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HomeMy WebLinkAbout01-0913IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant No. : CIVIL ACTION NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $ ON ,2001. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO AND~ARGLE, P.C~ By: J~- Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, Plaintiff VS. KARL E, ROMINGER i/t/a ROMINGER WEB Defendant No. CIVIL ACTION PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal, within 30 days, a judgement entered October 27, 2000 against the above-named defendant(s) before Philadelphia Municipal Court, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount Post Judgment Interest (from October 27, 2000 to February 8, 2001 at 6% per annum) Payments 7,229.63 123.63 0.00 Total $7,353.26 Dated: February 8, 2001 2002227 AMATO AND MARGLE, P.O. By: ~ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : : Plaintiff : VS. : KARL E, ROMINGER i/t/a : ROMINGER WEB : Defendant : No. CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 1717 Arch St., 20th Floor Phila., PA 19103 I do certify that the precise last known address of the within named defendant is: 149 S. Hanover St CARLISLE PA 17013 AMATO AND MARGLE, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : Plaintiff : VS. : KARL E. RO~INGER i/t/a : ROMINGER WEB : Defendant(s) : No, CIVIL ACTION AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON: The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Karl E. Rominger is over 18 years of age, resides at 149 S. Hanover St, CARLISLE PA 17013 and is employed as Rominger Web. Sworn to and subscribed before me this t~. day of ~,-¢~9~ 2001 A.D. ZR36 MCV1 00-08-25-27770 SC '121 DISPOSED ISSUE AMT. FEE INCIDENT A/DF 7156.13 33 01/01/99 Y SC TYPE OTHER M.V. ---- NEXT HEARING ..... ******** PLAINTIFF INFORMATION ******* BELL ATLANTIC P ENNA. INC 1717 ARCH ST 20TH FL PO BOX 28000 PHILA. PA 19103 ATTY 032323 AMATO RONALD ******** DEFENDANT INFORMATION ROMINGER KARL E 10 S COURTHOUSE AVE CARLISLE PA 17013 PREMISES PROP AT PHILA. PA 19100 COURT ACTIVITY HEARING #01 10/27/00 4A JUDG 379 BLASI DISP FINE+COST 7229.63 JUDG FOR PL 7229.63 61-JUDG FOR PL DEFLT PRESS ENTER FOR PAGE 1 INFORMATION P/1 JUDGEMENT CERTIFIED IN THE AMOUNT OF $7229.63 COSTS INCLUDED. ZR36 MCV1 00-08-25-27771 SC '121 DISPOSED ISSUE AMT. FEE INCIDENT A/DF 715~6.13' 33 01/01/99 Y SC TYPE OTHER M.V. ---- NEXT HEARING ..... ******** PLAINTIFF INFORMATION BELL ATLANTIC P ENNA. INC 1717 ARCH ST 20TH FL PO BOX 28000 PHILA. PA 19103 ATTY 032323 AMATO RONALD ******** DEFENDANT INFORMATION ROMINGER WEB 10 S COURTHOUSE AVE #3 CARLISLE PA 17013 PREMISES PROP AT PHILA. PA 19100 COURT ACTIVITY HEARING #01 10/27/00 4A JUDG 379 BLASI DISP 61-JUDG FOR PL DEFLT FINE+COST 7229.63 JUDG FOR PL 7229.63 PRESS ENTER FOR PAGE 1 INFORMATION P/1 JUDGBMHNT CBRTININD IN THH AMOUNT ON $7229.65 COSTS INCLUDND. THE P. HILADELPHIA MUNICIPAL COURT 34 South 11th Street · Philadelphia, PA 19107 Louis J. Presenza, Pre$iden! Robert S. Blasi, ~dmini~!rative ~;udge BELL ATLANTIC PENNSYLVANIA, INC. P.O. Box 28000 20th Floor 1717 Arch Street Philadelphia, PA 19103 ,Plaintiff(s) CODE No. SC- KARL E. ROM1N~R i/t/a ROMINGER WEB 10 South Courth~use Ave. CARLISLE PA 17013 [] CONSTABLE SERVICE #3 Defendant(s) SERVICE ADDRESS (INFORMATION) if other than above [] MOTOR VEHICLE CASE - Defendant License Information Theabovenamedplaintiff(s)askjudgmentinthisCourtagainstyoufor$$7, 156. 13 , ;~ TO THE OEFENDANT: plus oeurt costs upon the following claim: At the special instance and request of Defendant, Plaintiff provided advertising in its publication known as "Yellow Pages". After applying all proper credits, there remains a principal balance due of $4,431.22, as set forth in the attached statement of account. As provided in the attached advertisement contract, Plaintiff is also entitled to interest on the above amount from 01/O1/99 to 08/15/00 at the agreed rate of 18% per annum totalling $1,293.68 and its attorneys fees in the amount of $1,431.23, for a total of $7,156.13, which, despite demand by Plaintiff, remains due. Plaintiff maintains a place of business in Philadelphia establishing a proper basis for venue in this county. Lucas Enterprtses~ Inc. vs. Paul C. Harmon, Inc., 417 A.2d 720 (1980). ~ Arty File # 2002227 PdnclpalAmoun~; 4 , 431.22 '$ Intereat at 1 R % from O1 /01 /99 ~ $1,293.68 ~ttorney's Fee: S $1,431.23 Other: S TOTALS $7,156.13 {~3TICE TO DEFEND FILED Amato and Margle, P.C., 107 PLUS COURT COSTS Rvnald Amato, 1D#3232~.co~ ..o.~ (610) N. Commerce Way, Bethlehem, PA 18017 866-0400 COMMONWEALTH OF PENNSTLVANIA COUNTY OF PHILADELPHIA SS: Ronald Amato ~epose and say that the fac~s set forth in this compMint are true and correct and ackno e that I am subject :al~~° the penaRies 18 P e~eti~g to Unswom tg~'~ture- P/atnttff/Attor~ey Date SUMMONS to the defendant: You are hereby ordered to appear at a hearing ached- uled as follows: Courtroom 4- Fourth Floor, 34 South tlth Street PORTANT NOTICE TO THE DEFENDANT CITACION - Al Demandado: Per la presente, usted esta dirijido a presentarse a ia siguiente vista en: ~CI~. 27, 12:30pm NOTA IMPORTANTE PAR~ EL ACUSADO COURT RECORD ENTER DISPOSITION ON PART -- to 'othonotm7 Robe S. Bla~si, ~drnini~trative Ju BELL ATLANTIC PENNSYLVANIA.~ P.O. Box 28000 20th Floor 1717 Arch Streel~ CODE Philadelphia. PA 19103 Plaintiff(a) S~nature KIlL I~ KONI~[ 1/t/e 10 South Courthouse Ave. CARLISLE PA 17013 [] CONSTABLE SERVICE Defendant(s) 1. CASE CONTINUED TO 2. CASE CONTINUED TO ~ 3. CASE CONTINUED TO {)ATE ROOM DATE ROOM DATE ROOM TRIAL DISPOSITION PLAINTIFF ^TT~ no. DEFENDANT ATTV [] Appeared [] Did Not Appear [] Appeared [] Did Not Appear 060 [] No Service- Dismissed WITHOUT Prejudice 083 [] Withdrawn with Prejudice 080 [] Judgment by Agreement (see Remarks) 084 [] Case Settled, Discontinued, and Ended 081 [] Judgment for Defendant by Default 085 [] Case transferred to 082 [] Withdrawn from Court List without Prejudice (will be relisted upon receipt of letter from either party) 091 [] Case to be consolidated with 055 [] Venue transfer within the Commonwealth - transfer to County. S.C. it i PLAINTIFF ^T'r~ ~o DEFEN.~DAI~ ^try no ppeared [] Did Not Appear ^MOUNT [] Appeared ~Did Not Appear 061 I~/~ Judgment for Plaintiff by Default 070 [] Judgment for Defendant ~ plus interest frown /.~,plus Z/ff~' Time ofju P.M. 7~ 071 ~ Judgment for Defendant as ' Plaintiff in Counterclaim 082 ~ Judgment for Plaintiff / ., plus interest from plus cos,s~ / *; ~2 ~~ Plaintiff as a A.M. .- / ~ ~ ~ ~ ~/ /~ ~e~fidffnt on Counterclaim Time ofjudgment P.M. !~- ~ ~ ~/ ' DATE JUDGE COURT RECORD DISPOSITION 03-7 (Pege 2} ~ cor~oratio. ,[",nl,~*~~i~aust b,~,~ --~:xcept *hen damages are not in excess of',2.,00. n sucn cases, a corporati~ ~vnlncorpora~d associati~~nted by an officer who has documentation of such s~tus. or fu~her information, ca~6-7987 or 7988:-~ .............. ~' " t~' CER~FIED MAIL-IMPORTANT SEE OTHER SIDE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, anv and all other personal propertv belonclinq to the above- named defendant(s). (2) against KARL E. ROMINGER i/t/a ROMINGER WEB, Defendant(s) (3) and against ........................................ Garnishee(s) (4) and index this writ (a) against .................................. Defendant(s) and (b) against ....................................... Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:(Specifically describe the property) (5) Amount Due t~ 7,353.26 Statutory Interest From February 14, 2001 ~ 1.22 Less Payment $ 0.00 Costs Poundage Total $ 7,354.48 Date:February 15, 2001 Attorney File#: 2002227 AMATO AND MARGLE, P.C. Ronald Amato Attorney I,D. No. 32323 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMSERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : Plaintiff : No. 2001-00913 VS. : KARL E. ROMINGER i/t/a : ROMINGER WEB : WRIT OF EXECUTION (MONEY JUDGMENTS) Defendant(s) : WRIT OF EXECUTION TO THE SHERIFF OF CUMSERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and cost against KARL E. ROMINGER i/t/a ROMINGER WEB, Defendant(s); (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived. (2) You are also directed to attach the property of the defendant not levied upon in the possession of .................... ..................................................... Garnishee(s) 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 and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount Due Statutory Interest From February 14, 2001 7,353.26 1.22 Less Payments $ 0.00 Costs Poundage Total 7,354.48 plus add'l costs DATED (SEAL) Prothonotary - Cumberland County Court of Common Pleas, Cumberland County By Attorney File#: 2002227 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS, KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 CIVIL ACTION CERTIFICATION OF DEFENDANT{s) ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 149 S. Hanover St CARLISLE PA 17013 Dated:February 15, 2001 AMATO AND MARGLE, P.C. Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2002227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : Plaintiff : No. 2001-00913 KARL E. ROMINGER i/t/a : ROMINGER WEB : CIVIL ACTION Defendant(s) : WAIVER OF WATCHMAN To the Sheriff: Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: February 15, 2001 Attorney File #: 2002227 AMATO A N D.,,,~ R G L E, P~,..CS,. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff : No, 2001-00913 KARL E. ROMINGER i/t/a .' ROMINGER WEB : CIVIL ACTION Defendant WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RIGHTS. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU MUST ACT PROMPTLY. THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PROPERTY IS SAID TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS ARE LISTED ON THE NEXT PAGE. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. (1) (2) IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. YOU SHOULD TAKE THIS PAPER 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 CIVIL ACTION CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be _ (i) set aside in kind (specify property to be set aside in kind): _ (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) my (;300 statutory exemption: m in cash; __ in kind(specify property): ; (b) Social Security benefits on deposit in the amount of $ ; (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, § 4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: South Hanover Street, Carlisle, PA 17013 717-240-6195 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STATUTORY EXEMPTION 2. BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERAN AND ARMED FORCES BENEFITS. 7. CERTAIN INSURANCE PROCEEDS 8. SUCH OTHER EXEMPTIONS AS MAY BE PROVIDED BY LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUM§ERLAND) IO THE SHERIFF OF Cumberland To sat/sty the debt, interest and costs due from WRIT OF EXECUTION and/or ATTACHMENT NO. 01-9~L3 CIVIL ~K TERM CIVIL ACTION - LAW COUNTY: ~ell AtlRntie - P~nnmylvRniR Tn~. PLAINTIFF(S) Karl E. Rominqer i/t/a Rominqer Web, 149 S. Hanover St., Carlisle, PA 17013 DEFENDANT(S) (1) You are directedtolevyuponthe prope~yofthedefendam(s) and ~ sell AIl cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishinqs, eoui~nent, inventory, tools, vehicles, electronic equi~nt, any and all other personal property belonging to the above-named defendant(s). (2) You am also directedtoa~achthe pmpertyoflhedefendant(s) n~ levied uponinthe possession ~__ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 inthe possession of anyone olher 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 Interesl Atty's Comm Arty Paid Plaintiff Paid Date: $7,353.26 L.L. $.50 $1.22 Due Prothy $1.00 % OtherCo~s $32.50 February 27, 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID No. RonaldAmato, Esq. 107 North Cormr~rce Way Bethlehem, PA 18017 Plaintiff 6~0-866-0400 32323 Prothonotary~-Civil Di~isi~ ~ Deputy ~'INYAqkSNN3d BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROM1NGER i/t/a ROMINGER WEB Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 PETITION TO STRIKE/REOPEN JUDGMENT AND NOW, comes Karl E. iRominger, pro se, and avers as follows: 2 1. Judgment was entered on the rr -day of Municipal Court. O C/- ,2000, in Philadelphia 2. Said Judgment was transferred on February 14, 2001 to Cumberland County Prothonotary for entry upon the record. 3. Petitioner disputes the validity of that Judgment. 4. Petitioner believes and therefore avers that the Judgment was entered by a Court which did not have subject matter jurisdiction to do such. I. MOTION TO STRIKE FOR LACK OF SUBJECT MATTER JURISDICTION 5. Previous paragraphs incorporated by reference. 6. Under the Judicial Code and pursuant to the Rules of Civil Procedure governing actions which proceed before District Justices, in particular Rule 302. Venue., subject matter jurisdiction did not exist. 7. The Judgment transferred to Cumberland County is based upon a Court Order and Judgment where the underlying Court did not have subject matter jurisdiction, and the Judgment is void. 8. Petitioner requests that this Court strike said Judgment from the Cumberland County Docket with prejudice. WHEREFORE, Petitioner respectfully requests that this Honorable Court strike or vacate the Judgment in the above captioned matter, and pending resolution Stay of Execution. I1. MOTION TO STRIKE/REOPEN JUDGMENT FOR LACK OF PERSONAL JURISDICTION 9. Previous paragraphs incorporated by reference. 10. The Judgment transmitted to Cumberland County is defective on its' face insomuch as it does not contain any evidence that personal jurisdiction was obtained by the issuing authority. 11. Without personal jurisdiction, the Judgment is infirm and should be voided or struck from the record. WHEREFORE, because the Judgment in the above referenced matter, contains no evidence of the Court securing personal jurisdiction over the Defendant, Petitioner respectfully requests that this Honorable Court strike said Judgment or in the alternative open said Judgment. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Cota't ID # 81924 Date: March 2, 2001 BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROM1NGER WEB Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-00913 : CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, pro se do hereby certify that I this day served a copy of the Motion to Strike upon following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Ronald Amato, Esquire AMATO AND MARGLE, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: March 2, 2001 Karl E. Rominger, Esquire Pro Se ~ z~a ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/Ua ROMINGER WEB Defendant(s) No. 2001-00913 : PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO STRIKE/REOPEN JUDGMENT 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that Defendant disputes the validity of the Judgment. To the contrary, Defendant received notice of entry of Judgment in October, 2000. To date, Defendant has not filed a motion or petition with the Court that entered said Judgment disputing same. 4. Denied. It is strictly denied that the Judgment was entered by a court that lacked subject matter jurisdiction. To the contrary, the contract was entered into in Philadelphia County and Defendant was also required to make payment to Plaintiff in Philadelphia County. The cause of action, the failure of Defendant to make payment, arose in Philadelphia County. Defendant has failed to object to venue in this matter at all previous hearings. I. PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE FOR LACK OF SUBJECT MATTER JURISDICTION 5. Plaintiff incorporates the allegations of every paragraph enumerated as if said paragraphs were fully set forth here at length. 6. Denied. It is specifically denied that the Philadelphia Municipal Court lacked subject matter jurisdiction. To the contrary, the Philadelphia Municipal Court had proper jurisdiction for the reasons set forth in Paragraph 4 above. It is further denied that the Philadelphia Municipal Court is bound by the Pennsylvania Rules of Civil Procedure for District Justices (Pa.R.C.P.D.J.). To the contrary, the roles applicable to the Philadelphia Municipal Court are the Philadelphia Municipal Court Rules of Civil Procedure (Phila. M.C.R.Civ. P.). 7. Denied. It is specifically denied that the Judgment transferred from Philadelphia Municipal Court to the Cumberland County Court is void for lack of jurisdiction. To the contrary, the Philadelphia Municipal Court had proper jurisdiction. Furthermore, Pennsylvania is a unified judicial system. The Philadelphia Municipal Court and the Court of Common Pleas of Cumberland County are members of that judicial system. Defendant cannot object to a judgment in the transferee court in Pennsylvania on a judgment entered in another Pennsylvania court. Any petition to open or strike judgment by Defendant must be filed in the court where the underlying judgment was entered and not in the transferee court. 8. Admitted and Denied. It is admitted that Defendant is requesting the Court of Common Pleas of Cumberland County to strike with prejudice the Judgment entered in the Cumberland County Docket. It is denied that Defendant is entitled to the relief requested. Wherefore, Plaintiff respectfully requests Defendant's Petition be denied. II. PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE/REOPEN JUDGMENT FOR LACK OF PERSONAL JURISDICTION 9. Plaintiff incorporates the allegations of every paragraph enumerated as if said paragraphs were fully set forth here at length. 10. Admitted in Part and Denied in Part. It is specifically denied that the Judgment entered by the Philadelphia Municipal Court was "transmitted" to the Court of Common Pleas of Cumberland County. It is admitted that the Judgment entered by the Philadelphia Municipal Court was transferred to the Court of Common Pleas of Cumberland County. It is further denied that the Judgment is defective on its face or that the Philadelphia Municipal Court lacked proper jurisdiction to enter the judgment. Defendant was properly served by the Philadelphia Municipal Court, failed to object to venue or jurisdiction and allowed a default judgment to be entered. 11. Denied. It is specifically denied that the Philadelphia Municipal Court lacked personal jurisdiction over Defendant, that the Judgment entered is infirm, or that the judgment should be voided or struck from the record. To the contrary, for the reasons stated above, the Philadelphia Municipal Court had proper jurisdiction. As such, the Judgment is proper and may not be voided or struck after being properly transferred to the Court of Common Pleas of Cumberland County. Wherefore, Plaintiff respectfully requests Defendant's Petition be denied. PLAINTIFF'S NEW MATTER TO DEFENDANT'S PETITION 12. Defendant does not have a meritorious defense to the underlying claim. 13. Defendant's Petition to Strike/Reopen was not timely filed. 14. Defendant has no reasonable excuse for the delay in filing a petition to open or strike judgment. 15. No fatal defect in the judgment appears on the face of the record. 16. Plaintiff's complaint, filed with the Philadelphia Municipal Court, was served upon Defendant. Defendant did not object to venue or jurisdiction of the Philadelphia Municipal 17. Court. 18. Defendant allowed a default judgement to be entered against him by the Philadelphia Municipal Court. 19. Defendant was aware that the judgment was entered within the first two weeks of November 2000. 20. Defendant received a letter from Plaintiffs counsel on or about December 7, 2000 notifying him that judgment was entered. 21. Defendant did not file the within petition until after Plaintiff filed an praecipe for writ of execution and attempted to levy on property of the Defendant. WHEREFORE, Plaintiff respectfully requests that Defendant's petition to open or strike be denied as Defendant has filed the petition with the wrong court, the Defendant has failed to allege a meritorious defense, the Defendant has failed to allege that the petition was timely filed, the Defendant has failed to allege that there is a reasonable excuse for the delay in filing the petition, and that the Defendant has failed to allege that a defect in the judgment appears on the face of the record. AMATOBy: A~P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing Answer and New Matter to Defendant's Petition to Strike/Reopen judgment are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff and my own information. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. AMtit;hnala;lyI~oe~laiYl~t~f~quire ~ · COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 .- . . : PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO STRIKE/REOPEN JUDGMENT Admitted. Admitted. Denied. It is specifically denied that Defendant disputes the validity of the Judgment. To the contrary, Defendant received notice of entry of Judgment in October, 2000. To date, Defendant has not filed a motion or petition with the Court that entered said Judgment disputing same. 4. Denied. It is strictly denied that the Judgment was entered by a court that lacked subject matter jurisdiction. To the contrary, the contract was entered into in Philadelphia County and Defendant was also required to make payment to Plaintiff in Philadelphia County. The cause of action, the failure of Defendant to make payment, arose in Philadelphia County. Defendant has failed to object to venue in this matter at all previous hearings. I. PEAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE FOR LACK OF SUBJECT MATTER JURISDICTION 5. Plaintiff incorporates the allegations of every paragraph enumerated as if said paragraphs were fully set forth here at length. 6. Denied. It is specifically denied that the Philadelphia Municipal Court lacked subject matter jurisdiction. To the contrary, the Philadelphia Municipal Court had proper jurisdiction for the reasons set forth in Paragraph 4 above. It is further denied that the Philadelphia Municipal Court is bound by the Pennsylvania Rules of Civil Procedure for District Justices (Pa.R.C.P.D.J.). To the contrary, the rules applicable to the Philadelphia Municipal Court are the Philadelphia Municipal Court Rules of Civil Procedure (Phila. M.C.R.Civ. P.). 7. Denied. It is specifically denied that the Judgment transferred from Philadelphia Municipal Court to the Cumberland County Court is void for lack of jurisdiction. To the contras, the Philadelphia Municipal Court had proper jurisdiction. Furthermore, Pennsylvania is a unified judicial system. The Philadelphia Municipal Court and the Court of Common Pleas of Cumberland County are members of that judicial system. Defendant cannot object to a judgment in the transferee court in Pennsylvania on a judgment entered in another Pennsylvania court. Any petition to open or strike judgment by Defendant must be filed in the court where the underlying judgment was entered and not in the transferee court. 8. Admitted and Denied. It is admitted that Defendant is requesting the Court of Common Pleas of Cumberland County to strike with prejudice the Judgment entered in the Cumberland County Docket. It is denied that Defendant is entitled to the relief requested. Wherefore, Plaintiff respectfully requests Defendant's Petition be denied. II. PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE/REOPEN JUDGMENT FOR LACK OF PERSONAL JURISDICTION 9. Plaintiff incorporates the allegations of every paragraph enumerated as if said paragraphs were fully set forth here at length. 10. Admitted in Part and Denied in Part. It is specifically denied that the Judgment entered by the Philadelphia Municipal Court was "transmitted" to the Court of Common Pleas of Cumberland County. It is admitted that the Judgment entered by the Philadelphia Municipal Court was transferred to the Court of Common Pleas of Cumberland County. It is further denied that the Judgment is defective on its face or that the Philadelphia Municipal Court lacked proper jurisdiction to enter the judgment. Defendant was properly served by the Philadelphia Municipal Court, failed to object to venue or jurisdiction and allowed a default judgment to be entered. 11. Denied. It is specifically denied that the Philadelphia Municipal Court lacked personal jurisdiction over Defendant, that the Judgment entered is infirm, or that the judgment should be voided or struck from the record. To the contrary, for the reasons stated above, the Philadelphia Municipal Court had proper jurisdiction. As such, the Judgment is proper and may not be voided or struck after being properly transferred to the Court of Common Pleas of Cumberland County. Wherefore, Plaintiff respectfully requests Defendant's Petition be denied. PLAINTIFF'S NEW MATTER TO DEFENDANT'S PETITION 12. Defendant does not have a meritorious defense to the underlying claim. 13. Defendant's Petition to Strike/Reopen was not timely filed. 14. Defendant has no reasonable excuse for the delay in filing a petition to open or strike judgment. 15. No fatal defect in the judgment appears on the face of the record. 16. Plaintiff's complaint, filed with the Philadelphia Municipal Court, was served upon Defendant. 17. Defendant did not object to venue or jurisdiction of the Philadelphia Municipal Court. 18. Defendant allowed a default judgement to be entered against him by the Philadelphia Municipal Court. 19. Defendant was aware that the judgment was entered within the first two weeks of November 2000. 20. Defendant received a letter from Plaintiff's counsel on or about December 7, 2000 notifying him that judgment was entered. 21. Defendant did not file the within petition until after Plaintiff filed an praecipe for writ of execution and attempted to levy on property of the Defendant. 'WHEREFORE, Plaintiff respectfully requests that Defendant's petition to open or strike be denied as Defendant has filed the petition with the wrong court, the Defendant has failed to allege a meritorious defense, the Defendant has failed to allege that the petition was timely filed, the Defendant has failed to allege that there is a reasonable excuse for the delay in filing the petition, and that the Defendant has failed to allege that a defect in the judgment appears on the face of the record. By:AMATO A~/~P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing Answer and New Matter to Defendant's Petition to Strike/Reopen judgment are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff and my own information. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. '~e.'t/~,. squire Attorney foP'Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten ~nd suk~itted in duplicate) TO THE' PROTHONOTARY OF CUMBERLAND COUNTY: Please ]ist the within matter for the next Arg~nent Court. CAPTION OF CASE (entire caption m~st be stated in ~11) BELL ATLANTIC - PENNSYLVANIA, INC. KARL E. ROMINGER i/t/a ROMINGER WEB (pi aintiff) ( Defendant ) No. 2001 civil 00913 19 State matter to be argued (i.e., plaintiff's motion for new trja3, defendant's d~mArrer to cc~p]aint, etc.): Defendant's Petition to Strike/Reopen Judgment 2. Identif7 counsel who ~ll argue case: (a) for plaintiff: Michael J. Kennedy, Esquire or Alan Mege, Esquire ;u~-es$: Amato, Margle & McKarski, P.C. 107 North Commerce Way Bethlehem PA 18017 (b) for defe~mnt: Karl E. Rominger pro se A~s: 155 South Hanover Street Carlisle PA 17013 3. I w~ 11 notify all r~rties in writing within ~ days that this case h~s been l~mted for ar~3t~r~nt. 4. Arg~_nt Court Date: D~ted: April 30, 2001 Atto~ for Plaintiff BELL ATLANTIC - PENNSYLVANIA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 KARL E. ROMINGER i/t/a ROMINGER WEB Defendant PRAECIPE TO REMOVE FROM ARGUMENT LIST TO THE PROTHONOTARY: Please remove the above captioned matter that is scheduled for July 25, 2001, from the argument list by agreement of the parties, without prejudice to relist at a later date. Date: July 20, 2001 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS, KARL E. ROMINGER i/t/a ROMINGER WEB No. 2001-00913 PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) Defendant(s) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishincls, e~luiDment, inventory, tools, vehicles, electronic eouipment, anv and all other personal proDertv belonqina to the above- named defendant(s). (2) against KARL E. ROMINGER i/t/a ROMINGER WEB, Defendant(s) (3) and against ........................................ Garnishee(s) (4) and index this writ (a) against .................................. Defendant(s) and (b) against ....................................... Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:(Specifically describe the property) (5) Amount Due $ 7,353.26 Statutory Interest From February 14, 2001 372.50 Less Payment $ 1,500.00 Costs $ Poundage Total $ 6,225.76 Date:January 4, 2002 Attorney File#: 2002227 AMATO AND~IGLE, P.C.~ Attorney I.D. No. 32323 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS, KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 WRIT OF EXECUTION : (MONEY JUDGMENTS) WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and cost against KARL E. ROMINGER i/t/aROMINGER WEB, Defendant(s); (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived. (2) You are also directed to attach the property of the defendant not levied upon in the possession of .................... ..................................................... Garnishee(s) 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 and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount Due Statutory Interest From February 14, 2001 7,353.26 372.50 Less Payments $ 1,500.00 Costs Poundage Total 6,225.76 plus add'l costs DATED (SEAL) Prothonotary - Cumberland County Court of Common Pleas, Cumberland County By Attorney File#: 2002227 Deputy IN THE CO,URT O'F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : : Plaintiff : No. 2001-00913 KARL E, ROMINGER i/Ua : ROMINGER WEB : CIVIL ACTION Defendant(s) CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant{s) is the address provided below, and request that the Sheriff serve the above named defendant{s) at: 155 South Hanover St CARLISLE PA 17013 Dated:Januarv 4, 2002 AMATO AND ~)RGLE, P.C.~ Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2002227 IN THE CO. URT (~F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) No. 2001-00913 CIVIL ACTION WAIVER OF WATCHMAN To the Sheriff: Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: January 4, 2002 Attorney File #: 2002227 AMATO AND~,RGLE, P.~ Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE CO. URT 0F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : : Plaintiff : : KARL E. ROMINGER i/t/a : ROMINGER WEB : Defendant : No. 2001-00913 CIVIL ACTION WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RIGHTS. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU MUST ACT PROMPTLY. THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PROPERTY IS SAID TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS ARE LISTED ON THE NEXT PAGE. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. (1) (2) IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. YOU SHOULD TAKE THIS PAPER 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IN THE COURT O'F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INC. : Plaintiff : No. 2001-00913 : VS. : KARL E. ROMINGER i/Ua ROMINGER WEB Defendant(s) CIVIL ACTION CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (i) set aside in kind (specify property to be set aside in kind): __ (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) my $300 statutory exemption: in cash; __ in kind(specify property): ; (b) Social Security benefits on deposit in the amount of $ ; (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: South Hanover Street, Carlisle, PA 17013 717-240-6195 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STATUTORY EXEMPTION 2. BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERAN AND ARMED FORCES BENEFITS. 7. CERTAIN INSURANCE PROCEEDS 8. SUCH OTHER EXEMPTIONS AS MAY BE PROVIDED BY LAW BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROMINGER WEB Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-00913 PETITION TO STAY EXECUTION AND RENEW PETITION TO STRIKE/REOPEN JUDGMENT AND NOW, comes Karl E. Rominger, pro se and avers as follows: 1. A Petition to Strike/Reopen Judgment was filed on March 2,2001. (Exhibit "A") 2. Said Petition to Strike/Reopen Judgment was never decided on its merits and was instead scheduled for Argument Court. 3. Said matter included a request for a Stay of Execntion. 4. Counsel for Plaintiff, Bell Atlantic praeciped to place the same on the Argument List for argument on July 25,2001. 5. The matter was removed without prejudice to re-list from the Argument List, by agreement of thc parties, by Praccipe of Defendant on July 20, 2001. (Exhibit "B") 6. On January 17, 2002, Bell Atlantic Pennsylvania had thc Sheriff execnte a levy on what is allegedly Defendant's property. 7. Defendant/Petitioner now asks that this Court stay the execution of the judgment and place the Petition to Strike/Reopen Judgment back on the Argument List to be decided on its merits. WHEREFORE, Petitioner respectfully requests this Court place the Petition to Strike/Reopen Judgment originally filed on March 2, 2001, on the Argument List and Order a Stay of the Execution. Date: January 17, 2002 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 BELL ATLANTIC - PENNSYLVANIA, Plaintiff Vo KARL E. ROMiNGER i/t/a ROM1NGER WEB Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-00913 . : ORDER OF COURT AND NOW, this __ day of ,2001, upon consideration of the Petition to Strike/Reopen Judgment of the Defendant, A Rule to Show Cause is issued upon Bell Atlantic Pennsylvania to show cause why the relief requested should not be granted. Said Rule returnable (20) twenty days of the date of service of this Order. Pending resolution of this Petition a Stay of Execution is granted. Distribution: Karl E. Rominger, Esquire Ronald Amato, Esquire Cumberland County Sheriff By the Court: BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROMINGER WEB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 : PETITION TO STRIKE/REOPEN JUDGMENT AND NOW, comes Karl E. Rominger, pro se, and avers as follows: 2 1. Judgment was entered on the trday of Municipal Court. ~) C/- ,2000, in Philadelphia 2. Said Judgment was transferred on February 14, 2001 to Cumberland County Prothonotary for entry upon the record. 3. Petitioner disputes the validity of that Judgment. 4. Petitioner believes and therefore avers that the Judgment was entered by a Court which did not have subject matter jurisdiction to do such. I. MOTION TO STRIKE FOR LACK OF SUBJECT MATTER JURISDICTION 5. Previous paragraphs incorporated by reference. 6. Under the Judicial Code and pursuant to the Rules of Civil Procedure governing actions which proceed before District Justices, in particular Rule 302. Venue., subject matter jurisdiction did not exist. 7. The Judgment transferred to Cumberland County is based upon a Court Order and Judgment where the underlying Court did not have subject matter jurisdiction, and the Judgment is void. 8. Petitioner requests that this Court strike said Judgment from the Cumberland County Docket with prejudice. WHEREFORE, Petitioner respectfully requests that this Honorable Court strike or vacate the Judgment in the above captioned matter, and pending resolution Stay of Execution. II. MOTION TO STRIKE/REOPEN JUDGMENT FOR LACK OF PERSONAL JURISDICTION 9. Previous paragraphs incorporated by reference. 10. The Judgment transmitted to Cumberland County is defective on its' face insomuch as it does not contain any evidence that personal jurisdiction was obtained by the issuing authority. 11. Without personal jurisdiction, the Judgment is infirm and should be voided or struck from the record. WHEREFORE, because the Judgment in the above referenced matter, contains no evidence of the Court securing personal jurisdiction over the Defendant, Petitioner respectfully requests that this Honorable Court strike said Judgment or in the alternative open said Judgment. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID it 81924 Date: March 2, 2001 BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/ifa ROMINGER WEB Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2001-00913 : : : CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, pro se do hereby certify that I this day served a copy of the Motion to Strike upon following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Ronald Amato, Esquire AMATO AND MARGLE, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: March 2, 2001 Karl E. Rominger, Esquire Pro Se BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROMINGER WEB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 PRAECIPE TO REMOVE FROM ARGUMENT LIST TO THE PROTHONOTARY: Please remove the above captioned matter that is scheduled for July 25, 2001, from the argument list by agreement of the parties, without prejudice to relist at a later date. Date: July 20, 2001 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROM1NGER WEB Defendant : iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, Pro Se do hereby certify that I this day served a copy of the Petition to Stay Execution and Renew Petition to Strike/Reopen Judgment upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: January 17, 2002 Cumberland County SherifFs Office One Courthouse Square Carlisle, PA 17013 Ronald Amato, Esquire AMATO AND MARGLE, P.C. 107 North Commerce Way Bethlehem, PA 18017 Via Fax and First Class Mail Karl E. Rominger, Esquire Pro Se BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROM1NGER i/t/a ROMINGER WEB Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 ORDER OF COURT AND NOW, this z$" day of ~a,.~ ,2002, upon consideration o£the Defendant's Petition and prior Petition to Strike/Reopen Judgment of March 2, 2001, a Rule to Show Cause is issued upon Plaintiff to show why this matter should not be placed on the list for the next scheduled Argument Court. Pending resolution of this Petition and the underlying Petition to Strike/Reopen Judgment, a Stay o£Execution is granted by the Court. Said Rule is returnable in twenty (20) days from the date of this Order. Distribution: ,~a[} E. Rominger, Esquire nald Amato, Esquire g2'~mberland County Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) : No. 2001-00913 2, 3, 4. petition. 5. PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO STAY EXECUTION AND RENEW PETITION TO STRIKE/REOPEN JUDGMENT Admitted. Admitted. Admitted Admitted. Defendant failed to request the argument be scheduled on his Admitted that Defendant removed case from argument. Denied that the parties agreed that Defendant could remove the case without prejudice. The agreement was that Defendant would discontinue his petition to strike/reopen judgment. 9. 10. Defendant. 11. Admitted. Admitted. Denied that Defendant is entitled to the relief requested. Wherefore, Plaintiff respectfully requests Defendant's Petition be denied. PLAINTIFF'S NEW MATTER TO DEFENDANT'S PETITION Plaintiff filed suit against Defendant in the Philadelphia Municipal Court. A default judgment was entered against Defendant and in favor of Plaintiff. Plaintiff transferred said judgment and filed a writ of execution against Defendant filed a petition to open and petition to strike judgment. 12. The parties settled the above matter and Defendant agreed to pay to Plaintiff $5,000.00. A true and correct copy of Plaintiff's settlement letter is attached hereto, made a part hereof, and marked Exhibit "A". 13. Defendants payments of $500.00 were due on July 28, 2001 and the 28th of each month thereafter until $5,000.00 was paid. 14. Defendant made two payments to Plaintiff: $1000.00 on September 10, 2001 and $500.00 on October 22, 2001. 15. Thereafter defendant failed to make further payments and a writ of execution was again filed by Plaintiff and Defendant reschduled his petition to open and petition to strike judgment. AMATO ~ By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 LAW OFFICES OF 'AMATO, MARGLE & McKARSKI, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 ran~to~amatolaw.cotn MICHAEL ~. KENNEDY~¢ mkennedyOamatolaw.com ALAN R. MEOE~' amege~amatolaw.co~ KRISTOPHER T. SMULL~' kamullOamalolaw.corn JEFFREY H. LEVY5'? OF COUNSEL July 20, 2001 Karl E. Rominger 155 South Hanover St CARLISLE PA 17013 Re: BELL ATLANTIC - PENNSYLVANIA,INC. v. KARL E. ROMINGER Court of Common Pleas of Cumberland County Civil Action No.: 2001-00913 Our File #: 2002227 Dear Mr. Rominger: This letter will confirm that our client is willing to accept your offer of ~5,000.00 in full settlement of this claim. The settlement is to be funded in monthly installments of $500,00, commencing July 28, 2001. The offer will be accepted in full settlement of the above- captioned matter. All payments are due on the 28th of the month. Once we are in receipt of cleared funds we will satisfy the judgment entered of record in the above Common Pleas Court case and in the Philadelphia Municipal Court. You have agreed to withdraw your petition to open/strike judgment with prejudice. Please confirm this by letter to the court today and service on our office by facsimile. You have 15 days to cure any default in the payment and we will take no further steps regarding execution on the judgment pending payment. In order to insure I~rol~er credit, all checks under this aoreement are to be made I~ayable to "Ronald Amato -Attv for Bell Atlantic-Penna, Inc." and forwarded to our Bethlehem office. If you have any questions regarding the aforementioned, please do not hesitate in contacting our office. As time is of the essence of this settlement, it is required that this settlement be funded in a timely fashion. Your prompt attention and cooperation in closing out this matter is required. Very truly yours, AMATO, MARGLE & McKARSKI, P.C, By: Michael J. Kennedy FORWARDED VIA FACSIMILE AND REGULAR MAIL TO 717-241-6878 EXHIBIT SEND C~NFZRMATZON REPORT FOR AMATO AND MARGLE PC 610-866-9155 JUL-20-01 10:25AM JOB START TIME 261 7/20 1D:24AM TOTAL TYPE PAGES MODE / STATUS USAGE PHONE NUMBER/ADDRESS 0'27" 17172416878 .................. SEND .............. 1/ 1EC144~COMPLETED 0'27" PAGES SENT; 1 PAGES PRINTED: O A~L~TO, MARGLE & McKARSKI, P.C. ~o~ ~OeT~ CO~aC~ W^V PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sut~itted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Arg~nent Court. CAPTION OF CASE (entir~ caption must be stated in full) BELL ATLANTIC - PENNSYLVANIA, INC. KARL E. ROMINGER i/t/a ROMINGER WEB ( Plaintiff ) ( Defendant ) NO. 00913 Civil Action ~ 2001 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's denu~er to c~,]~nt, etc.): Defendant's Petition To Strike/Reopen 3udgement 2. Identify counsel who wi ] ] argue case: (a) for plea.tiff: ;u%~ress: Michael J. Kennedy 107 North Commerce Way Bethlehem, PA 18017 (b) for defendant: ~d~ess: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle PA 17013 3. I will notify all parties in writing within t~odays that thJ~ case has been listed for arg~nent. 4. Arg~,ent Court Date: Dated: March 7, 2002 May 22, 2002 Atto~ Ronald Amato. Esou{r~ M/~Y 1 7 BELL ATLANTIC - PENNSYLVANIA, Plaintiff : iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 KARL E. ROM1NGER i/t/a ROMINGER WEB Defendant scheduled for May 22, 2002, is rescheduled t ORDER OF COURT ,2002, the Argument previously next Argument Court. The Prothonotary is directed to list the matter for the same. Distribution: Km'l E. Rominger, Esquire Robert A. Amato, Esquire Prothonotary's Office BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROM1NGER i/t/a ROM1NGER WEB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 MOTION FOR CONTINUANCE AND NOW, comes Karl E. Rominger, pro se, and avers as follows: 1. There is a hearing scheduling in Argument Court for May 22, 2002 at 8:30 a.m. 2. Karl E. Rominger, Esquire has to be in Superior Court for Argument on the same day. 3. Attorney Rominger is unable to continue the Superior Court Argument. 4. Opposing Attorney Michael Kennedy has been contacted and is in agreement with the continuance. WHEREFORE, Defendant respectfully requests a continuance on the Argument now scheduled for May 22, 2002, and requests that same be rescheduled to the next Argument Court. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 1D # 81924 Date: May 16, 2002 BELL ATLANTIC - PENNSYLVANIA, Plaintiff KARL E. ROMINGER i/t/a ROMINGER WEB Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-00913 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, pro se do hereby certify that I this day served a copy of the Motion for Continuance upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Robert A. Amato, Esquire AMATO AND MARGLE, P.C. 107 North Commerce Way Bethlehem, PA 18017 Karl E. Rominger Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, : INc. : Plaintiff No. 2001-00913 VS. KARL E. ROMINGER i/t/a ROMINGER WEB Defendant(s) CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. AMATO AND MABGLE, P.C. By: ~ Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi~ writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 poUndage 40.00 Advertising ~ Law Library (~ Prothonotary 1.00 ~:m Mileage 3.45 1~ Misc. (~) Surcharge _20.00'i Levy 20.00 Post Pone Sale Garnishee 112.45 Advance Costs: 1~0.00 Sheriffs Costs: 112.45 37.55 Refunded to Atty on 7/22/02 Swom and Subscribed to before me This 2002 A.D.(~, ' l~othonotary So Ans~s.;w R. Thomas Kline, Sheriff . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO01-913 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Bell - Atlantic - Pennsylvania, Inc. PLANTIFF(S) From Karl E. Rominger i/ifa Rominger Web, 155 South Hanover St., Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, fumishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal property belonging to the above-named defendant(s). (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 $6,225.76 L.L. Interest Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $45.00 Plaintiff Paid Date: January 11, 2002 REQUESTING PARTY: Name Ronald Amato, Esq. Address: 107 North Commerce Way Bethlehem, PA 18017-8930 Attorney for: Plaintiff Telephone: 610-866-0400 Supreme Court ID No. 32323 CURTIS R. LONG Prothonotary, Civil Division