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HomeMy WebLinkAbout10-3773k I Timothy J. Duffy, Esquire Attorney I.D. No. 65430 HILL WALLACK LLP 777 Township Line Road, Suite 250 Yardley, PA 19067 Tel. 215-579-7700 Fax 215-579-9248 Attorneys for Plaintiff Stanbery Harrisburg, L. P. 2547 Brindle Road Harrisburg, PA 17110 Plaintiff vs. Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 and Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 Defendants OF TFE Lji0 JUN -7 M 11: 31 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ,37-73 NO. /O - .?773 PRAECIPE TO TRANSFER FINAL JUDGMENT TO THE PROTHONOTARY: Please Transfer Judgment from the Court of Common Pleas, Bucks County, Pennsylvania, to the Court of Common Pleas, Cumberland County, Pennsylvania, in favor of the Plaintiff, Stanbery Harrisburg, L. P., and against Defendants Clearview Complete, LLC and Paul M. Biko, in the amount of $293,728.16 plus interest from and after April 21, 2010, at the per diem rate of $42.25, and costs. Attached hereto is {Y0069087} ?a9.oa ?d.?ly (2 K--:d 4.;?.1.y t r a certified copy of the Dauphin County Court of Common Pleas' Final Judgment. HILL WALLACK LLP Date: f 16 By' Timoth . Duffy, E u6 Attorn r PlaintiffJ AND NOW, this day of ?,? IE , 2010, Judgment is entered in favor of the Plaintiff, Stanbery Harrisburg, L. P. and against Defendants, Clearview Complete, LLC and Paul M. Biko , in the amount of $293,728.16 plus interest from and after April 21, 2010, at the per diem rate of $42.25, costs and such other reasonable attorney's fees incurred by Plaintiff in excess of the amount claimed herein. {YOO69O87} or Tr. 3ht Ebe Court of Common J@lfeao of 3IJaupbin Coutttp, i0ennop1bania Stanbery Harrisburg vs. No. 201.0-C;V-02406-C;V Clearview Complete Paul M I3iko CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT 1. the undersigned Prothonotary of the Court of common Pleas of I:)auphin. County, Pennsylvania. do hereby certify that the attached is a hull, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Stanbery Harrisburg and against Paul M. I3iko on. April. 21. 2010 in said. case in the amount of $203.728.1.6. _ In Zmtmonp Vbereof, l have hereunto set my hand and affixed the se4 of the Court, on. Thursday-, May 13, 2010. Bv: l)ep l 3Jn TO Court of Common Vlea,4 of Daitpbilr Countp, Vemv5plbania Stanbery Ilarrisburg vs. No. 201.0-CV-02406-CV Clearview Complete Paul M Piko CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of common Pleas of Dauphin. County, Pennsylvania, do hereby certily that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Stanbery Harrisburg and against Clearview Complete on April 21, 2010 in said case in the amount of $293),728.16,, 3Sn Jxmimanr Vbereof, I have hereunto set mY hand and affi 'd e seal of the Coati, on. Thursday, May 13, 2010. By: l)epL Date: '.413/2010 Dauphin County User: YCABEZA Time: 10:45 AM Complete Case History Page 1 of 3 Case: 2010-CV-02406-CV Stanbery Harrisburg vs. Clearview Complete, etal. Filed: 3/8/2010 Subtype: Civil Physical File: Y Appealed: N Comment: Status History Pending 3/8/2010 Pending / Judgment 4/21/2010 Judge History Date Judge Reason for Removal 3/8/2010 No Judge, Current Payments Receipt Date Type Amount Duffy, Timothy J (attorney for Sti 222957 4/21/2010 Civil Filing 20.50 222975 4/21/2010 Civil Filing 20.50 Hill Wallack 218823 3/8/2010 Civil Filing 145.50 225542 5/13/2010 Miscellaneous 69.00 Exemplified Record 69.00 Total 255.50 Miscellaneous Receipts Receipt Date 225542 5/13/2010 Exemplified Record 69.00 Sum: 69.00 Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Duffy, Timothy J Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Stanbery Harrisburg Home: Clearview Complete Home: Work: (Primary attorney) Work: SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y Cate: 5M 3/2010 Dauphin County User: YCABEZA Time: 10:45 AM Complete Case History Page 2 of 3 Case: 2010-CV-02406-CV Stanbery Harrisburg vs. Clearview Complete, etal. Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Biko, Paul M SSN: DOB: Sex: Home: Work: Register of Actions 3/8/2010 Plaintiff: Stanbery Harrisburg Attorney of Record: Timothy J Duffy New Civil Case Filed This Date. Filing: Complaint Paid by: Hill Wallack Receipt number: 0218823 Dated: 3/8/2010 Amount: $145.50 (Check) For: Stanbery Harrisburg (plaintiff) Civil Cover Sheet, filed. Complaint filed. 3/16/2010 Complaint: Sheriffs Return filed stating service was completed. So answers J.R. Lotwick, Sheriff. to Clearview Complete on 3/16/2010; Assigned to Dauphin Co Sheriffs Office. Service Fee of $80.00. Complaint: Sheriffs Return filed stating service was completed. So answers J.R. Lotwick, Sheriff. to Paul M Biko on 3/16/2010; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 4/21/2010 Filing: Judgment Paid by: Duffy, Timothy J (attorney for Stanbery Harrisburg) Receipt number: 0222957 Dated: 4/21/2010 Amount: $20.50 (Check) For: Stanbery Harrisburg (plaintiff) Filing: Judgment Paid by: Duffy, Timothy J (attorney for Stanbery Harrisburg) Receipt number: 0222975 Dated: 4/21/2010 Amount: $20.50 (Check) For: Stanbery Harrisburg (plaintiff) Default Judgment is entered in favor of Plaintiff and against Defendant(s) Paul M. Biko in the amount of $293728.16 as set forth in Paragraph 23 of Plaintiffs Complaint, plus additional rent, late charges, interest, attorney's fees, court costs and such other amounts as Defendant may be liable for under the Lease and Guaranty for failure to answer Plaintiffs Complaint. See Praecipe & Notice filed. Copies of all documents mailed. Send notices: Y No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, Gate: , 5113/2010 Dauphin County Time: 10:45 AM Complete Case History Page 3 of 3 Case: 2010-CV-02406-CV Stanbery Harrisburg vs. Clearview Complete, etal. Register of Act ions 4/2112010 Default Judgment is entered in favor of No Judge, Plaintiff and against Defendant(s) Clearview Complete, LLC in the amount of $293728.16, set forth in Paragraph 23 of Plaintiffs Complaint, plus additional rent, late charges, interest, attorney's fees, court costs and such other amounts as Defendant may be liable for under the Lease and Guaranty for failure to answer Plaintiffs Complaint. See Praecipe & Notice filed. Copies of all documents mailed. Judgment Order date In Favor Of Disposition Judgment 04/21/2010 Plaintiff 04/21/2010 Open Default Comment: 293728.16 Plaintiff: Stanbery Harrisburg Defendant: Biko, Paul M Judgment Order date In Favor Of Disposition Judgment 04/21/2010 Plaintiff 04/21/2010 Open Default Comment: 293728.16 Plaintiff: Stanbery Harrisburg Defendant: Clearview Complete MAY 13 2010 I hereby certify that the foregoing is a true jond correct copy of the originAl filed. User: YCABEZA Prothonotary/Clerk of Courts A I/ docs. 17,41Q IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. Plaintiff V. CLEARVIEW COMPLETE, LLC and PAUL M. BIKO : Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. 2010-CV-02406-CV CIVIL ACTION - LAW O N p, p' ? X pC=) ..c v NOTICE OF ENTRY OF JUDGMENT HILL WALLACK LLP By: Timothy J. , Esq i Attorney 1.0465430 Attorneys for Plaintiff 777 Township Line Road, Suite 250 Yardley, PA 19067 215-579-7700 (YO0645231 Pursuant to Pa.R.Civ.P. 236, this is to advise that Judgment by Default is being entered against the Defendant Clearview Complete, LLC, in the above-captioned action in the Dauphin County Court of Common Pleas in the amount of $293,728.16, plus costs, attorney's fees and interest in this action. Enclosed are copies of all documents filed with the Prothonotary in support of the entry of Default Judgment. APR 212010 A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. CLEARVIEW COMPLETE, LLC and PAUL M. BIKO Defendant NO. 2010-CV-02406-CV CIVIL ACTION - LAW P © d o13 CG x% 7 T 'XW D N p cl G PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF DAUPHIN COUNTY: Kindly enter Judgment by Default in favor of Plaintiff Stanbery Harrisburg, L.P. and against Defendant, Clearvlew Complete, LLC, for failure to answer or otherwise respond to Plaintiffs Complaint. The Complaint contains a Notice to defend within twenty days from the date of service thereof. Defendant was served with the Complaint on March 16, 2010, and Defendant's answer was due on April 5, 2010. A true and correct copy of Sheriffs Return of Service of Complaint is attached hereto as Exhibit "A." Written Notice of Intention to Enter Judgment by Default pursuant to Pa.R.Civ.P. 237.1 was served upon Defendant by Regular Mail on April 6, 2010. A copy of said Notice is attached hereto as Exhibit "B." The written Notice of Plaintiffs intention to file the said Praecipe for Entry of Default Judgment was served upon the aforesaid Defendant after the default and at least 10 days prior to the date of the filing of this Praecipe. A copy of Plaintiffs Certificate of Service of Written Notice of Intent to File Praecipe for Entry of Default Judgment is attached hereto as Exhibit "C." Plaintiffs Complaint alleges damages in the amount of $293,728.16, as set forth in Paragraph 23 of Plaintiffs Complaint, plus additional rent, late charges, interest, attorney's fees, court costs and such other amounts as Defendant may be liable for under the Lease and Guaranty. Respectfully Submitted, HILL WALLACK LLP By: Timothy J uffy, Esq i h r Attorneys or Plaintiff Dated: Jib- Eo die judgment entered against Defendant, and in favor of Plaintiff, as above. Prothonotary of Dauph' County 4 (Y0064523) - APR 212010 . IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2010-CV-02406-CV CLEARVIEW COMPLETE, LLC CIVIL ACTION - LAW • and N -? )> PAUL M. BIKO = n c- Defendant ?•. -- r,.D F CI .Z C7 ?7or. rrl ..c_ pG ba r'; AFFIDAVIT OF NON-MILITARY SERVICE 4 -? N a COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN I, Timothy J. Duffy, Esquire, being duly sworn according to law,. depose and say that: 1. I am counsel for Stanbery English Village, L.P., which is the Plaintiff in this action, and am authorized to make this affidavit on its behalf. 2. Defendant, Clearview Complete, LLC is a limited liability company. 3. The address of Defendant is 2205 Forest Hills Drive, Suite 10, Harrisburg, PA 17112. 4. To the best of my knowledge, information and belief, Defendant , Clearview Complete, LLC is not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Action of 1940 and amendments thereto. Ti o by J. Duff Sworn to and subscribed before me this /96 day of April, 2010. .04 Notary Pllbli NOTARIAL SEAL ANNETTE MENDEL, Notary Public Middletown Toa?n's` ip, County of Bucks (Y0064523) My Commissic)v -?rpire-s May 20, 2010 Q N_ O 9n 70 C= _ O ..4 -11 rr, C x Z rn c = CD )c:) s c .L N O EXHIBIT A "IUF Mary Janeder al Estate William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin s Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 N ph: (717) 780.6590 fax: (717) 255-2889 Q c a .? Jack Lotwick c 3'v ?°n r r4 Sheriff n- N =-n n r S TANBERY HARRISBURCs -Z v VS D' V , CLEARVIEW COMPLETE LL E5 :? Sheriffs Return No. 2010-CV-02406-CV And now: MARCH 16, 2010 at 11:05:00 AM served the within COMPLAINT upon CLEARVIEW COMPLETE LLC by personally handing to JAN DIFFENDERFER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 2205 FOREST HILLS DRIVE, SUITE 10 HARRISBURG PA 17112 ADMIN ASSIST So Answers, Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff: STANBERY HARRISBURG, L.P. Sheriffs Costs: $80 3/15/2010 Out Of County Cost: C:) N = C ro ? a;E:; M a ZC a C:) 4 C) C 7 .{ N . EXHIBIT B HILL WALLACK LLP ATTORNEYS AT LAW 777 ToWNSmp LINE ROAD, Sun-E 250, YARDLEY, PA 19o67 TELEPHONE: (215) 579-7700, FAX: (215) 579-9248 W W W.MLLWALLACK.COM April 6, 2010 Clearview Complete LLC 2205 f=orest Hills Drive, Suite 10 Harrisburg, PA 17112 Re: Stanbery Harrisburg, L.P. v. Clearview Complete LLC and Paul M. Biko Dauphin County, CCP No. 2010-CV-02406-CV Dear Sir/Madam: O r3 ° 0 -t3 -c, - -n r, r" po c ° r- 4 o `. -? o I am enclosing a Ten Day Notice pursuant to Local Rule 237.1(a)(2) in the above-captioned matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, Timo J. Duffy TJD/sa Enclosure cc: James Westfail Jerry Nelson, Esquire Brandon Nutting (YO063174} 202 Ci wq-xS .E Ctu!-mr, P.C... Fz,; =;? rhi: :C:.., %I•i; i') )S' -c, e r HILL WALLACK LLP Timothy J. Duffy, Esquire Attorney ID #65430 777 Township Line Road, Suite 250 Yardley, PA 19067 Phone: (215) 579-7700 Fax: (215) 579-9248 Attorneys for Plaintiff, tjd@hillwallack.com Stanbery Harrisburg, L.P. STANBERY HARRISBURG, L.P. Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. CLEARVIEW COMPLETE, LLC and PAUL M. BIKO Defendant TO: Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 DATE OF NOTICE: April 6, 2010 IMPORTANT NOTICE Pursuant to Pa. R. C. P. No. 237.1(a)(2) a -c z? z c: z -c N P -n -rW a s O ©? ....1 o YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. NO. 2010-CV-02406-CV CIVIL ACTION - LAW (Y0063172) YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 HILL WALLACK LLP By- Timothy . uffy, Esq re Attorney or Plaintiff Stanbery Harrisburg, L.P. C3 xr- ° -? c oo;rn M rni C)?rn '"n z c; o C9 (Y0063172) © Y G 0 -v r. a pp 'x -n M ^v -rte - -?3: C% N p??? n = ? o -, ? ? N O EXHIBIT C IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2010-CV-02406-CV CLEARVIEW COMPLETE, LLC CIVIL ACTION - LAW -r, and v ©C:)x PAUL M. BIKO mac; ©?r- Defendant = y ° z o 7* _ { CERTIFICATE OF SERVICE o I, Timothy J. Duffy, Esquire, hereby certify that on April 6, 2010, 1 caused to be mailed to the Defendant, Clearview Complete, LLC, the Notice of Intention to Enter Judgment by Default that is attached to the foregoing Praecipe as Exhibit "B "as follows: By United States First Class Mail, Postage Prepaid, addressed to Clearview Complete, LLC at the address at which the Sheriff effectuated service of process. HILL WALLACK LLP By: Timoth Duffy, Es 1 !? qr Attorne for Plainti Date: r' 'I 1/0 Sworn to and subscribed before me this /9 "& day of April, 2010. Nota6 Public ' n e It v nl NOTARIAL SEAL ANNETTE MEND'=t.. Notary Public Middletown TO-W-f, : ' . i'::?anty of Bucks My Cotnmi :,:acii. 4. : c:_ _,:: y 20, 2010 (Y0064523} r_ 1%% COPIES OF ALL DOCUMENTS MAILED IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2010-CV-02406-CV CLEARVIEW COMPLETE, LLC CIVIL ACTION - LAW and -=PAUL M. BIKO V,, ; .... _:_ Defendant NOTICE OF ENTRY OF JUDGMENT coo Pursuant to Pa.R.Civ.P. 236, this is to advise that Judgment by Default is being entered against the Defendant PAUL M. BIKO in the above-captioned action in the Dauphin County Court of Common Pleas in the amount of $293,728.16, plus costs, attorney's fees and interest in this action. Enclosed are copies of all documents filed with the Prothonotary in support of the entry of Default Judgment. HILL WALLACK LLP By: Timot y J. Duffy, q 'r Attorne I.D. #65430 Attorneys for Plaintiff 777 Township Line Road, Suite 250 Yardley, PA 19067 215-579-7700 APR 212010. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. CLEARVIEW COMPLETE, LLC and PAUL M. BIKO NO. 2010-CV-02406-CV Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF DAUPHIN COUNTY: ..a Xr- Co Kindly enter Judgment by Default in favor of Plaintiff Stanbery Harrisburg, L.P. and against. Defendant, Paul M. Biko, for failure to answer or otherwise respond to Plaintiff's Complaint. The Complaint contains a Notice to defend within twenty days from the date of service thereof. Defendant was served with the Complaint on March 16, 2010, and Defendant's answer was due on April 5, 2010. A true and correct copy of Sheriffs Return of Service of Complaint is attached hereto as Exhibit "A." Written Notice of Intention to Enter Judgment by Default pursuant to Pa.R.Civ.P. 237.1 was served upon Defendant by Regular Mail on April 6, 2010. A copy of said Notice is attached hereto as Exhibit "B." The written Notice of Plaintiff's intention to file the said Praecipe for Entry of Default Judgment was served upon the aforesaid Defendant after the default and at least 10 days prior to the date of the filing of this Praecipe. A copy of Plaintiffs Certificate of Service of Written Notice of Intent to File Praecipe for Entry of Default Judgment is attached hereto as Exhibit "C." Plaintiffs Complaint alleges damages in the amount of $293,728.16, as set forth in Paragraph 23 of Plaintiffs Complaint, plus additional rent, late charges, interest, attorney's fees, court costs and such other amounts as Defendant may be liable for under the Lease and Guaranty. Respectfully Submitted, HILL WALLACK LLP By' imo J. uffy, Es i Atto ys for Plaintiff Dated: yr l J I Eo die judgment entered against Defendant, and in favor of Plaintiff, as above. 1"N Prothonotary of Dauphin Cou?ty By. {YO^° 727? IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2010-CV-02406-CV - w ., CD CLEARVIEW COMPLETE, LLC CIVIL ACTION - LAW and PAUL M. BIKO Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. I, Timothy J. Duffy, Esquire, being duly sworn according to law, depose and say that: 1. I am counsel for Stanbery English Village, L.P., which is the Plaintiff in this action, and am authorized to make this affidavit on its behalf. 2. Defendant, Paul M. Biko is an adult individual. 3. The address of Defendant is 2205 Forest Hills Drive, Suite 10, Harrisburg, PA 17112. 4. To the best of my knowledge, information and belief, Defendant, Paul M. Biko is not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Action of 1940 and amendments thereto. Tim y J. Duff Sworn to and subscribed before me this 11 T`-` day of April, 2010. Notary Public QgMmon I NOTARIAL SEAL ANNETTE MEN n- r-L. Notary Public Middletown. T nv rn:r ;?,IntV of Bucks (Yo mmrr . , f ; : 111,;, y 20, 2010 r-3 T? ^'U EXHIBIT A . Mary Jane Snyder R I Estate Depu William T. Tully solicitor t Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)780.6590fax: (717)255-2889 Jack Lotwick sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania STANBERY HARRISBURG, L.P. VS County of Dauphin CLEARVIEW COMPLETE LLC Sheriff s Return No. 2010-CV-02406-CV And now: MARCH 16, 2010 at 11:05:00 AM served the within COMPLAINT ups PAUL! BIKO ?. by personally handing to JAN DIFFENDERFER 1 true attested copy of the original CQMPLAWT and making known to him/her the contents thereof at 2205 FOREST HILLS DRIVE HARRISBURG PA 17112 ADMIN ASSIST So Answers, Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff. STANBERY HARRISBURG, L.P. Sheriffs Costs: $80 3/15/2010 Out Of County Cost: EXHIBIT B HILL WALLACK LLP ATTORNEYS AT LAW 777 TOWNSHIP LINE ROAD, $IIITE 250, YARDLEY, PA 19o67 TELEPHONE: 215) 579-77oo, FAX: (215) 579-9248 W W W.HILLWALLACK.COM April 6, 2010 Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 Re: Stanbery Harrisburg, L.P. v. Clearview Complete LLC and Paul M. Biko- Dauphiin County, CCP No. 2010-CV-02406-CV co Dear Mr. Biko: I am enclosing a Ten Day Notice pursuant to Local Rule 237.1(a)(2) in the above-captioned matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, TJ D/sa Enclosure cc: James Westfall Jerry Nelson, Esquire Brandon Nutting {Y0061204) Timot y J. Duffy , + J , HILL WALLACK LLP Timothy J. Duffy, Esquire Attorney ID #65430 777 Township Line Road, Suite 250 Yardley, PA 19067 Phone: (215) 579-7700 Fax: (215) 579-9248 Attomeys for Plaintiff, Vd@hiNwallack.com Stanbery Harrisburg, L.P. STANBERY HARRISBURG, L.P. IN THE COURT OF COMMON Plaintiff PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2010-CV-02406-CV CLEARVIEW COMPLETE, LLC CIVIL ACTION - LAW and r? PAUL M. BIKO ' Defendant TO: Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 DATE OF NOTICE: April 6, 2010 IMPORTANT NOTICE Pursuant to Pa. R. C. P. No. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. (Y0063172) YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17161 (717) 232-7536 HILL WALLACK LLP B Timothy uffy, Es iAttorneys for Plaintiff Stanbery Harrisburg, L.P. =r,a - ao {Y0063172} i ? . . EXHIBIT C ?o co IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STANBERY HARRISBURG, L.P. Plaintiff V. CLEARVIEW COMPLETE, LLC and PAUL M. BIKO : Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. 2010-CV-02406-CV CIVIL ACTION - LAW co CERTIFICATE OF SERVICE I, Timothy J. Duffy, Esquire, hereby certify that on April 6, 2010, 1 caused to be mailed to the Defendant Paul M. Biko the Notice of Intention to Enter Judgment by Default that is attached to the foregoing Praecipe as Exhibit "B "as follows: By United States First Class Mail, Postage Prepaid, addressed to Paul M. Biko at the address at which the Sheriff effectuated service of process. Date: l /0 Sworn to and subscribed before me this day of April, 2010. Nota Public -' Corn tr y IEN nr?.1 I nisi NOTARIf' i ANNETTf'•; MF-P,i.v Public Middletow , c"-... c•f of Bucks HILL WALLACK LLP By: Timothy, . uffy, Esq ' e Attomeys or Plaintiff {YO064727} Timothy J. Duffy, Esquire Attorney I.D. No. 65430 HILL WALLACK LLP 777 Township Line Road, Suite 250 Yardley, PA 19067 Tel. 215-579-7700 Fax 215-579-9248 Attorneys for Plaintiff Stanbery Harrisburg, L. P. 2547 Brindle Road Harrisburg, PA 17110 Plaintiff vs. Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 and Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 Defendants To: Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. RULE 236 NOTICE Pursuant to Rule 236 of the Court of Common Pleas of Cumberland County, Pennsylvania, you are hereby notified that a JUDGMENT has been entered against you in the above-captioned proceeding and that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Timothy J. Duffy, Esquire, at telephone number: 215-579-7700. Date: Ily/In {YO069087} Timothy J. Duffy, Esquire Attorney I.D. No. 65430 HILL WALLACK LLP 777 Township Line Road, Suite 250 Yardley, PA 19067 Tel. 215-579-7700 Fax 215-579-9248 Attorneys for Plaintiff Stanbery Harrisburg, L. P. 2547 Brindle Road Harrisburg, PA 17110 Plaintiff vs. Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 and Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 Defendants To: Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. RULE 236 NOTICE Pursuant to Rule 236 of the Court of Common Pleas of Cumberland County, Pennsylvania, you are hereby notified that a JUDGMENT has been entered against you in the above-captioned proceeding and that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Timothy J. Duffy, Esquire, at telephone number: 215-579-7700. Date: _J] JQkwkJProthonotary {YO069087} Timothy J. Duffy, Esquire Attorney I. D. No. 65430 HILL WALLACK LLP 777 Township Line Road, Suite 250 Yardley, PA 19067 Tel. 215-579-7700 Fax 215-579-9248 Attorneys for Plaintiff Stanbery Harrisburg, L. P. 2547 Brindle Road Harrisburg, PA 17110 Plaintiff vs. Clearview Complete, LLC 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 and Paul M. Biko 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CERTIFICATION OF ADDRESSES I, Timothy J. Duffy, Esquire, Attorney for Plaintiff, hereby certify that the address of the Plaintiff, Stanbery Harrisburg, L. P. is 2547 Brindle Road, Harrisburg, PA 17110, and the last know address of Defendant, Clearview Complete, LLC is 2205 Forest Hills Drive, Suite 10, Harrisburg, PA 17112 and Defendant, Paul M. Biko is 2205 Forest Hills Drive, Suite 10, Harrisburg, PA 17112. hDate: o Timothy J. u , Esq r Attorney fo laintiff {Y0069087}