsel 2~ 1/~1f1 Thomals A. Beckfey, Esq ire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 ::;~ r ~/ Thomas S. Beckley, Esquire Attomeys for Plaintiff/Respondent Stefan Bagen 6 JUN-9-2004 09:49 FROM:CHERISH INVESTIGATIo (724) 941-9769 TO: 17172333740 P.2 VERIFICATION I, Stefan Bagen, hereby verify that I am an adult individual, that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification t.o authorities. ~ Stefan Bagen EXHIBIT i\ 0'6/09/200'.4 12: 11 FAX 724 941 6047 GIANT EAGLE #70 1/!I002 STSPAN BAGEN 225 HIGBWAYvIBW DRIVE MCM1JlUlAY, PA 15317 FILED NOTICE! OF JUDGMENTrrlilANSCRIPT CIVIL CASE . PLAINTIFF: tlAMeo..ACOIIiIlI . fBAGBN, STEPAN . .., 225 JUCDlWAYVIBW D1UVB: t1q MCMOBRll.Y, PA 15317 . ( l.?Jr L I)~O ~ VS. if'" DEFENOAN1': HAMl!o..ADClAEa& . IcoRHBR:STORB . BOSPITALI'l'Y ilGRotTP, IRC ..., 245. TOWN pARK DltIVB SUXTB 500 ~SAW, GA 30144 Docket N(),: CV-0000240-01 Date Filed: 8/16/01 .J COMMONWEALTH OF PENNSYLVANIA COUNTY OF: WASHINGTON Mag. Ohol. No.: 27-3-01 CJNamo: HoI\.. JAMBS C. ELLIS _.: 501 VALLBYBBDOK ROAD SUITB 105 MCMt/RRAY, PA T_"O'", (724) 941-1015 15317-0000 NOV 0 7 2001 .J L~_ ~ THIS IS TO NOTIFY YOU THA T~ Judgment [iI Judgment was entered for: (Name) [iJ Judgment was entered against: (Name) P.R. MATHENY f>.ROTH.9NOTARY pRFADLT ;TTlTlm.fIi:NT .pT.TlP 'AJU2'1n1 J ~M1I!'ri'a.'U C!n'RN'RRArrnM'R Rn~PT"'7&.TITIJIY t1~nTTD r T1a~ in the amount of $ h _ 111 C;Q on: (Date of Judgment) 1n/n4/n, o Defendants are jointly and severally liable, o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 Of 1996 $ Amount of Judgment ::$ 6.013.09 Judgment Costs $ 98.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total :$ 6.111.59 Post Judgment Credits ' $ Post Judgment Costs $ =========== Certified Judgment Totali; $ o This case dismissed without prejudice. o Levy is stayed for days or 0 generally stayed. o Objection to levy h~S been filed and hearing will be held: Date: . Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL wITHIN 30 DAYS AFTER THE e.NTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF 1'HE COURT OF COMMON PLEAS, CIVIL DIVISION,. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT I'ORM WITH YOUR N01'ICE O~; APPEAL. II) .,lu J Date , District ,Iustlce I certify that f'S is a true an II'" ')-0 ~ Date "' Of the r~cord of the prooee,dings containing the judgmel~t. , District ;!ustice nday of January. 2006 SEAL ........,.. ""<Ie:' no CERTIFICA TE OF SERVIC1!J: I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing docwnent was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAlL. William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 DATED: June 9, 2004 ~~=-=.4/ Thomas S. Beckley rj ...., C) c:.;;> ~ c.:::! .1 "~ --I ~- .-'- :n rn ,-- -n fT'! -,--, C"J C) :::;: 1, ..! ~;..... , -:.7 -. ~r,J -- ( -~l ~~,j , n f".,) -, - " C) -, uj -< SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INC. : NO. 04-1656 and WACHOVIA BANK, N.A., GARNISHEE ANSWRRS TO TNTRRROGATORTRS TN ATTACHMRNT TO: STEFAN BAGEN, Plaintiff 1. No. 2. Defendant has no assets available for execution pursuant to a previous attachment for a Writ of Execution captioned: Stefan Bagen vs. Cornerstone Hospitality Group, Inc., filed in Cumberland County Court ofConunon Pleas #04-1657, served on Wachovia Bank, N.A., on or about May 11,2004. 3. - 6. No. 7. See answer to number two above. (\ \ \ \ 1 JON Atto ~y for Garnishee Dated: (P/;7/rif , I WACHOVIA \\"adlOvia Bank. :\" A. P.O. Box B66'7 Phililllt.\,dlia. Pt'IIIl~~-I\"allia 191{II-Hfl{)-; Veri tication Kathleen Gurmley, being duly swom according to law, deposes and says tbat she is the Writ of Execution Administrator of Wacho\'ia Bank, N .A. Gamishee herein. and \'erilies that the statements made in thc foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Gamishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section .j<)()4, relating to swom falsitication to authorities. Kathleen Gormley Manager Dated C. .; I. ,;) V , 0 ....., 0 -:::;::'I ,-- ~:; ., . .-< '-- .,- C. nl ... :,:;.r; ;:=::: -0 in 1'0 ="9 ~ " .~ ~::j~~ -ry ,....., -1~ _n /.... (:) ;-n N c) U"\ ~.~J -< (.1'1 -< SIRLIN GALLOGLY & LESSER., P.c. By: Jon C. Sh"lin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 o Attorney for Garnishee STEFAN BAGEN : COURT OI' COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INe : NO. 04-1656 and W ACHOVIA BANK, NA., FORMERLY KNOWN AS FIRST UNION NATIONAL BANK, GARNISHEE To: Stephen J. Laidhold, Esquire Dominion Tower- 23rd Floor 625 Liberty Avenue Pittsburgh, P A 15222 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. X PRAECIPE FOR RULE OF NON PROS JUDGMENT BY DEF AUL T MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATION JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEF AN BAGEN vs. CORNERSTONE HOSPITALITY GROUP,INC. and W ACHOVIA BANK, N.A., FORMERLY KNOWN AS FIRST UNION NATIONAL BANK, GARNISHEE PR A li',C'TPE TO THE PROTHONOTARY: : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 04-1656 Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wachovia Bank, N.A., formerly known as First Union National Bank under Rule 3,143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wachovia Bank, N.A., formerly known as First Union National Bank. Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFANBAGEN : COURT 01F COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INC : NO. 04-1656 and W ACHOVlA BANK, N.A., FORMERLY KNOWN AS FIRST UNION NATIONAL BANK, GARNISHEE pTTT ,E TO THE PROTHONOTARY: AND NOW, this Lday 0(0 d ' to seek judgment against Garnishee, Wachovia Bank, N.A., formerly known as First Union National Bank, under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against , 2004, a Rule is hereby granted upon Plaintiff ~'J~ Plaintiff. 5~~'-: :.;;.: ~..i -( I'-> c.~ = ....- C.) (,0.') ~i~l I co 5~: ....0 (..) "" SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire ,. Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, P A 19102 (215) 864-9700 Attorney for Garnishee : COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STEFAN BAGEN vs. CORNERSTONE HOSPITALITY GROUP,INe. : NO. 04-1656 and WACHOVIA BANK, N.A. GARNTSHFF To: Stephen J. Laidhold, Esquire Dominion Tower- 23rd Floor 625 Liberty Avenue Pittsburgh, PA 15222 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. X PRAECIPE FOR RULE OF NON PROS JUDGMENT BY DEFAULT MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON A WARD OF ARBITRA nON JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire . Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN vs. CORNERSTONE HOSPITALITY GROUP,INC. and W ACHOVlA BANK, NA GARNTSHFF TO THE PROTHONOTARY: PR A RCTPR COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 04-1656 Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wachovia Bank, N.A., formerly known as First Union National Bank under Rule 3I43(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wachovia Bank, NA., formerly known as First Union National Bank. Date: J I ! \ , JON C. LIN Attorney for Garnishee r? ....., C:-.J C) c...;::> c.r> -n ". ::rJ" --0 ;".;;J rn-. f--.. t -r"'rn -.J i'~ 'i' :::"~C) --0 .....-, :3: (3 ~~:,~ , '.,'" I ;;: N c:):T1 --, .:~ ..,- )> ::.J \.0 .< SIRLIN GALLOGLY & LESSER, P.c. .By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs, CORNERSTONE HOSPITALITY GROUP,INC. : NO. 04- 1656 and W ACHOVlA BANK, NA GARNTSHFF RULF: TO THE PROTHONOTARY: AND NOW, this ~ay of ----1),\:':, l, , 2005, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Wachovia Bank, N.A., formerly known as First Union National Bank, under Rule 3I43(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. iP. PRcrf1ioN Y SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INC. : NO. 04-1656 and WAf:HOVTA RANK, N A GARNISHEE To: Stephen 1. Laidhold, Esquire Dominion Tower- 23rd Floor 625 Liberty Avenue Pittsburgh, PA 15222 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. X JUDGMENT OF NON PROS JUDGMENT BY DEFAULT MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON A WARD OF ARBITRA nON JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS piAl /0$ SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFAN BAGEN : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INC. : NO. 04-1656 and W ACHOVIA BANK, NA, FORMERLY KNOWN AS FIRST UNION NAnONAL BANK GARNISHEE PRAF.ClPR TO F,NTRR .nIDGMRNT OF NON PROS TO THE PROTHONOTARY: Kindly enter a Judgment of Non Pros in favor ofWachovia Bank, N.A., formerly known as First Union National Bank Garnishee and against Plaintiff, STEFAN BAGEN, for failure to enter judgment against the Garnishee within twenty days after service of a Rule to seek judgment against Garnishee under Rule 3l43(g) or to place the issue between Plaintiff, Defendant, and Garnishee upon the list for trial. Dated: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee STEFANBAGEN : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. CORNERSTONE HOSPITALITY GROUP,INC. : NO. 04-1656 and W ACHOVIA BANK, N.A., FORMERLY KNOWN AS FIRST UNION NATIONAL BANK GARNISHFE CRRTTFWA TR OF SERVICE JON C. SIRLIN, being duly sworn according to law, deposes and says that he is counsel for the Garnishee, Wachovia Bank, N,A., formerly known as First Union National Bank, that he is authorized to and does take this affidavit on its behalf and that he served a Praecipe and Rule pursuant to Pa.R.C.P. 3l43(g) to Enter Judgment or suffer judgment of Non Pros, upon Stephen L. Laidhold, Esquire, counsel for Plaintiff, by letter dated April 7, 2005, which was sent via certified mail and that Exhibits "A" and "B" attached hereto are true and correct copies of the transmittal letter addressed to Plaintiff's counsel and the certified mail return receipt. ( if) /j JON C. SI Attorney fo~ arnishee Date: \ ~ ~ \ II tS1 ~ I\ ~ I sg! g ~ld l tS1 000 ~ C3 \Y,\\l ~ 00\ =r \ . C3 . "' ~ 1 _ -G-o \ ~ c;:i ,\-j \ . \,h\ ]~~ ~ ti\\lt ~fs!j\ 11 ~l~\'\' C"" %>"% 1\ ~ ~l\~li.\S V 8 Sl ,i ~ \"''i~q s::. - -9 d ~~ ~ . ~~t\ 5 ~ fr~\-0, ~ \1 ~ ..~$<o:15~A--C>CDA- !... . .. .:c./JD:? c?- ~ ol ~ SIRLlN GALLOGLY & LESSER 1\ PROFESSIONAL CORPORATION ATrORNEYS AT LAW PENNSYLV ANIA OFFICE 1529 WALNUT STREET SUITE 600 PHILADELPHIA, PA 19102 (215) 864-9700 FAX (215) 864-9669 JON C. SIRLIN TIMOTHY A. GALLOGLY PETER A. LESSER'" JOHN D. BENSON- SUSAN J. KUPERSMITH'" t DANA S. PLON* DOROTHY ANNE HAMILL. JANESA URBANO JERRY 1. DREW*'" LAURIE TILGHMAN* NEW JERSEY OFFICE 102 BROWN1NG LANE BUILDING C CHERRY HILL, NJ 08UD] (856) 616-1900 FAX (856) 216-7459 *PA&NJBhR "* PA& NY BAR t COUNSEL April 7, 2005 Stephen J. Laidhold, Esquire Dominion Tower- 23rd Floor 625 Liberty Avenue Pittsburgh, PA 15222 Re: Stefan Bagen vs. Cornerstone Hospitality Group, lnc. and Wachovia Bank. N.A., fonnerly known as First Union National Rank Gamish<'R Dear Mr. Laidhold: I enclose a copy of the Praecipe to Enter Rule against Plaintiff pursuant to Pa.R.e.P. 3I43(g) to either seek judgment against Garnishee or to place the issue between Plaintiff and Garnishee upon the trial list, which Rule was recently filed with the Court. The purpose of this proceeding is merely to enable my client and I to close our files in this old attachment. Under the circumstances, I would appreciate your signing the enclosed Order to Discontinue Attachment Execution. If this is agreeable with you, please sign the enclosed Order and return to me for filing with the Court, However, if you do not respond promptly and appropriately, I will enter a Judgment of Non Pros against Plaintiff at the earliest opportunity. Thank you for your anticipated courtesy and cooperation. PLEASE DIRECT ANY INQlliRIES TO - 215-864-9700, EXT. 33. Sincerely, JON e. SIRLIN \<Imp Enclosure . " CRRTTlITRO MAIL RF.TTffiN RRCRIPT RRQTTRSTRO t1t ~ ~ _ ~ 6 ['i --- ()- ~ ~ ~ p:! ~ !s .:z ~ ~ J:-- ...., ;-~:;~ Cl ...n 11 .--{ .' : ~r: r:,;' ;,'1 I -(1 ~. r:? __..l -< C~i _.I Stefan Bagen VS Cornerstone Hospitality Group Writ of Execution Docket No. 2004-1656 Civil Term ~fi ~ P~j~-'~{~ Ti~?Y ?Q0~ SEP 1 I ~~, g: 4 5 CUB;:, ; ; , -. ~ ~~~~tr~~~,~~ ir~~''~uv~ ~`ti{f~4 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 3.45 Law Library .50 Prothonotary 1.00 Poundage 1.64 59 f ~/~ilo9 ~-• $83 . So Answers: ~j R. Thomas Kline, Sheriff BY Sergean ~~, Co- ~~~ ~ ~~~y s