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Home My WebLink About11-5480 FILED-OFFICE .C HE PPOTHONOTAR)' 2011 JUL -6 PM 2.21 CUMBERLAND COUNTY 'PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. Civil Action No. I - ?`10 ???f JASON G. HAYCOCK, Defendant. PRAECIPE TO FILE FOREIGN 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. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0076045 cu+ ll low ? Not'& VV6 U'6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. Civil Action No. JASON G. HAYCOCK, Defendant. PRAECIPE TO FILE FOREIGN JUDGMENT TO THE PROTHONOTARY: Please file the enclosed certified transcript of Judgment of the Iowa District Court for Polk County in accordance with Section B of the Uniform Enforcement of Foreign Judgment Act (42 Pa. C.S.A. §4306), and also mail notice of the filing of the Judgment to the Judgment-Debtor at the address shown on the attached verification. Amount of Judgment computed as follows: Principal Amount of Judgment $ 9,038.96 Pre-petition interest $ 826.88 Prior Attorneys fees $ 600.00 Prior Costs $ 2,982.85 Total Judgment G Date •t 9 if $13,448.69 BERNST LAW FIRM, P.C. By: Shawn . McClure, Esquire PA ID #205951 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 undersigned is the attorney for the Judgment Creditor, PHI FINANCIAL SERVICES, INC.; that the last known address of the Judgment Creditor is c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, Pennsylvania 15219; and that the last known address of the Judgment Debtor is, 76 Goodhart Road Shippensburg PA 17257; that the Foreign Judgment is valid, enforceable and unsatisfied, and that the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge information and belief. Shawn P. McClure, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. Civil Action No. JASON G. HAYCOCK, Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on '7 _& - (xx) Assumpsit Judgment in the amount of $13,448.69 plus costs. () Trespass Judgment in the amount of $ plus costs. O If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Jason G. Haycock 76 Goodhart Road (xx) Entry of Judgment of Shippenburg, PA 17257 (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary B y: PR0THON0T ( EPUTY) ti . 1 STATE OF IOWA, POLK COUNTY, ss. I, Randy Osborn, Clerk of the District Court of the State of Iowa, in and for said county, do hereby certify that the attached is a true and correct copy of. LACL120170 PHI FINANCIAL SERVOCES, INC., VS. JASON G HAYCOCK ORDER FOR ENTRY OF DEFAULT AND JUDGMENT as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 15th day of February , 2011 Clerk of District Court STATE OF IOWA, POLK COUNTY, ss. I, Robert A. Hutchison, Judge of the District Court of the State of Iowa, in and for the 5`h Judicial District of said State, including the County of Polk do hereby certify that Randy Osborn, who has given the preceding certificate, was at the time of so doing the Clerk of the District Court of the State of Iowa, in and for Polk County, in said District, duly qualified as such, that he is the keeper of the records of said Court, and the proper officer to give such certificate and that the same is in due form of law. Given under my hand this 15th day of February , 2011 Judge for the Fifth Judicial District of Iowa STATE OF IOWA, POLK COUNTY, ss. I, Randy Osborn, Clerk of the District Court of the State of Iowa, in and for said county, do hereby certify that the Honorable Robert A. Hutchison who has given the preceding certificate, was at the time of so doing, one of the Judges of the District Court of the 5th Judicial District of the State of Iowa, duly commissioned and sworn, to all whose official acts as such, full faith and credit are and ought be given. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at my office in Des Moines, Iowa, this 15th day of *ebruary 01 1• Clerk of District Court H:\STATE OF IOWA (double header) - signed.doc a.;)uDG 3. IN THE IOWA DISTRICT COURT FOR POLK COUNTY PHI FINANCIAL SERVICES, INC., Plaintiff, V. JASON G HAYCOCK, Defendant. Case No. LACL120170 ORDER FOR ENTRY OF DEFAULT AND JUDGMENT Based upon the court having before it proof of the amount owing by affidavit; service of process without a timely answer, motion, or other pleading; the necessary documentation required for entry of a default judgment pursuant to the Iowa Code, Iowa Rules of Civil Procedure, and local rules; and the court finding that counsel for the plaintiff has so certified that she has examined the docket and court file and no attorney for the defaulting party or the defendant has entered an appearance and return of service is on file pursuant to Polk County Local Rule 9; IT IS THE, ORDER OF THE COURT that judgment is entered against defendant JASON G HAYCOCK as follows: 1. --For the amount of $9,038.96; 2. /For pre-petition interest in the amount of $826.88; 3. ? For future interest at the rate of 18% from the date of filing; 4. ?For a reasonable attorney fee in the sum of $600.00; 5. ?For collection costs in the amount of $2,982.85; and 6. costs. January 3, 20 Date JUDGE MICHAEL HU f V.a''( _ aot? x py to: Litow Law Office, P.C.- PO Box 2165, Cedar R4pids, IA 52406 iacourtsglitowlaw.com a, Iec ,,?-A t\ , Jason G Haycock- 76 Goodhart Rd., Shippensburg, PA 17257 ,C,? cz? c s 1 `-- r~- Fm jp, Rpt ID : CPW200 Iowa Court Information System Page: 1 Rpt Date: 25-MAY-11 POLK Rpt Time: 08:54 AM Clerk of Court - POLK COUNTY CLERK OF COURT, Rpt Beg 21-OCT-10 Combined General Docket Rpt End 25-MAY-11 ---- - -------------------------- Case Name ----------------------------------- Case 05-77-1- -LA-CL120170 Title PHI FINANCIAL SERVICES INC VS JASON G HAYCOCK -------------------------------- Case Header --------------------------------- Sub-Type CONTRACT - DEBT COLLECTION Nature Initiated 21-OCT-10 Milestone DISPOSED Mil Dt 03-JAN-11 Judge Tp Jud Dt Agency Pin Agency Name -------------------------------- Case Closing -------------------------------- Disposition GUILTY PLEA/DEFAULT Disp Dt 03-JAN-11 Reopened Dt Microfilm Reference Judge Tp DISTRICT COURT JUDGE Judge Pin PK2689964 Judge Name MICHAEL D HUPPERT -------------------------------- Litigants ----------------------------------- Role Name PLAINTIFF PHI FINANCIAL SERVICES INC Litigant Pin PK3472370 Attorney(s) AT0004732 LITOW, CHARLES L JUDGE HUPPERT, MICHAEL D Litigant Pin PK2689964 DEFENDANT HAYCOCK, JASON G Litigant Pin PK3879826 -------------------------------- Papers Filed -------------------------------- Filed Date / Time Seq Event Reference St 21-OCT-10 09:11 AM 0 OTOT C Description OTHER EVENT Filed By AT0004732 LITOW, CHARLES L Comment(s) COVER SHEET 21-OCT-10 09:11 AM 1 PFLD C Description PETITION FILED Filed By AT0004732 LITOW, CHARLES L Comment (s) DEBT COLLECTION 29-NOV-10 12:27 PM 0 RSON C Description RETURN OF ORIGINAL NOTICE Comment (s) $0 SERVED JASON HAYCOK BY SERVING MELISSA HAYCOCK/SPOUSE ONP ON 11/16/10 22-DEC-10 02:27 PM 0 MTDF C Description MOTION FOR DEFAULT JUDGMENT Filed By AT0003675 HUGHES, PIPER LORI 03-JAN-11 11:17 AM 0 JDEF C Description JUDGEMENT DEFAULT Filed By PK2689964 HUPPERT, MICHAEL D Comment(s) JASON G HAYCOCK - $9038.96 + 1896 INT FROM 10/21/10, $826.88 Rpt XD : CPW200 Iowa Court Information System Page: 2 Rpt Date: 25-MAY-11 POLK Rpt Time: 08:54 AM Clerk of Court - POLK COUNTY CLERK OF COURT, Rpt Beg 21-OCT-10 Combined General Docket Rpt End 25-MAY-11 -------------------------------- Case Name ----------------------------------- Case 05-77-1- -LA-CL120170 Title PHI FINANCIAL SERVICES INC VS JASON G HAYCOCK -------------------------------- Papers Filed -------------------------------- Filed Date ,/ Time Seq Event Reference St 03-JAN-11 11:17 AM 0 JDEF C Description JUDGEMENT DEFAULT Filed By PK2689964 HUPPERT, MICHAEL D Comment (s) PRE-PETITION INT, $600 ATTY FEES, $2982.85 COLLECTION COSTS & CC ------------------------------ Judgment/Lien Detail ----------------------------- Date Time Sq 01/03/11 11:17 AM 4 Create Dt Judgment/Lien Entry 06-JAN-11 JASON G HAYCOCK - CC Against PK3879826 HAYCOCK,JASON,G St Date St Judgment Status 01/06/11 C CLOSED Sat Status Sta Date Code Sat Date NONE For PK3472370 PHI FINANCIAL SERVICES INC 01/06/11 USAT 01/03/11 Date Time Sq St Date St Judgment Status 01/03/11 11:17 AM 3 01/06/11 C CLOSED Create Dt. Judgment/Lien Entry 06-JAN-11 JASON G HAYCOCK - $2982.85 COLLECTION COSTS Against Sat Status Sta Date Code Sat Date PK3879826 HAYCOCK,JASON,G NONE For PK3472370 PHI FINANCIAL SERVICES INC 01/06/11 USAT 01/03/11 Date Time Sq St Date St Judgment Status 01/03/11 11:17 AM 2 01/06/11 C CLOSED Create Dt Judgment/Lien Entry 06-JAN-11 JASON G HAYCOCK - $600 ATTY FEES Against Sat Status Sta Date Code Sat Date PK3879826 HAYCOCK,JASON,G NONE For PK3472370 PHI FINANCIAL SERVICES INC 01/06/11 USAT 01/03/11 Date Time Sq St Date St Judgment Status 01/03/11 11:17 AM 1 01/06/11 C CLOSED Create Dt Judgment/Lien Entry 06-JAN-11 JASON G HAYCOCK - $826.88 PRE-PETITION INT Against Sat Status Sta Date Code Sat Date PK3879826 HAYCOCK,JASON,G NONE 01/06/11 USAT 01/03/11 Rpt ID CPW200 Iowa Court Information System Page: 3 Rpt Date: 25-MAY-11 POLK Rpt Time: 08:54 AM Clerk of Court - POLK COUNTY CLERK OF COURT, Rpt Beg 21-OCT-10 Combined General Docket Rpt End 25-MAY-11 -------------------------------- Case Name ----------------------------------- Case 05-77-1- -LA-CL120170 Title PHI FINANCIAL SERVICES INC VS JASON G HAYCOCK ----------------------------- Judgment/Lien Detail ----------------------------- For PK3472370 PHI FINANCIAL SERVICES INC Date Time Sq St Date St Judgment Status 01/03/11 11:17 AM 0 01/06/11 C CLOSED Create Dt Judgment/Lien Entry 06-JAN-11 JASON G HAYCOCK - $9038.96 + 18% INT FROM 10/21/10 Against Sat Status Sta Date Code Sat Date PK3879826 HAYCOCK,JASON,G NONE For PK3472370 PHI FINANCIAL SERVICES INC 01/06/11 USAT 01/03/11 i ^ q CERTIFICATE Clerk of the District Court of the I and for Pops County, do hereby 's a true and complete copy of the anent feed in V* of&*. CNY SEW. 1 have hereunto se t J and affixed ft Sad of ow 70Gk:w5)(day f RAN7 n Clerk d the i bmQ r AL.. .e .i Apt iD : FM8070 Iowa Court Information System Rpt Date: 25-MAY-11 POLK Rpt Time: 08:54 AM Clerk of Court - POLK COUNTY CLERK OF COURT Rpt Beg 21-OCT-10 Case Financial Management Rpt End 25-MAY-11 Financial Summary Case ID : 05-77-1- -LA-CL120170 Title: PHI FINANCIAL SERVICES INC VS JASON G HAYCOCK Obligor PIN: Name Obligee PIN: Name Payor PIN Name Payee PIN Name Page: 1 ------------------------------------------- Financial Summary ------------------------------------------ Filed Dt Filed Tm Sq F-Cd C Description Owed Amount Paid Amount Due Amount ------ -------- -- ---- - ------------------------ --------------- --------------- --------------- ---- 15-FEB-11 12:00 AM 1 C501 C CERTIFICATE AND SEAL (EK $60.50 $60.50 $.00 21-OCT-10 12:00 AM 1 CP31 C FILING AND DOCKETING PET $185.00 $185.00 $.00 I------------------------------ Financial Totals ----------------------------- Description Owed Amount Paid Amount Due Amount ------------------------------- --------------- --------------- --------------- Court Costs $245.50 $245.50 $.00 All other $.00 $.00 $.00 ** Grand Totals $245.50 $245.50 $.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, VS. JASON G. HAYCOCK, Defendant, and M&T BANK, Garnishee. Civil Action No. I `• s(q0V -vz --Z Cn o a Cd ZC3 PRAECIPE FOR WRIT OI?c, EXECUTION x'? N -° ? FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: 6P t N. 96 a1I-cb C a4 -Fd awn 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 412-456-8100 BERNSTEIN FILE NO. C0076045 . sac.,L W?1-1 Dr.,?rTSski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, VS. JASON G. HAYCOCK, Defendant, and M&T BANK, Garnishee. Civil Action No. PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Defendant: Jason G. Haycock 76 Goodhart Road, Shippensburg, PA 17257 3. against Garnishee: M&T Bank 35 East King Street, Shippensburg, PA 17257 4. JUDGMENT $13,448.69 Interest from 1/4/11 to 6/28/11 at 18% on $9,038.96: $ 780.07 Poundage: $ 180.78 SUBTOTAL: $14,409.54 Costs (to be added by Prothonotary): $ Date: G/?9 !'r BERNSTU, 4 LAW FIRM, P.C. B y. Shawn . McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. 00076045 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 Etc. PHI FINANCIAL SERVICES, INC. :fASON G. HAYCOCK VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No ..................................... Term, 20.......... No ............................................ Term, 20......... Amount due ................ $13,448.69 Interest from 1/4/11........$ 780.07 Poundage .....................$ 180.78 Att'y's Com ........................... ....................... Costs .........................$............................. To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna. (2) against JASON G. HAYCOCK Defendant(s); (3) and against M&T BANK Garnishee(s); (4) and index this writ (a) against JASON G. HAYCOCK Defendant(s) and (b) against M&T BANK 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 property) Seize, levy, advertise and sell all the personal property of the Defendant located at 76 Goodhart Road, Shippensburg, PA 17257 (5) Exemption has (not) been waived. Dated ..................................... NOTE Attorney for Plaintiff(s) Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b)(; the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4)(a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and indexing as a ]is pendens is desired. See Rule 3104(c). Writ No ............................... Term, 20...... No ...................................... Term, 20...... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHI FINANCIAL SERVICES, INC. VS. JASON G. HAYCOCK PRAECIPE FOR WRIT OF EXECUTION (Money Judgments) P.R.C.P. 3101 TO 3149 etc. .00 Attorney for Plaintiff(s) Address : 2200 Gulf Tower Pittsburgh, PA 15219 Where papers may be served. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5480 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHI FINANCIAL SERVICES INC. Plaintiff (s) From JASON G. HAYCOCK, 76 Goodhart Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEIZE, LEVY, ADVERTISE AND SELL ALL THE PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, 35 EAST KING STREET, SHIPPENSBURG, PA 17257 and to notify the gamishee(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 $13,448.69 L.L. $.50 Interest 1/4/11 TO 6/28/11 at 18% on $9,038.96 - $780.07 Atty's Comm % Due Prothy $2.00 Atty Paid $56.00 Other CostsPoundage - $180.78 Plaintiff Paid Date: JULY 6, 2011 (Seal) David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name SHAWN P. MCCLURE, ESQUIRE Address: BERNSTEIN LAW OFFICE SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 205951 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ????tN tlt 4iuNbCpj??t FILED-OFFICE. Ui= 11E I''r2GTN"r 2911 JUL 15 AEI 8* `3 CUMBERLAND COUNTY PENNSYLVANIA PHI Fianancial Services, Inc. VS. Jason G Haycock Case Number 2011-5480 SHERIFF'S RETURN OF SERVICE 07/13/2011 03:02 PM - Michael Barrick, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M& T Bank at 35 East King Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County, by handing to LINDSAY GRAY--- RELATIONSHIF BANKER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. SO ANSWERS, ))?? July 14, 2011 RON R ANDERSON, SHERIFF .ichael Bar 'c , Dep !ci Count./Suite Shewf Teleo5ott. Ir,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, VS. JASON G. HAYCOCK, 76 Goodhart Road Shippensburg, PA 17257 Defendant. Civil Action No. 11- 5480 0,1v 'WTierM Suggested Reference No. TO: M&T Bank 35 East King Street Shippensburg, PA 17257 An9we.Ls do IMPORTANT NOTICES TO GARNISHEE! Cam- ?s n r c? r- F ?J m -<> W CD r-= --I c:) ]>C.) M E 5; O Y -er f v ? i A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the Writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. D. If any Defendant above named is an individual, and if Social Security funds are directly deposited into an account of the Defendant, the levy and attachment shall not include any funds that may be traced to Social Security direct deposits. E. In your answers to these Interrogatories in Attachment, please state whether the account includes Social Security direct deposits or that you have identified the funds in the account as being from sources other than Social Security direct deposits. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? M & T BANK HAS NO OPEN ACCOUNT, FOR ABOVE NAMED 2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ?1A 3. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 0A 4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 0?N, 5. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? QW 6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and present location of each of said properties. , ))A 7. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? X111 ?" 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. Q4 9. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? P, '? 10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. tilt 11. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? PIA 12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature, fair market value and present location of each of such payments and properties. A? A BERNSTEIN LAW FIRM, P.C. By: Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. C0076045 VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is the legal representative of M -+-T PAC r,y': , Garnishee herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing INTERROGATORIES are true and correct to the best of his/her knowledge, information and belief. 2 JUL ,, ... ' .. C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL. SERVICES INC. , , cz> Plaintiff, =rn ao erg ? rt vs. Civil Action No. 2011-5480 -?GD C ) r? ?Q --+c? JASON G. HAYCOCK, zp CD -r- D? ar,.. Defendant, PRAECIPE TO SETTLE, and DISCONTINUE AND END AS TO GARNISHEE, M&T B ANK M&T BANK, ONLY Garnishee. 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. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0076045 406599 C,kt????aaa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL, SERVICES, INC., Plaintiff, vs. JASON G. HAYCOCK, Defendant, and M&T BANK, Garnishee. Civil Action No. 2011-5480 PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE. M&T BANK ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs paid as to Garnishee, M&T Bank, only. Commonwealth o1' Pennsylvania County of Allegheny Sworn to and sub cribed be re m thisAay of , 2011 Notary Public COMMON 1Rl ?F1'OF PENNSYLVANIA Notarial Seal Brandt TuW, Notary Pabik 0 6 5 h of Pit aurgh, Allegheny County y peC. 28, 2014 MEMBER, DPF11 YLYAN[R kSS rpkn M OF MQfAR1E5 BERNST LAW FIRM, P.C. 4t__? B y: Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. JASON G. HAYCOCK, Defendant, and M&T BANK, Garnishee. Civil Action No. 2011-5480 CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO GARNISHEE, M&T BANK ONLY was served on the Defendant and Garnishee by regular U. S. Mail, postage prepaid this day of August, 2011, addressed as follows: Jason G. Haycock 76 Goodhart Road Shippensburg, PA 17257 M&T Bank Legal Document Processing P.O. Box 844 Buffalo, NY 14240 Sha n . McClure, Esquire 406599 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. JASON G. HAYCOCK, Defendant. rn r µ , cz) -4'r} NO. 11-5480 CIVIL TERM r C PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO OPEN 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. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00076045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. NO. 11-5480 CIVIL TERM JASON G. HAYCOCK, Defendant. PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO OPEN JUDGMENT AND NOW comes Plaintiff, PHI Financial Services, Inc. (`Plaintiff'), by and through counsel, Bernstein Law Firm, P.C., and files the following Response to Defendant's, Jason G. Haycock ("Defendant"), Petition to Open Judgment averring in support thereof the following: 1. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 2. Paragraph 2 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. 3. Paragraph 3 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. 4. Admitted. 5. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 6. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 7. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 8. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 9. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 10. Paragraph 10 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. 11. Paragraph 11 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. 12. Paragraph 12 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 13. Admitted. 14. Paragraph 14 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. By way of further response, the Complaint was served in accordance with Iowa Rules of Civil Procedure and was served at Defendant's registered address. 15. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 16. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 17. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 18. Admitted. 19. Admitted. 20. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 21. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 22. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 23. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 24. It is admitted that counsel for Defendant contacted counsel for Plaintiff on August 22, 2011. Regarding whether such contact was "immediate" as Defendant claims, after reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 25. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 26. Paragraph 26 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. By way of further response, Plaintiff's counsel's paralegal emailed a copy of the Deferred Payment Agreement to counsel for Defendant. 27. Paragraph 27 of Defendant's Petition to Open Judgment is specifically denied and strict proof thereof is demanded at the trial hereof. By way of further response, Plaintiff's counsel's paralegal emailed a copy of the Complaint to counsel for Defendant. 28. Paragraph 28 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 29. Paragraph 29 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 30. Admitted. 31. Paragraph 31 of Defendant's Petition to Open Judgment is specifically denied. By way of further response, on September 9, 2011 counsel for Defendant sent an email to Plaintiff's counsel's paralegal regarding the matter at hand. Strict proof to the contrary is demanded at the trial hereof. 32. Paragraph 32 of Defendant's Petition to Open Judgment is specifically denied. By way of further response, on September 9, 2011 Plaintiff's counsel's paralegal sent an email to counsel for Defendant regarding the matter at hand. Strict proof to the contrary is demanded at the trial hereof. 33. Paragraph 33 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 34. Paragraph 34 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 35. Paragraph 35 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 36. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 37. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to forth a belief as to the truth of the allegations set forth in Paragraph Five of Defendant's Petition. Strict proof thereof is demanded at the trial hereof. 38. Paragraph 38 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 39. Paragraph 39 of Defendant's Petition states a legal conclusion to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. Wherefore, Plaintiff respectfully requests this Honorable Court to enter an order denying Defendant's Petition to Open Judgment, and lift any stay on the execution proceedings. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. By. ' Jennif L. Tis, Esquire Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 (412.)456-8167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. NO. 11-5480 CIVIL TERM JASON G. HAYCOCK, Defendant. CERTIFICATE OF SERVICE I, Jennifer L. Tis, Esquire hereby certify that a true and correct copy of the foregoing Plaintiff's Response to Defendant's Petition to Open Judgment was served on the Defendant's attorney, by email, this // Oday of FeA , 2012, addressed as follows: Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 r2l -?Z- e nifer L. Tis, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. JASON G. HAYCOCK, Defendant. NO. 11-5480 CIVIL TERM ORDER OF COURT AND NOW, to wit, this day of _, 2012, upon consideration of the record and the foregoing Plaintiff's Response to Defendant's Petition to Open Judgment, it is hereby ORDERED, ADJUDGED AND DECREED that the Defendant's Petition to Open Judgment is denied. It is further ORDERED, ADJUDGED AND DECREED that the Plaintiff shall be free to proceed with enforcement of their judgment and that any stay on execution proceedings is hereby lifted. BY THE COURT: J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson _t fJ Ul-{ I ; f HE PRCTHt.WC S Smith ,ef Deputy Richard W Stewart Solicitor 2012 FEB 22 P 3: 00 CUMBERLAND CQUIN PENNSYLVANIA PHI Fianancial Services, Inc. Case Number vs. Jason G Haycock 2011-5480 SHERIFF'S RETURN OF SERVICE 07/13/2011 03:02 PM - Michael Barrick, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M& T Bank at 35 East King Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County, by handing to LINDSAY GRAY--- RELATIONSHIP BANKER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 07/29/2011 02:35 PM - William Cline, Deputy, being duly sworn according to law, states that on July 29, 2011 at 2:35 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Jason G Haycock at 104 Goodhart Road, Shippensburg, PA 17257, informed Defendant of contents of same. Gerald Worthington, Deputy levied upon personal property as directed on August 3, 2011 at the same address. Postcard and copy of levy mailed to attorney and letter mailed to defendant on August 4, 2011. 02/22/2012 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: $139.13 February 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF .C'c ?? Ce PHI FINANCIAL SERVICES, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON G. HAYCOCK, DEFENDANT 11-5480 CIVIL TERM ORDER OF COURT AND NOW, this ? -day of March, 2012, upon consideration of the petition to open judgment, and the response thereto, a hearing is set forth Monday, April 16, 2012, at 1:30 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert. Masland, J. C- C=1 Jennifer L. Tis, Esquire -? -- For Plaintiff , =M r y - - ? Wayne F. Shade, Esquire r ? ;tea r For Defendant :saa Fees Ma 'led 3/tN/1 -:- r? - ,- 4 PHI FINANCIAL SERVICE, INC. vs JASON G. HAYCOCK In the Court of Common Pleas of Cumberland County, Pennsylvania No 1 I -5480 Civil Term PRAECIPE To the Prothonotary: Kindly enter my appearance on behalf of Plaintiff PHI Financial Services, Inc. cz) David D. Buell, Prothonotary Attorney Info: Christian C. Hugel, Esquire Pa. ID No. 76062 20 l Attorney for Plainti f 502 Market Srtreet Lemoyne, PA 17043 (717) 737-5255 PHI FINANCIAL SERVICES, INC., PLAINTIFF V. JASON G. HAYCOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 11-5480 CIVIL TERM IN RE: DEFENDANT'S PETITION TO OPEN JUDGMENT ORDER OF COURT AND NOW, this "?p'day of June, 2012, Defendant's petition to open judgment, IS DENIED. ? Jennifer L. Tis, Esquire By the Court, Albert H. Masland, J. For Plaintiff vWayne F. Shade, Esquire ` i-'- <. For Defendant ` j "- COP C'5 ik c, "I e'y PHI FINANCIAL SERVICES, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON G. HAYCOCK, DEFENDANT 11-5480 CIVIL TERM IN RE: DEFENDANT'S PETITION TO OPEN JUDGMENT OPINION AND ORDER OF THE COURT Masland, J., June 4, 2012:-- Plaintiff, PHI Financial Services, initiated this matter by filing a civil action in Polk County, Iowa ("Iowa court") for breach of contract which sought a principal balance owed. (Brief in Support of Plaintiffs Response. Ex., 1. (hereinafter "Pl.'s Resp. Br.")) On January 3, 2011, a default judgment was entered against the Defendant, Jason G. Haycock, in the amount of $13,448.69. (Pl.'s Resp. Br. Ex., 3.) Then, on July 6, 2011, the Plaintiff filed a Praecipe to File Foreign Judgment in this Court. (Pl.'s Resp. Br. Ex. 4, at 2.) The Plaintiff simultaneously filed a Praecipe for a Writ of Execution. (Pl.'s Resp. Br., at 2.) On October 7, 2011, the Defendant filed a Petition to Open Judgment in this Court. (Defendant's Petition to Open Judgment. at 1. (hereinafter "Def.'s Pet.")) Following a hearing and argument, the Court now denies the Defendant's petition. Defendant's Petition to Open Judgment ("Petition") alleges that the Defendant did not have notice of the suit filed against him and therefore the judgment should be opened. (Def.'s Pet., at 2-4.) While the Defendant's spouse was properly served, the Defendant claims that the spouse failed to communicate that information to him. (Def.'s Pet., at 3; Pl.'s Resp. Br., Ex. 2.) The Petition further implies that this miscommunication was the result of a tumultuous relationship between the Defendant and his spouse. (Def.'s Pet., at 2-3.) Defendant alleges that immediately upon discovery of the civil 11-5480 CIVIL TERM action against him, and the resulting judgment, he retained an attorney-albeit with difficulty. (Def.'s Pet., at 4-5.) The Defendant further alleges that he was not aware of the civil suit and judgment until July 29, 2011. (Def.'s Pet., at 4.) The Pennsylvania Uniform Enforcement of Foreign Judgments Act ("Act") provides that a properly filed foreign judgment, ... shall be a lien as of the date of filing and shall have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of any court of common pleas of this Commonwealth and may be enforced or satisfied in like manner. 42 PA. Cores. STAT. §4306 (2012). The Act is grounded in the constitutional obligation to give full faith and credit to the judgments of other states. Tandy Computer Leasing v. Demarco, 564 A.2d 1299, 1301 (Pa. Super. Ct. 1989). These provisions have been interpreted to mean that full faith and credit is to be given unless there is some overriding reason which would require the court to deny full faith and credit to the judgment. Id. In Tandy Computer Leasing v. Demarco, the court stated that "a lack of personal jurisdiction on the part of the court which originally awarded the judgment or a lack of due process on the part of that court are reasons why the principle of full faith and credit would be denied and the subsequent Pennsylvania judgment stricken." Id. In the present case, the Petition requests this Court to open the judgment of the Iowa court. A petition to open a default judgment is equitable in nature. Cintas Corp. v. Lee's Cleaning Servs., Inc., 700 A.2d 915, 919 (Pa. 1997). A petition to open must establish: (1) that the petition was promptly filed after the judgment was entered, (2) failure to appear or file a timely answer must be excused, (3) and that a meritorious -2- 11-5480 CIVIL TERM defense can be advanced. Id. However, the analysis of these factors is terminated prematurely where "a party seeking relief in our courts on the basis of asserted invalidity (other than jurisdictional) of the judicial proceedings of another State should normally be relegated to the courts of that State." Barnes v. Buck, 346 A.2d 778, 783 n.12 (Pa. 1975). Furthermore, the principles of interstate comity would indicate abstention by Pennsylvania courts in favor of the courts of the rendering state. Id. Our Superior Court has interpreted the rule from Barnes v. Buck, to mean that a Pennsylvania court lacked both the power and the jurisdiction to open a New Jersey default judgment which had been transferred. Greate Bay Hotel & Casino, Inc. v. Saltzman, 609 A.2d 817, 818-20 (Pa. Super. Ct. 1992).The court further held that only a court of competent jurisdiction in New Jersey could open the default judgment that had been entered in New Jersey. Id. Applying these standards, the law does not permit this Court to open the default judgment of the Iowa court. Only a court of competent jurisdiction in Iowa can open the judgment. The Defendant contends that the Iowa court did not have personal jurisdiction over the Defendant and therefore this Court should be permitted to open the Iowa court's judgment. Our Superior Court directly addressed this argument and held that "because a foreign judgment entered without jurisdiction is a nullity, thus void, it must be vacated and not opened, because to do otherwise would be to permit the trial court to proceed further in an action against a defendant over whom personal jurisdiction had not been obtained." Commonwealth Capital Funding, Inc. v. Franklin Square Hosp., 620 A.2d 1154, 1156 n.2 (Pa. Super. Ct. 1993) (emphasis added). Therefore, the -3- 11-5480 CIVIL TERM Defendant's arguments over personal jurisdiction do not give this Court grounds to open the Iowa court's judgment. In a case factually similar to the case at hand, our Superior Court granted the defendant's petition to strike, when presented with both a petition to strike and a petition to open judgment. Tandy Computer Leasing v. Demarco, 564 A.2d 1299, 1308 (Pa. Super. Ct. 1989). The court granted the petition to strike and thereby effectively vacated the foreign judgment. Id. at 1302, 1308 (noting that a request to vacate judgment would have been preferred to a petition to strike). In the present case, because the Defendant filed a petition to open instead of a petition to strike (Def.'s Pet., at 8.), we are constrained to deny the requested relief. In factually similar cases, when the defendants sought the proper relief, courts have granted that relief. See ABM Leasing v. Booth, 10 Pa. D. & CAth 319 (1991); see also Churchill Corp. v. Third Century Inc., 578 A.2d 532 (Pa. Super. Ct. 1990). In the latter case, the defendants sought an injunction to prevent the plaintiff from filling a default judgment in Pennsylvania. Churchill Corp., at 535. The court granted the injunction on the grounds that the foreign court lacked the necessary jurisdiction. Id. at 540. However, in the case at hand, the Defendant is not seeking to nullify or enjoin the enforcement of the default judgment entered against him. Instead, the Defendant is seeking to open the judgment to litigate the underlying merits. (Def.'s Pet., at 8.) Therefore, Churchill Corp. v. Third Century Inc. is not implicated and does not provide grounds for this Court to open the Iowa court's judgment. -4- 11-5480 CIVIL TERM For the foregoing reasons, Defendant's petition to open judgment is deemed beyond the jurisdiction of this Court, and the following order will be entered. ORDER OF COURT ??11 AND NOW, this day of June, 2012, Defendant's petition to open judgment, IS DENIED. By the Court, AI ert H. Maslan , J. Jennifer L. Tis, Esquire For Plaintiff Wayne F. Shade, Esquire For Defendant -5- PHI FINANCIAL SERVICES, INC., PLAINTIFF V. JASON G. HAYCOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 11-5480 CIVIL TERM h IN RE: DEFENDANT'S PETITION TO VACATE, STRIKE, OR ENJOIN ENFORCEMENT OF JUDGMENT ORDER OF COURT rn fd' AND NOW, this day of June, 2012, upon consideration of the Defendant's Petition to Vacate, Strike, or Enjoin Enforcement of Judgment, it is hereby. ordered that: (1) A rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; (2) The Plaintiff shall file an answer to the petition within twenty (20) days of service upon the Plaintiff; (3) The petition shall be decided under Pa. R.C.P. No. 206.7; (4) Depositions shall be completed within sixty (60) days of this date; (5) Argument shall be held on Monday, September 10, 2012, at 11:00 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. (6) Briefs shall be submitted at least seven (7) days prior to argument. By the Court, xz??? 7-, Albert H. Masland, J. /'Shawn P. McClure, Esquire Bernstein Law Firm, P.C. Attorneys for Plaintiff V '"Christian C. Hugel, Esquire Attorney for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant °p??s Ata:/rd 4fa1112 Aw- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL.V ~~"? CIVIL DIVISION ~= ~' N -~~~, ~ PHI FINANCIAL SERVICES, INC., ~~ x c~i ts~ ~ ~ ~, ~ ~~ r,~ Plaintiff, ~ ~ ~n ~ ~ t~~ z -~- vs. NO. 11-5480 CIVII. TERM p~ -' --~ JASON G. HAYCOCK, -.~c; cn Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIlZE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., PAID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00076045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV PHI FINANCIAL SERVICES, INC., Plaintiff, vs. CIVIL DIVISION NO. 11-5480 CIVIL TERM JASON G. HAYCOCK, Defendant. PRAECIPE FOR SATISFACTION OF TUDGMENT 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 sub~r~~d before me this ~~/""~~ ~~ day of A gust, 2012 otary Public NOTARIAL SEAL LINDA BOYLE Notary Public PITTSBURGH CITY. ALLEGHENY COUNTY My Commission Expires Oct 29, 2015 BERNSTEIN-BURKLEY, P.C. By: Je ' er . Ti ,Esquire PA ID #203751 Attorneys for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412)456-8100 BERNSTEIN FILE NO: 00076045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION PHI FINANCIAL SERVICES, INC., Plaintiff, vs. JASON G. HAYCOCK, Defendant. NO. 11-5480 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer L. Tis, Esquire, hereby certify that a true and correct copy of the foregoing FOR SATISFACTION OF JUDGMENT was served on the Defendant by regular U. S. Mail, prepaid, this ~ day of August, 2012, addressed as follows: Jason G. Haycock c/o Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 .~/ ,, Jeer L. Tis Es uire q