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Home My WebLink About09-0532SPRERS 504756.1 (18468.002) 1/19/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff Oq - 53a OIVJI TP.rM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA A. MONGIOVI V. BARBARA D. HOFFMAN 131 Wi Itshim Eaa;f Defendant Oarlisle, PA 17013 No. 2003-01351 PRAECIPE FOR WRIT OF REVIVAL TO THE PROTHONOTARY: Kindly issue a Writ of Revival of lien of judgment entered at No. 2003-01351 and enter it in the judgment index against Barbara D. Hoffinan in the amount of $2,940.94 with interest at a rate of 6% from March 27, 2003 which equals $3,968.25. Plaintiff THOMAS, P. C. Apa t7 = = 't1 v ? 4Q+? Af r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA A. MONGIOVI V. BARBARA D. HOFFMAN Plaintiff Dq- :53a Civil Term No. 2003-01351 Defendant WRIT OF REVIVAL TO: BARBARA D. HOFFMAN, DEFENDANT I3 Wiltshire Eae+, Carlisle, PA 0013 (1) You are notified that the Plaintiff has commenced a proceeding to revive the lien of the judgment entered at No. 2003-01351 (2) The Plaintiff claims that the amount due and unpaid is $2,940.94 with interest at a rate of 6% from March 27, 2003 which equals $3,968.25. (3) You are required within twenty (20) days after service of this writ to file an answer or otherwise plead to this writ. If you fail to do so, judgment of revival in the amount claimed by the Plaintiff may be entered without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Cow $ IM AU Pa A TTY Cumberland County Bar Association 32 S. Bedford Street a . oo D uE Co Carlisle, PA 17013 Telephone: 800-990-9108 PROTHONOTARY Date: 2161 /09 By: t Blakinger, Byler & Thomas, P.C., 28 Penn Square, Lancaster, PA 17603 By: Susan P. Peipher, Esquire, I.D. #87580 Telephone: (717) 299-1100 Attorney for Plaintiff #504759.1/18468.002 SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00532 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONGIOVI THERESA A VS HOFFMAN BARBARA D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN BARBARA D but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF REVIVAL , the within named DEFENDANT 13 WILTSHIRE EAST NOT FOUND , as to HOFFMAN BARBARA D CARLISLE. PA 17013 PER CURRENT RESIDENT, HOFFMAN WAS EVICTED 4 YEARS AGO.POST OFFICE WILL NO LONGER HAVE FORWARDING INFORMATION ON FILE. Sheriff's Costs: So answers: Docketing 18.00 Service 4.50 Affidavit .00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 37.50 BLAKINGER BYLER & THOMAS 02/23/2009 Sworn and Subscribed to before me this day of , A.D. r, .S :..tt C? C"i r SPP:ERS 512563.1 ( 18468.002 ) 4/1109 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA A. MONGIOVI V. BARBARA D. HOFFMAN TO THE PROTHONOTARY: Plaintiff No. 2009-00532 Defendant PRAECIPE TO REINSTATE Kindly reinstate the Writ of Revival in the above matter. BLA INGER R & THOMAS, A C. By: ` ? ? ?usan P. Peipher, Es uire FILED-OFFU OF THE Pte; K TiAAY 2009 APR -2 PM 12: 53 a l o. OO P Q aTN mit 459,q/ eta 2,2 2,136 Sheriffs Office of Cumberland County R Thomas Kline Sheri ?$??tittir at ctt+h8rrEdward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE O` ',E $HERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 01:52 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 1524 hours, he served a true copy of the within Writ of Revivial, upon the within named defendant, to wit: Barbara Hoffman, by making known unto Barbara Hoffman personally, at 1402 A Apt. 113 Bradley Drive, Carlisle, Cumberland County, Pennsylvania, 17013, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.92 SO ANSWERS, April 21, 2009 R T S I E, SHERIFF yoollty Sh iff Docket No. 2009-532 Theresa Mongiovi v Barbara Hoffman r'F TIC ?1" +~' } p 2 0 0 9 A R 27 [,, I is 3G THERESA A. MONGIOVI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI A V. CIVIL ACTION -LAW a9-?3a 299?r CIVIL TERM BARBARA D. HOFFMAN `i Defendant. JURY TRIAL DEMANDED == ? ? •- cn a _ PRELIMINARY OBJECTIONS OF THE DEFENDANT TO PLAINTIFF' S PRAECIPE FOR WRIT OF REVIVAL AND NOW this 15th day of October, 2012, comes the Defendant, BARBARA D. HOFFMAN, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Preliminary Objections to Plaintiffs Praecipe for Writ of Revival, and in support thereof avers the following: 1. Preliminary Objection Raising Failure of Pleading to Conform to Law Pursuant to Pa. R. Civ. P. 1028(a)(2). 1. Plaintiff, Theresa A. Mongiovi, initially filed a Civil Complaint before Magisterial District Judge Thomas A. Placey and obtained a Judgment against the Defendant on February 5, 2003. 2. The Plaintiff filed the Notice of Judgment in the Court of Common Pleas of Cumberland County at Docket Number 2003 - 1351, on March 27, 2003. 3. Upon information and belief, after a failed attempt to execute upon personal property of the Defendant no further docket activity occurred upon the judgment filed at No. 2003-1351. 4. Plaintiff subsequently filed a Praecipe for Writ of Revival against Defendant under the instant caption on February 2, 2009. 5. The Praecipe for Writ of Revival was filed more than six (6) years after the Notice of Judgment signed by the Honorable Thomas A. Placey. 6. According to 42 Pa.C.S.A. §5526(1), an action for writ of revival of a judgment lien on real property must be commenced within five (5) years. 7. In addition to waiting more than six (6) years to file her Praecipe for Writ of Revival with regard to the original judgment, Plaintiff also waited more than an additional three (3) years, until October 5, 2012, to serve a Ten Day Notice upon the Defendant in this matter. WHEREFORE, Defendant Barbara D. Hoffman respectfully requests that this Honorable Court dismiss the Plaintiff's Praecipe for Writ of Revival for failure to conform to applicable Pennsylvania law. II. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 11028(a)(4). 8. Plaintiff waited almost six (6) years from the entry of Notice of Judgment by the Honorable Thomas A. Placey to file her Praecipe for Writ of Revival with regard to the original judgment, and waited more than an additional three (3) years, until October 5, 2012, to serve a Ten Day Notice upon the Defendant in this matter. 9. Plaintiff does not explain her significant delay in pursing the enforcement of her judgment. 10. The Defendant should not be responsible for the significant interest requested by Plaintiff when that cost is due in large part to the Plaintiff's failure to promptly pursue both her 2 initial judgment claim and the instant Praecipe, nor file the instant Praecipe within five (5) years as provided in 42 Pa.C.S.A. §5526(1). WHEREFORE, Defendant Barbara D. Hoffman respectfully requests that this Honorable Court dismiss the Plaintiff's Praecipe for Writ of Revival. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: 0- AA Do as . Mi er, squire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: October 15, 2012 Attorney for Defendant CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Susan P. Peipher, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Date: October 15, 2012 IRWIN & McKNIGHT, P.C. ?k „&,, Douglas G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant C~ ~ I PRAICIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate} TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the ,next Argument Court.) - CAPTION OF CASE '4; ' (entire caption must be sfated in full} -- _~' ~_,~ ` THERESA A. MONGIOVI '- -- °~_. V~ _ vs. ? _~ _: BARBARA D . HOFFMAN - ` `-` ^ Na. 2009 0532 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): preliminary Objections of Defendant to Plaintiff' s raecipe or ri o eviva 2_ Identify all counsel who will argue cases: (a) for plaintiffs: Susan P. Peipher, Esq. and Jill M. Laskowitz, Esq. (Name and Address) BLAKINGER, BYLER & THOMAS, P.C., 28 Penn Sq., Lancaster, PA 17603 (b) for defendants: Douglas G. Miller, Esquire, IRWIN & Mc]:CNIGHT, P.C. (Name and Address) 60 West Pomfret Street, Carlisle, PA 17013 3. i will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 ~, Signature >, Susan P. Peipher, Esq. Print your name Plaintiff Theresa A. Mongiovi Date: November 8 , 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR {not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is eon#inued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ~ ~tQ.~s~ a~ ~ # s~ ~a~f C ~-