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Home My WebLink About10-6801SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .lody S Smlth 4~ tiit~' tit ~u~rd~rpr~ ~~ Chief Deputy ~~- Richard W Stewart Solicitor ,~,EF . k ~F - ~~-~:~F~ Brothers Logistics, Inc. Case Number vs. James R. Ward 2010-6801 SHERIFF'S RETURN OF SERVICE 10/28/2010 05:00 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2010 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James R. Ward i/t/d/b/a Old Trail Industries, by making known unto himself personally, at 590 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, D PU SHERIFF COST: $34.30 October 29, 2010 SO ANSWERS, ,, "`_--- RON ~ R ANDERSON, SHERIFF ~: ~- ~., ~' ~, --~ "" 4 ~ 1_st i T ~ ~ ~!; 4 ~' ',;~ ~,,.7 ,~ ~...'r'1 ..:~~ ~C 3 .~~, '_ .. ~ -: is Cou;~}ySuite Sheriff. T21?~c::ft. L„'. % . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, VS. JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant. Civil Action No. 10-6801 PRAECIPE FOR DEFAULT JUDGMENT C'1 c -? z rn FILED ON BEHALF OF ? o Plaintiff(s) W = ca zc z`n COUNSEL OF RECORD OF 5:c r rn THIS PARTY: 4 C:) SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 JACK P. BOCK, III, ESQUIRE PA ID #201758 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. X0073783 lk'vA ?3 'Nb? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. Civil Action No. 10-6801 JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant. PRAECIPE FOR JUDGMENT To the Prothonotary: Kindly enter Judgment against the defendant(s) above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $5,043.02, plus continuing legal interest at the rate of 6% per annum on the declining balance computed as follows: Amount claimed in Complaint $5,003.12 Interest from 10/2/10-11/24/10 on $4,580.00 $ 39.90 TOTAL $5,043.02 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BERNSTEIN LAW FIRM, P.C. By: Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff: c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 590 Baltimore Pike Mount Holly Springs PA 17065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, VS. JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant. TO: JAMES R. WARD OLD TRAIL INDUSTRIES 590 Baltimore Pike Mount Holly Springs PA 17065 Civil Action No. 10-6801 IMPORTANT NOTICE Date of Notice: November 18, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 Telephone: 717-249-3166 (1-800) 990-9108 Bernstein Law Firm, P.C. By: /s/ Shawn P. McClure Shawn P. McClure, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are/are not active members of the Armed Forces of the United States or any other military or non-military service covered by the Servicemembers Civil Relief Act, as amended, December, 2003 ("SCRA"). The undersigned further states that if said party is engaged in military or non-military service, as defined within the SCRA, the undersigned is without receipt of or knowledge of an Application for Relief as required by the SCRA. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-29-2010 06:59:24 -K Last First/Middle Name Begin Date Active Duty Status Active Duty End Date Service Agency WARD JAMES Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/yis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appi/scra/popreport.do 11/29/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:DN07N9RHO6 https://www.dmdc.osd.mil/appi/scra/popreport.do 11/29/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant, and PNC BANK, Garnishee. l* r /o 7 3a Pci 4*j CIZU-r C-L Civil Action No. 10-6801 PRAECIPE FOR WRIT OF EXECUTION FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: x? "' aJv SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8114 BERNSTEIN FILE NO. X0073783 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant, and PNC BANK, Garnishee. To the Prothonotary: Civil Action No. 10-6801 PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Defendant: James R. Ward i/t/d/b/a Old Trail Industries 590 Baltimore Pike, Mount Holly Springs, PA 17065 3. against Garnishee: PNC Bank 2 West Pine Street, Mount Holly Springs, PA 17065 4. JUDGMENT $5,043.02 Interest from 11/25/10 to 3/29/11 on $4,580.00 at 6% $ 93.36 Poundage: $ 100.86 SUBTOTAL: $5,237.24 Costs (to be added by Prothonotary): $ Date: 3 4 BERNSTEIN LAW FIRM, P.C. By Shaw P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. X0073783 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6801 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BROTHERS LOGISTICS, INC. Plaintiff (s) From JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES LOCATED AT 590 BALTIMORE PIKE, MOUNT HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK AT 2 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065 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 $5043.02 L.L.$.50 Interest FROM 11/25/10 TO 3/29/11 ON $4,580.00 @6% -- $93.36 Atty's Comm % Due Prothy $2.00 Atty Paid $167.30 Other Costs TO BE ADDED Plaintiff Paid Date: 4/6/11 David D. Buell, Prothonotary BY: /10e ??? (Seal) Deputy REQUESTING PARTY: Name SHAWN P. McCLURE, ESQURE Address: SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8114 Supreme Court ID No. 205951 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Brothers Logisti s, Inc. vs. James R. Ward FILED-OFFICE OF THE QROTHONTARy "'I APR 18 PM k 22 CIMBERL AND COUP i it PENNSYLVANIA Case Number 2010-6801 SHERIFF'S RETURN OF SERVICE 04/15/2011 09:4 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 011 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mon es of the within named defendant, to wit: James R. Ward individually and trading and doing business as Id Trail Industries, in the hands, possession, or control of the within named garnishee, PNC Bank, 2 W Pin Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065, by handing to Judy Yaw, Branch Man ger, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 18, 2011 to James R. Ward IATADBA Old rail Industries, 590 Baltimore Pike, Mount Holly Springs, PA 17065. April 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 'BY i Michelle Gutshall, Deputy un' ate ; ..r'. f SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee BROTHERS LOGISTICS, INC. VS. JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE F lLED-0 FICE THE PROTHONOT,'.t . "911APR28 PM12:03 CUMBERLAND PENNSYLVANIA ' COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-6801 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. JON C. SjR] Attorney for Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee BROTHERS LOGISTICS, INC. vs. JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES and ZfI1HAY_t2 pp r.: ., ?IUMBERLAND PENNSY? COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 10-6801 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: BROTHERS LOGISTICS, INC., Plaintiff 1. No. 2. Account titled James R. Ward dba Old Trail Industries has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, and allowing for the general monetary exemption under 42 Pa.C.S. § 8123 there is a balance of $6,006.18. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached funds. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed th?{amount of th gene 1 monetary exemption under 42 Pa.C.S. § 8123? \`4 (A) No. JON C.XIRLIN Dated: ttornev Tior Garnishee I VERIFICATION The undersigned hereby verifies that I am an authorized representative. of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. RE: BROTHERS LOGISTICS, INC. VS JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES DOCKET NO.: 10-6801 N. J L CIND C Supervisor, Garnishment Processing Position DATE: April 26, 2011 Lit-233946.1 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee BROTHERS LOGISTICS, INC. VS. JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES and -r} cn w C --4Ca C-- - rs COURT OF COMMON PL COUNTY OF CUMBERLAI can 7'_ NO. 10-6801 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: $300.00 Notary Charges: $ 0.00 Entry of Appearance: $ 0.00 Answers to Interrogatories: $ 0.00 Order to Discontinue or Satisfy $ 0.00 Other: NI, 01 n nn \ TAL: JON C. I IN Attor ey for arnishee Costs are hereby taxed in the amount of $ _ this _\ day of , 2011. OTAR BY: BROTHERS LOGISTICS, INC. VS. JAMES R. WARD INDIVIDUALLY AND TRADING AND DOING BUSINESS AS OLD TRAIL INDUSTRIES COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-6801 and r" w zm ' xr?- PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.# moo TO THE PROTHONOTARY: C rv rv -< C?l -v ? ca ?' s? cz-n m Kindly mark the judgment entered against the Garnishee, PNC Bank, National Association, in the above matter, satisfied upon payment of your costs only / l _ SHAWN P. MCCLURE Attorney for Plaintiff Dated: Z(Zt , }9.e.M da 0 yIa O?F D 60 p (T T FILED-OFFICE PROTHONOTARY tarp JL _8 PM 3; 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant, and PNC BANK, Garnishee. Civil Action No. 10-6801 PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. X0073783 ??. ,,coy ?-acissr3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. Civil Action No. 10-6801 JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Commonwealth of Pennsylvania County of Allegheny Sworn to and subscribed before e i day of k,,22 4vNoty Public Notarial s-==? of Y Of Pa BON°' ?4' Putac MY ? A?Isg?Y Member, Pennsyi )V? Oct 23 11 As80CiaNOn of w.,.... BERNSTEIN LAW FIRM, P.C. By: Shawn P. McClure, Esquire PA ID #205951 Attorneys for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: X0073783 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BROTHERS LOGISTICS, INC., Plaintiff, vs. Civil Action No. 10-6801 JAMES R. WARD individually and trading and doing business as OLD TRAIL INDUSTRIES, Defendant. CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SATISFACTION OF JUDGMENT was served on the Defendant's attorney by regular U. S. Mail, postage prepaid, this day of June, 2011, addressed as follows: James R. Ward t/d/b/a Old Trail Industries 590 Baltimore Pike Mount Holly Springs, PA 17065 Shawn P. McClure, Esquire