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HomeMy WebLinkAbout11-0172RANDALL LAKEFISH, Plaintiff v. SOLUTION INFUSION, LLC, a foreign Limited Liability Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- ~7oZ CIVIL TERM PRAECIPE TO TRANSFER OREGON JUDGMENT PURSUANT TO 42 PA. C.S.A. §4306 To the Prothonotary of Cumberland County: .r;'. _ ~,_ 1 E c;~i r ~.. _. ... c~ ;.> ~ c~ a~. F~ - .a AND NO W, comes the Plaintiff, Randall Lakefish, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby requests that in accordance with the Certification of Docket Entries and Judgment of the Circuit Court of the State of Oregon for the County of Multnomah, which is attached hereto, and pursuant to Pa. C.S.A. §4306, relating to Enforcement of Foreign Judgments, transfer and fully domesticate the judgment in the Cumberland County Court of Common Pleas in favor of Plaintiff Randall Lakefish and against Defendant Solution Infusion, LLC, in the sum of $22,546.47, plus interest, attorney's fees, additional ~~.: costs and fees incurred until paid in full ~a '~ ~~ °~~''^"* +'~° ~ '" ~'"''"''` eftaeked-te-~cl?r~eipe: r + •• 7'1 !'~.,_a: 1•x..,,1 T._t__ T„i« t , a. ~~ MARTSON LAW OFFICES Pr~.~a9UO pig rrbs~ny By: J George B. Faller, Jr., Es e ~J(~' a3 L13o1 I.D. No. 49813 ~~~ X33 ~/as Seth T. Mosebey, Esquire I.D. No. 203046 ~~~~~ ~~,~~ 10 East High Street Carlisle, PA 17013 Date: ~ / ~ol» (717) 243-3341 ~~. a4,~~ e~LC w 1~~ ~~r L Any ~~„ ~' ~-J , /li~ln ~"7 IN THE CIRCUIT COURT OF THE STATE OF OREGON . FOR MULTNOMAH COUNTY EXEMPLIFICATION CERTIFICATE STATE OF OREGON ) Multnomah County ) Case Title: RANDALL LAKEFISH V. SOLUTION INFUSION, LLC, a foreign Limited Liability Company Case # 1007-10367 I, Jean Kerr Maurer, Presiding Judge of the Circuit Court of the State of Oregon for the County of Multnomah, a court of record of general jurisdiction and having an official seal, DO HEREBY CERTIFY that Douglas M. Bray, whose name appears on the following certificate of attestation is now and was at the time of the signing and sealing of the following certificate, Clerk of the Circuit Court for the said County and State, and that full faith and credit are due to all his official acts as such, and that said attestation is executed by his authorized deputy in due form of law. IN TESTIMONY WHEREOF I have hereunto set my hand and official character this 21 day of December 2010. ' ~~ J Kerr Maurer residing Judge of the Circuit Court'° ' STATE OF OREGON ) Multnomah County ) Go~~~ ~ S to lF a~ 0 j 7^ V ~ \. ~ G> ~ r . ~ c;7 * .. .. G~TNO M AH ~~ I, Douglas M. Bray, Court Administrator and Clerk of the Circuit Court of the State of Oregon for Multnomah County, a court of record of general jurisdiction and having an official seal, as legal keeper and custodian of the records and seals thereof, do hereby certify that the forgoing copy of CASE REGISTER OF ACTIONS AND JUDGMENT-GENERAL WITH MONEY AWARD has been compared with the original by me and that it is a true and correct transcript therefrom and of the whole of such original as the same appears of record and on file in my office and in my custody. I FURTHER CERTIFY that the Honorable Jean Kerr Maurer is now and was at the time of signing the foregoing certificate of attestation, one of the duly commissioned and qualified judges of the Circuit Court of the State of Oregon for Multnomah County, and that full faith and credit are due to all her official acts as such, and that her attestation hereto annexed is in due form IN TESTIMONY WHEREOF, I have hereunto set my hand by my duly authorized deputy and affixed the seal of the Court. this 21 day of December , 2010. Douglas M. Bray Circuit Court Administrator ~1 By: Form #02-09 (01/08) Exemplification `o~~~, Sfq~F~~ o~ J ~ . ~ G~ O G? + ~ Z ~~'~MAM ~~~~ JLD 12/20/10 4:36 PM Case Register........ Multnomah Circuit Court Status Closed Case#...... 100710367 Lakefish Randall/Solution Infusion LLC Civil Other Case Filed Date..... 7/15/10 Case Started Date... 7/15/10 At Issue Date....... First Setting Date.. Trial Scheduled Date Trial Start Date.... Length of Trial..... Disposition Date.... Final Order Date.... 10/22/10 Reinstated Date..... Starting Instrument.. Originating From..... Previous Court....... Previous Court Case#. Master Case Number... Relation to Master... Amount Prayed for.... Termination Stage.... Termination Type..... Judgment Type........ Judgment Status...... Judgment Volume/Page. Complaint Original filing $.00 Judgment General Crea Unsatisfied _ ROLE PLAINTIFF ATTORNEY 1 Plaintiff Lakefish Randall Parks Gary Abbott _ ROLE DEFENDANT ATTORNEY 1 DEF JIIDG Solution Infusion LLC _ ENTER DT FILE DT EVENT/FILING/PROCEEDING 1 7/15/10 7/15/10 Complaint Oregon State Wage Claim; Failure to Maintain Oregon Registration; Claim Under $49,999.99; SUBJECT TO MANDATORY ARBITRATION 2 7/16/10 7/16/10 Arbitration Eligible 3 7/16/10 7/15/10 Application for Waiver of Fees PTF 1 Lakefish Randall 4 7/16/10 7/15/10 Order Fee Waiver in Whole PTF 1 Lakefish Randall 7/15/10 Signed JUD 1 Clerk 5 9/26/10 9/26/10 Notice/Rule 7 - 63 day DEF 1 Solution Infusion LLC 6 9/28/10 9/27/10 Affidavit of Service by mail DEF 1 Solution Infusion LLC 8/02/10 Mailed 7 10/05/10 9/30/10 Affidavit of Service by 1st class mail DEF 1 Solution Infusion LLC 8/02/10 Mailed 8 10/06/10 10/06/10 Call Scheduled Prima Facie (15 min) Gary Parks 9 10/06/10 9/30/10 Motion Default Order SCHD DT TIME ROOM 10/21/10 9:01 AM 208 PAGE 1 ENTER DT FILE DT EVENT/FILING/PROCEEDING PTF 1 Lakefish Randall 10 10/06/10 9/30/10 Declaration of Gary Abbott Parks not miltary minor or protected amt due PTF 1 Lakefish Randall Related event # 9 11 10/06/10 10/04/10 Order of Default PTF 1 Lakefish Randall 10/O1/10 Signed JUD 2 MAURER JEAN K. Related event # 9 Related event # 10 12 10/21/10 10/21/10 Hearing Prima Facie Scheduled Prima Facie Gary Parks Est length of time 30 Minute (s 13 10/27/10 10/27/10 Notice/Rule 7 - 91 day DEF 1 Solution Infusion LLC 14 10/27/10 10/22/10 Declaration of Gary Abbott Parks support- ing statement of atty fees for ptf and costs bill PTF 1 Lakefish Randall 15 10/27/10 10/22/10 Statement Attorney Fees and cost bill $4772 w/att PTF 1 Lakefish Randall 16 10/27/10 10/22/10 Judgment General Creates Lien with money award 10/22/10 Signed JUD 3 MARCUS MICHAEL H. Related event # 18 Judgment ## 1 17 10/27/10 10/22/10 Closed 18 10/28/10 10/28/10 Notice Entry of Judgment PRV 1 Parks Gary Abbott ******** END OF DATA ******** ,; ~, SCHD DT TIME ROOM 10/22/10 10 :15 AM THII~I PAGE 2 TO ~ A TRUE ~@MY tt'IF DEC 2 ~2 201t~ 1 2 ~ 3 ~4 ~5 ~"` 6 ~,] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Northwest WageLaw, LLC 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 ~~~F~~a GARY ABBOTT PARKS ~ ~'~ ~~~~ Attorney at Law ®~ ~ ~,~~ (503) 295-0431 ~`""~`~" (503) 265-8244 fax ~'~~~~~~~ ' Gary.parks@northwestwagelaw com RECEdVED ~;UL.TNDhfAN COUN1 Y 10 OCT 22 P~! 1.2-} F1L ED IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH RANDALL LAKEFISH, v. SOLUTION INFUSION, LLC, a foreign Limited Liability Company Defendant. JUDGMENT GENERAL WITH MONEY AWARD The court entered an Order of Default against defendant. Based on the filings and other documents in this case, and upon the parties' materials filed herein, and the Court being fully advised in the premises, now therefore: I. All issues of fact and law in respect to the claims disposed of herein have been fully adjudicated, decided in plaintiff's favor, and determined by this judgment, and II. It is hereby: ORDERED, ADJUDGED, and DECREED that plaintiff Randall Lakefish have judgment against defendant as follows: 1.) In the amount of $16,455.27 on plaintiff's first claim for relief for JUDGMENT -GENERAL WITH MONEY Northwest WageLaw, LLC AWARD 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 Phone (503) 295-0431 Fax (503) 265-8244 Page 1 of 4 Case No. 10.07-10367 Plaintiff, JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 unpaid wages, 2.) In the amount of $400.00 on plaintiff's second claim for relief for unlawful withholding, 3.) In the amount of $5,191.20 on plaintiff's third claim for relief for late payment of wages, 4.) In the amount of $500.00 on plaintiff's fourth claim for relief for failure to register assumed business name; 5.) For pre-judgment interest on all the above amounts at 9~o per annum from the 12 April 2010 until paid; 6.) For costs, disbursements in the amount of ~.35'~ tlV 7.) For a prevailing party fee of $275.00, 8.) For attorney fees in the amount of ~ `f ~b 2. oD 9.) For post-judgment interest on all the above amounts at the statutory rate from the date of entry of this judgment until paid; MONEY AWARD A. Judgment Creditor: Randall Lakefish 2614 NE 32~d Place Portland OR 97212 Creditor's Attorney: B. Judgment Debtor(s): A. Name: Address: Gary Abbott Parks 9320 SW Barbur Blvd. Ste 135 Portland, OR 97219 Solution Infusion, LLC. 11936 W 1 19t" St. Ste. 108 Overland Park, KS 66213 DOB: N/A SSN: N/A ODL: N/A JUDGMENT -GENERAL WITH MONEY AWARD Northwest WageLaw, LLC 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 Phone (503)295-0431 Fax (503)265-8244 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Attorney: NONE C. Person or public body entitled to any portion of payment from judgment: 1. NONE D. Amount of money award: X16,455.27 ~ 400.00 $ 5,191.20 500.00 E. F. IG TOTAL: S22.546.47 Interest owed as of date judgment is entered: $ 845.49 Balance: rate of interest: 9~0 date interest commenced 14 April 2010 compounded at: (simple, monthly, etc.): simple Post judgment interest: None accumulated yet Balance: None accumulated yet rate of interest: 9% date interest commences: September 2010 compounded at: (simple, monthly, etc.): simple Periodic basis information: NONE arrearages required further payments per period payment dates JUDGMENT -GENERAL WITH MONEY AWARD Northwest WageLaw, LLC 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 Phone (503)295-0431 Fax (503)265-8244 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H. Costs, disbursements, attorney fees: PREVAILING PARTY FEES = $ 275.00 COSTS = $ ~3S.vo ATTORNEY FEES = $ '~j`"`~ ~*-2-- O~7 DATED: DG~ z~', ,20~ 0 ~~ Circuit Court Judge Printed or Typed Name of Circuit Court Judge Respectfully subrr~:t#y: GARY ABBOTT PARKS, OSB# 93392 Attorney for Plaintiff 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 (503) 295-0431 Northwest WageLaw, LLC 9320 SW Barbur Blvd Ste 135 Portland OR 97219-5405 Phone (503) 295-0431 Fax (503) 265-8244 Page 4 of 4 -'~ ME A TIlU! t1f ~'~~- RANDALL LAKEFISH, Plaintiff v. SOLUTION INFUSION, LLC, a foreign Limited Liability Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL TERM AFFIDAVIT PURSUANT TO 42 PA C S A §4306 AND NOW, comes Seth T. Mosebey, Esquire, of the law firm MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, on behalf ofPlaintiff, and in support of his Praecipe to Transfer Oregon Judgment Pursuant to 42 Pa. C.S.A. §4306, swears and affirms under the penalties of 18 Pa. C.S.A. §4904 the following: 1. The document titled Judgment is a true, accurate, and certified copy of the judgment that was entered in the above-captioned case in the Circuit Court of the State of Oregon for the County of Multnomah on October 27, 2010, 2. The same judgment is valid, enforceable, and unsatisfied and is thus qualified for domestication in the Cumberland County Court of Common Pleas pursuant to 42 Pa. C.S.A. §4306. MARTSON LAW OFFICES Sworn to before me a Notary Public this lIl ~ day of January, 2011. -~~~~ otary Public By: 3, Seth T. Mosebey, Esq e Attorneys for Plaintiff coMMONw~rH of PeNNSnvnN~- Noradal seal Mary M. Prtoe, Notary PubNC Carlbb Bono, CuribeAand tormp- My C.ornrr~ior- E~k'ea Aup.18,2011 Member, Pennsylvania Assod~tlon d NoWks RANDALL LAKEFISH, Plaintiff v. SOLUTION INFUSION, LLC, a foreign Limited Liability Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL TERM CERTIFICATE OF ADDRESSES PURSUANT TO 42 PA. C.S.A. §4306 AND NOW, comes Seth T. Mosebey, Esquire, of the law firm MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, on behalf of Plaintiff and in support of his Praecipe to Transfer Oregon Judgment Pursuant to 42 Pa. C.S.A §4306, swears and affirms under the penalties of 18 Pa. C.S.A. §4904 the following: 1. That the address of Solution Infusion, LLC, who is the judgment debtor in the above- captionedcase, is 415 Fallowfield Road, Camp Hill, Cumberland County, PA 17011. 2. That the address of Randall Lakefish, who is the judgment creditor in the above- captionedaction is c/oNorthwest Wagelaw, LLC, 9320 SW Barbur Boulevard, Suite 135, Portland, OR 97219-5405. MARTSON LAW OFFICES Sworn to before me a Notary Public this /D ~i day of January, 2011. otary Public ~, By: J, Seth T. Mosebey, Esqu' Attorneys for Plaintiff coMMOlwv~rl-l of l~snva~aN lVoarlet seal AAery M. Pdoe, NobrY P~~bYc C~rNsle Bow, Qmbe~land Camq- My ~? Aup.18, ZO'N Member. Penrtaylvarde AssociMfon d NohAn CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Solution Infusion, LLC 415 Fallowfield Road Camp Hill, PA 17011 MARTSON LAW OFFICES ~ ~y By l , ~~. M. Price 1 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~ ~~/`/ J 0 George B. Faller, Jr., Esquire n G y- I.D. 49813 ? Seth T. Mosebey, Esquire o I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER tLp? MARTSON LAW OFFICES N v 10 East High Street y. y Carlisle, PA 17013 '', (717) 243-3341 Attorneys for Plaintiff Randall Lakefish RANDALL LAKEFISH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2011- 172 CIVIL TERM SOLUTION INFUSION, LLC, a foreign Limited Liability Company, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendant Solution Infusion, LLC, having an address of 415 Fallowfield Road, Camp Hill, Pennsylvania 17011; (3) against Graystone Bank, having an address at 3599 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17015, as Garnishee (Account No. 1710008531); and (4) enter this writ in the judgment index against Defendant Solution Infusion, LLC; (5) The amount due to Plaintiff is itemized as follows: p o5t/'5U ? 3S GG (+!S F q?. oo Po ATrY Caw 3 CO' - '2P/?f} ,?,< 3y''q 3 Unpaid principal balance of judgment Interest (through 10/27/10) Interest from October 27, 2010, at the rate of $ per day Prevailing parry fee du 06" GCS i / c_ $22,546.47 $845.49 $ $275.00 Attorney fees $4,462.00 Costs to be added $ Total * To be determined by the Sheriff of Cumberland County, (6) Please direct the Cumberland County Sheriff to execute upon any and all personal property that is owned by the above Defendant. MARTSON LAW OFFICES By: J George B. Faller, Jr., quire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 Date: ) 12,o Y 11 (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Solution Infusion, LLC 415 Fallowfield Road Camp Hill, PA 17011 MARTSON LAW OFFICES By? M. Price 1 East High Street Carlisle, PA 17013 (717) 243-3341 Date: / lail /l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-172 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RANDALL LAKEFISH Plaintiff (s) From SOLUTION INFUSION, LLC, A FOREIGN LIMITED LIABILITY COMPANY AT 415 FALLOWFIELD ROAD, CAMP HILL, PA 17011 (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 GRAYSTONE BANK AT 3599 GETTYSBURG ROAD, CAMP HILL, PA 17015 ACCT NUMBER 1710008531 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 $22,546.47 Interest (THROUGH 10/27/10) -- $845.49 Atty's Comm % Atty Paid Plaintiff Paid $91.00 Date: 1/20/11 L.L.$.50 Due Prothy $2.00 Other Costs PREVAILING PARTY FEE $275.00 A}k;rr)N s Fels , q, 6o (Seal) Deputy REQUESTING PARTY: Name SETH T. MOSEBEY, ESQUIRE Address: MARTSON LAW OFFICE 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone : 717-243-3341 Supreme Court ID No. 203046 i, 1 FAFILEW Tents\14154 NorthWest Wagelaw\14154.1.pra sat I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Randall Lakefish FILED-OFFICE OF THE PROTHONOTARY George B. Faller, Jr., Esquire 2011 JINN 31 PM 2: 14 I.D. 49813 R. Christopher VanLandingham, Esquire CUMBERLAND COUNTY PENNSYLVANIA RANDALL LAKEFISH, Plaintiff V. SOLUTION INFUSION, LLC, a foreign Limited Liability Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2011- 172 CIVIL TERM PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Please mark the judgment in the above matter satisfied and action discontinued against Defendant Solution Infusion, LLC. Date: t l31lazo tj MARTSON LAW OFFICES 0000" G C /?! By: George B. Faller, Jr., Esquire I.D. No. 49813 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Solution Infusion, LLC 415 Fallowfield Road Camp Hill, PA 17011 MARTSON LAW OFFICES By 7 . M. Price 1 East High Street Carlisle, PA 17013 (717) 243-3341 Date: //,Y//// SHERIFF'S OFFICE OF CUMBERLAND COUNTY ny R Anderson ;riff ody S Smith Chief Deputy Richard W Stewart JAN 2S FM 2 ? Solicitor . Ki r rti P Randall Lakefish Case Number Solution Infusion, LLC 2011-172 VS. SHERIFF'S RETURN OF SERVICE 01/28/2011 12:46 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januan 28, 2011 at 1245 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Solution Infusion, LLC, in the hands, possession, or control of the within named garnishee, Graystone Bank,-3599 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Sheri Melnick, Customer Service Repesentative 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 February 2, 2011 to Solution Infusion, LLC at 415 Fallowfield Road, Camp Hill, PA 17011. 01/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $96.68 SO ANSWERS, January 24, 2012 RON R ANDERSON, SHERIFF ??-lr rn:,ly&j1t0ahenff_ Tei .osoft Irc.