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HomeMy WebLinkAbout10-2974T, TART Cola ?`i Y -4 P1i 2: 0 ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 WEST SHORE COUNTRY CLUB, Plaintiff v Attornev for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. to - 0197q U() %\) i l Term FRANCIS J. LAFFERTY IV and JENNIFER E. LAFFERTY, Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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 plaintiff. 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, 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 TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 s $ga•oo PO AT)-4 GCS` 14117 P,#ay/55y AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) digs despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 WEST SHORE COUNTRY CLUB, Plaintiff v FRANCIS J. LAFFERTY IV and JENNIFER E. LAFFERTY, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT The Plaintiff, WEST SHORE COUNTRY CLUB, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum ofTHREE THOUSAND FIVE HUNDRED THIRTY FOUR DOLLARSAND ELEVEN CENTS ($3,534.11), along with interest thereon at the statutory rate of 6% from September 30, 2009 upon a cause of action of which the following is a statement- 1 . The Plaintiff, WEST SHORE COUNTRY CLUB, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 100 Brentwater Road, Camp Hill, Pennsylvania 17011-2099. 2. The Defendant, FRANCIS J. LEFFERTY IV, is an adult individual residing at 24 WEST MAPLEWOOD AVENUE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA 17055. I :\USER\ I()N)A\LOMMON ['LEAS CA7PS\CC?MPL \[NTS\ WEST SI IoRE CTY ( LUB37035.wpd 2 3. The Defendant, JENNIFER E. LEFFERTY, is an adult individual residing at 251 SAINT JOHNS DRIVE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011-1934. 4. On or about June 15, 2007 Defendant Francis J. Lafferty IV submitted a Membership Application to Plaintiff, on behalf of himself, his spouse and his family. A full family membership was granted to Defendants, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Statement of Account hereto attached, marked Exhibit "B" and made a part hereof, Plaintiff, at the special instance request of the Defendant(s), sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit and/or performed labor and provided services of the kind and description set forth on said Exhibit to the total amount of THREE THOUSAND FIVE HUNDRED THIRTY FOUR DOLLARS AND ELEVEN CENTS ($3,534.11). 6. The prices charged for said goods, wares and merchandise and/or labor performed or services provided, were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay to Plaintiff. F\USLR\IONYA\COMMON PLEAS CMPS\COMPLA[NTS\ WEST SHORE CTY CLU6.37035.wpd 3 7. Plaintiff's Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant(s). 8. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse(s) and neglect(s) to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant(s) the sum of THREE THOUSAND FIVE HUNDRED THIRTY FOUR DOLLARS AND ELEVEN CENTS ($3,534.11), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM P.C. ;z --- Robert D. Kodak, Esquire ID# 18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff I :AL'SPK\ ION) A\WNIMON PLL??S C?{I'S\CC?MPLAINTS\Wtiti'T SHCIIZE CT1 CLUB. t7033."pd PROPOSAL FOR MEMBERSHIP Please supply the following confidential information: junior ? Check one: Active ? Social D4 Current USGA Member • Yes ? No Date: ! is IAA Social Security: Name: tel?g?a? 7- [_A ffikA:?3 ? --- Spouse Name: Home Address: y I1AM)f"J L?g Home Phone: X6&'(') 12" P? 11SS E-mail:. FKA LAF r.w?{.??t? Wil Firm: MILVD aI-11 ?Nwit pt- Type of Business: LAW f iRM aQs?l Position: Office Address: ?4 ?• l t'`?? S:T $ Date of Birth: 11111h q Spouse's Date of Birth: „ S_ /.I How Long? Office Phone: (711\ a7a- M) Pax: ?1??a Pik Birthplace: Birthplace: 14 A Education: (optional) TIN Spouse Education: (optional) WA Number of Children: a` Children's Interest: Swim Team Jr. Golf Tennis Name: [ ?zAtK?,) Date of Birth: 19 1 M F ? Name: E fAii t% Date of Birth: Y 14 /A q MU FU Name: Date of Birth: M ? P ? Name: Your Hobbies: Spouse's Hobbies: Date of Birth: M ? F. ? Club Interests: Spouse Golf Social Events, Tennis ? Swirnming This proposal must be MAILED or DELIVERED to: SECRETARY - WEST SHORE COUNTRY CLUB 100 BRENTWATER ROAD CAMP HILL, PA 17011 Phone: (717) 761-4530 www.westshorece.com A check payable to West Shore Countrv Club coverine the avolicable entrance fee must accompany this proposal. EXHIBIT Candidate is well acquainted with the following Members of the West Shore Country Club who are authorized to furnish the-Membership Committee with any pertinent information concerning applicant. Proposed by Name - Printed ' Signature (Active Member) Seconded by Name - Printed Seconded by r Signature A0 - Printed Signature (Active Member) I agree to abide by the By-Laws and regulation'of the West Shore Country Club. I further authorize and agree that financial and credit information may be obtained and used in evaluating my application. Signature of Candidate Address for Newsletters d q iy ?NkWdur If yK and Notices MWAM04Vag, 16A ? -7-0 1'5* Address for Billing (if different from above) DO NOT WRITE BELOW THIS LINE Date Received by Membership Committee Date Posted Date Approved by Membership Committee Date.Approved by Board Date Membership Effective STATEtWENT 4 Wrest Shore Club Office: 761-4530 Supt. Of Grounds: 737-0741 Fax: 761-7234 Tennis: 761-3060 House Charges: 1,117.08 COUNTRY CLUB Pro Shop: 737-5164 Pool: 761-9956 Dues: 2,470.OFz. 100 Brentwater Road, Fax: 761-7240 www.westshorecc.cotn Total Due: 3,587.13 Camp Hill, PA 17011-2099 Mr. Francis J Lafferty IV 24 West Maplewood Avenue Mechanicsburg, PA 17055 Please indicate breakdown Remove this stub at April 01, 2010 Apr 30 Apr 30 ayment if different than the total abom return with your remittance. STATEMENT ?DATE MEMBER NUMBER =0413012011 0 1-2391 AMOUNT ENCLOSED RNF Resigned NFC Balances unpaid by next billing date are subject to late payment penalty. BEGINNING BALANCE (1-2391 Mr. Francis J Lafferty IV) 1,080.27 LC1 Late Charge - Hse 36.81 0.00 0.00 00 0 36.81 08 117 1 TOTAL: 0.00 36.81 0.00 . . , 2,453.84 BEGINNING BALANCE (Dues) FIN Late Charge - Dues' 116.21 0.00 0.00 16.21 TOTAL: 0.00 16.21 0.00 0.00 2,470.05 Payments to the Club are not deductible as charitable contributions for income tax purposes. We are still offering direct debit to your checking account as a means of paying your monthy statement. .If you wish to enroll or have questions, please call Sue. I ue a e or is i mg is April 30, 2010. CURRENT 30 ? • ? DAYS EXHIBIT s 3,587.13 flt.,s.. 101) P-t-ntor Rafid_ Came Hi1L PA 17011-2099 • Clubhouse: 761-4530 • Fax: 761-7234 • www.westshorecc.com 04-29-2010 14:19 FROM-WEST SHORE COUNTRY CLUB 7177SIT234 T-742 P.002/002 F-'7e VERIFICATION I William K. Beck -a&?r (ame) (name) document Shore Country Club ,verify that the statements made in the aforegoing of West are true and correct. I understand that false statements herein are made subject to the es of 18 Pa. C_ S. §4904, relating to unswom falsification to authorities. penalty By: Title: Dated: aqjzo- 37035IL2391 LAFFERTY PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 WEST SHORE COUNTRY CLUB Plaintiff vs FRANCIS J. LAFFERTY IV and JENNIFER E. LAFFERTY 24 W. Maplewood Ave., Mechanicsburg, PA 251 Saint Johns Dr, Camp Hill, PA 17011 DEFENDANT(S) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 2010-2974 Term 20 10 Amount Due 8/26/10 jdmt ............. $ 3,722.92 Interest from j dmt -11/8/10 0.61 per diem ............... $ 45.14 Atty's Commission 5% statutory rate .......... $ 186.15 Costs (to be determined) $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) (2) (3) (4) Directed to the Sheriff of CUMBERLAND County, Pennsylvania against FRANCIS J. LAFFERTY IV and JENNIFER E. LAFFERTY een ants; and against anus ee s ; and index this writ (a) against FRANCIS J. LAFFERTY IV and JENNIFER E. LAFFERTY Defendant(s) and (b) against arms ee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC., N,kfd (S), 4K W 7a&yd. Jr• if-/0 (5) Exemption has (not) been waived. 4AY.66 ?iC,? 14?pp - o o 00 Due , 4 ) 11,0b A- y ? Co Dated 11/8/10 _ D S. SO Du(- e Robert DAodak, Esquire PO BoxG 1848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) x I j'oyi C-) C ..? c ? --? Zm r CS 4C r=- -Vrn = . -<p - rn © r-M <a -v 5 =o -n ?M -i d h v rl a o ITI o O M n c 0 Z a z? z? r a r? a c H x m n 0 H r-I M o ? rt I-q N O O N 0 NOTE Under paragraph (])when the writ is directed to the sheriff of another county as authorized by Rute 31b3(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriff of the county in which issued. Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ). Paragraph (4)(a) should be completed only if indexing of the executions in the county of insurance; is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2974 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WEST SHORE COUNTRY CLUB Plaintiff (s) PA ?"i w r t From FRANCIS J. LAFFERTY AND JENNIFER E. LAFFERTY iI w 25'1 S•-.+ j?,iS Cc :fin'?? Via,( f 7G (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.. (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$3,722.92 L. L.S.50 Interest FROM 11/8/2010 ($.61 PER DIEM) - $45.14 Atty's Comm5 % $186.15 Due Prothy $2.00 Atty Paid S Itu.50 Other Costs Plaintiff Paid Date: November 16, 2010 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE ?ui David . Buell, Pro o By: Deputy Address: KODAK & IMBLUM, P.C., PO BOX 11848 HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-238-7159 Supreme Court. ID No. 18041 rt fk SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith - Chief Deputy 2011 FEB -4 PM 2: 01 Richard W Stewart Solicitor CUMBERLAND COU41,41-11 P'7?!tiSYLVAN,1,•% West Shore County Club vs. Francis J. Lafferty, IV (et al.) Case Number 2010-2974 SHERIFF'S RETURN OF SERVICE 12/07/2010 08:24 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 7 2010 at 2024 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Jennifer E. Lafferty, by making known unto Jennifer E. Lafferty, at 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 12-08-10. 01/05/2011 05:27 PM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Januar 5, 2011 at 1727 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Francis J. Lafferty, IV, by making known unto Francis J. Lafferty, IV, at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, defendant paid $ 4,335.49 to Deputy Ryan Burgett. 02/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $178.78 (PAID BY DEFENDANT) February 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 13 Sharon R. Lan"z od P,[ Cc, S? &L ipd. R* ')-St1ro.S DISTRIBUTION PLAINTIFF West Shore Country Club WRIT NO. 2010-2974 West Shore Country Club -vs- Francis J. Lafferty and Jennifer E. Lafferty Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 3,722.92 45.14 186.15 202.50 $ 4,156.71 Sheriff's Costs: Docketing $ 18.00 Poundage 74.46 Law Library .50 Prothonotary 2.00 Service Mileage 22.50 Postage 1.32 Advertising Postpone Sale Bad Check Charge Surcharge 40.00 Garnishee Levy 20.00 TOTAL $ 178.78 Defendant Paid to Sheriff $ 4,335.49 Advance Costs 250.00 Total Collected $ 4,585.49 DISTRIBUTION Pd. To Pltf£ $ 4,156.71 Refund of Adv. Costs 250.00 Sheriff's Costs 178.78 So Answers: gff Anderson B WEST SHORE COUNTRY CLUB, Plaintiff v FRANCIS J. LAFFERTY IV and JENNIFER E. LEFFERTY, Defendant(s) TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2974 CIVIL ACTION - LAW PRAECIPE Satisfy Judgment and Discontinue Case. TO: Cumberland County Prothonotary Dated: February 10, 2011 ?"'3 C MCC z? ?-z cr zo v? z P:5 -n r? vo -r- C) z? C) -n zF C) rr' 5 70 Attorney for Plaintiff Attorney I.D. No. 18041