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HomeMy WebLinkAbout11-5806COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. - S 80 CI'VI'l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. -b q -A- a Wit` '. k'-u r CASE OF (PMiddr . Zh fWE49 A" I? A- S"h/-'? -) This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. ?N (see Pa. R. C.P.D.J. No. 1001(6) in action before- a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. Si MM" orPIMImsotayornspW PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?.lL` appellee(s), to file a complaint in this appeal Name of appeMee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. r Signature of appellant or attomey or agent RULE: To appellee(s) Name of appeMee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 ' Signatue o/PnNhonotary or DepeAy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPS AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE OF THE FILED-OFFICE TARS' 2811 JUL 21 PM 1:49 CUMBERLAND COUNTY PENNSYLVANIA c ? ?- atna iY3 k ?'tl.I s d PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official Signature of afriant My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paula P. Correal Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Shirley A Barrick 128 Darr Ave Carlisle, PA 17013 Disposition Summary Docket No MJ-09201-CV-0000043-2011 Judgment Summary Participant Shirley A Barrick $0.00 $2,281.98 Law Office of Andrew H. Shaw, P.C. V. Shirley A Barrick Docket No: MJ-09201-CV-0000043-2011 Case Filed: 4/25/2011 Disposition Disposition Date Judgment for Plaintiff 06/21/2011 Amount $2,281.98 Judgment Detail (*PostJudgment) In the matter of Law Office of Andrew H. Shaw, P.C. vs. Shirley A Barrick on 6/21/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,169.98 $2,169.98 Filing Fees $0.00 $112.00 $112.00 Grand Total: $2,281.98 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. L?C-?, I I t Date Magisterial District Judge Paula P. Correal certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Paula P. Correal Plaintiff Defendant Law Office of Andrew H. Shaw, Shirley A Barrick P.C. Joint/Several Liability Individual Liability MDJS 315 Page 1 of 2 Printed: 06/2112011 2:55:15PM F,'?e? - 401-ce? aoit j.l a 8 1,Pm 14 8 ?Wu? ?a n.d c?tn 'N, PtnyLsyl vakl?CA, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED 147TH/N TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PEN SYLVANIA COUNTY' OF C/ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas ?U 464 n the District Justice designated therein on (date of service) ? ( -a-? 20 0<y personal service ? by (certified) (registered) mail, senders receipt attached h red' to, and upon the appellee. (name) 15;?IL F'ZA-) on .20 ?_ & by personal service ? by (certified) (registered) mail; sender's rec ' attached hereto. a (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME THIS DraY' OF 20_L. ??' Signature ofafhant Signature r official before whc,-n affidavit was made TitleTltle o- 73ffi,-, My corr.mission expires on 20 d iM.. COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I I *-- J O () ? ? yl NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. r . . IN THE CASE OF (Plain JYDGMENT va Claimant see Pa. R.C.P.D.J. No. 1001(6) in action This block will be signed ONLY when this notation is required under Pa. If a R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or USPW PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of forrn to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appe!!ee(s) (Common Pleas No. _ ) within twenty (20) days after service of rule or suffer entry of judgment of Lion pros. signature of a nt a' aQor^vy or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature o/ Prothonotary or Deputy YOU (MUST MICLWE A COPY OF THE NOTICE OF JU E,MTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. »,2 AOPC 312-02 Yf ?. WHITE - COUkT FILE TO BE FILED WITH PROTHONOTARY GREED.'- COURT FILE YELLOW - APPELLANTS COPY ----_„ -- c?orcn nnr ADO= 1 FF ant n - COPY TO BE SERVED ON DISTRICT JUSTICE Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff FF : 11 1 16 Fil !d. I5ERLAlkl_; t, PENNSYL4 'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF ANDREW H. SHAW, P.C., : NO. 11-5806 Plaintiff V. CIVIL ACTION - LAW SHIRLEY A. BARRICK-BROWNAWELL, : Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Pleading and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights, important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF ANDREW H. SHAW, P.C., : Plaintiff V. SHIRLEY A. BARRICK-BROWNAWELL, Defendant , NO. 11-5806 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this ?IV day of August, 2011, comes the Plaintiff, Law Office of Andrew H. Shaw, P.C. (hereinafter referred to as "Plaintiff', by and through its attorney, Andrew H. Shaw, Esquire, and files the instant Complaint and in support thereof avers as follows: 1. Plaintiff is a Pennsylvania professional corporation with its principle office at 200 South Spring Garden Street, Carlisle, Pennsylvania. 2. Defendant is an adult individual residing at 128 Darr Avenue, Carlisle, Pennsylvania. 3. Defendant retained Plaintiff to represent her for a litigation matter against another individual. 4. Said litigation matter is docketed at 2007-6357. 5. Plaintiff explained to Defendant that Plaintiff would represent Defendant at an hourly rate of $150 per hour. 6. Plaintiff further explained to Defendant that Plaintiff could not estimate the total cost of the litigation to Defendant and that Plaintiff could not guarantee a successful end to the litigation. 7. After Plaintiff's disclosures, as referenced in Paragraph 6 above, Defendant instructed Plaintiff to proceed forward in litigation. 8. Defendant paid a retainer of $1,000.00 to Plaintiff at the commencement of Plaintiff's representation of Defendant. 9. Plaintiff represented Defendant throughout the litigation process in the above- referenced docketed matter, and obtained a judgment against the defendant in that matter. 10. Plaintiff mailed updated billing statements to Defendant on a monthly basis from the beginning of the litigation through the commencement of this immediate action. 11. Defendant made periodic payments to Plaintiff on the balance owed. A summary of all fees and expenses billed to Defendant, as well as payments received from Defendant is attached hereto and incorporated herein by reference as "Exhibit A." 12. Defendant has failed to pay the balance due, despite repeated demands from Plaintiff. 13. The current principal balance due is $2,169.98. 14. Plaintiff instituted this original immediate action through the appropriate Magisterial District Judge, incurring filing fees in the amount of $112.00. 15. The total balance due Plaintiff from Defendant is $2,281.98. 16. Plaintiff obtained a judgment against Defendant through the Magisterial District Judge. A copy of the Judgment is attached hereto and incorporated herein by reference as "Exhibit B." 17. On July 21, 2011 the Defendant filed a Notice of Appeal with the Court of Common Pleas of Cumberland County. 18. As of the date of this Complaint, the Defendant has not paid Plaintiff in accordance with the Contract enacted between the two parties. COUNT I - BREACH OF CONTRACT 19. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 20. Pursuant to the contract established between Plaintiff and Defendant, Defendant agreed to pay for the legal services provided by Plaintiff. 21. Defendant has not made full payment to the Plaintiff for the services that Plaintiff provided Defendant. 22. As a result of Defendant's failure to pay, the Plaintiff has suffered damage in the amount of the work that was performed in accordance with the contract established between the parties. WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands judgment against the Defendant in the amount of $2,281.98, together with costs and interest. COUNT II - UNJUST ENRICHMENT 23. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 24. Plaintiff conferred a benefit on Defendant. 25. The benefits conferred were non-gratuitous. 26. There was appreciation of those benefits by Defendant. 27. Acceptance and retention of these benefits by Defendant, under the circumstances, is inequitable without payment of value. WHEREFORE, Plaintiff demands judgment against Defendant for damages in the amount of $2,281.98, together with costs and interest, and such other expenses to be paid by Defendant as the Court deems appropriate. Date: By: -- J Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff Respectfully submitted, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:. _ l Detail Transaction File List ` Page: Law Office of And°ew H. Shaw Trans H Stmt # Hours Client Date Tmkr P Tcd Rate to Bill Amount Client ID 137.00 Barrick-Brownawell, Shirley 137.00 09/15/2007 A 90 0.00 Payment 137.00 09/24/2007 2 A 8 75.00 1.00 75.00 Draft and revise complaint 137.00 09/25/2007 2 A 1 75.00 0.50 37,50 Complaint 137.00 10/01/2007 A 90 _ 112.50 Payment 137.00 10/01/2007 A 90 [,000.00 Payment 137.00 10/0212007 2 A 1 75.00 1.00 75.00 Complaint; letter to client 137.00 10/02/2007 1 A 1 150.00 0.50 75.00 Draft complaint 137.00 10/03/2007 2 A 1 75.00 0.30 . 22.50 Letter to client 137.00 10/03/2007 2 A 1 75.00 0.70 52.50 Complaint revisions 137.00 10/04/2007 2 A 1 75.00 0.60 45.00 Complaint 137.00 10/04/2007 1 A 1 150.00 0.10 15.00 Draft complaint 137.00 137 00 10/12/2007 10/12/2007 2 A 1 75.00 0.30 . 22.50 telephone conference with client and drafting complaint . 137.00 10/25/2007 2 A 2 A 1 1 75.00 75 00 0.40 0 60 30.00 Complaint 137.00 10/25/2007 2 A 1 . 75 00 . 0 20 45.00 Preparing complaint 137.00 10/25/2007 1 A 1 . 150 00 . 15.00 telephone conference with client 137.00 10/29/2007 2 A 1 . 75 00 0.40 0 20 60.00 Revise complaint. 137.00 10/29/2007 2 A 1 . 75 00 . 15.00 telephone conference with sheriff 137.00 10/29/2007 2 A 1 . 0.20 15.00 letter to sheriff for service of defendant 137.00 10/29/2007 1 A 1 75.00 150 00 0.20 0 10 15.00 letter to client 137.00 10/30/2007 2 A 1 . 75.00 . 0.20 15.00 Finalize complaint. 15.00 filing complaint 137.00 10/30/2007 1 A 50 78.50 Complaint Filing Fee 137.00 10/30/2007 1 A 50 . 100.00 Sheriff Service Fee 137.00 11/12/2007 2 A 1 75.00 0.20 . 15.00 Reviewing proof of service of complaint received from sherff 137.00 11/13/2007 2 A 1 75.00 0.20 department 15.00 l etter to client re: copy of Sheriff service 137.00 137 00 11/13/2007 11/14/2007 A 90 R6.62 Payment - Refund from Sheriff service . 137.00 11/19/2007 2 A 2 A 1 75.00 0.20 '15.00 telephone conference with client re: status of case 137 00 11/27/2007 2 A 1 75.00 0.50 37.50 Reviewing document received from Defendant; cc to client . 137.00 11/28/2007 2 A 1 1 75.00 75 00 0.50 37.50 Office conference with client re: defendants letter 137.00 11/28/2007 2 A 1 . 75 00 0.30 0 20 22.50 Preparation of 10 day notice 137.00 12/10/2007 2 A 1 . 75 00 . 15.00 Certificate of mailing for 10 day notice 137.00 12/10/2007 2 A 1 . 75 00 0.20 15.00 telephone conference with O.C. 137.00 12/12/2007 1 A 1 . 0.20 15.00 Reviewing document received from O.C. 137.00 12/13/2007 1 A 150.00 0.10 15.00 Review Answer from Opposing Counsel. 137.00 12/18/2007 2 A 1 1 150.00 0.20 30.00 Review Answer. 137.00 12/18/2007 2 A 1 75.00 0.20 15.00 telephone conference with North Middleton Township 137.00 12/18/2007 2 A 1 75.00 0.30 22.50 Reviewing Answer filed by Defendant/ cc Answer to client 137 00 12/18/2007 2 A 75.00 0.40 30.00 telephone conference with North Middleton Township . 137.00 12/31/2007 1 A 1 75.00 0.40 30.00 telephone conference with client 137.00 01/02/2008 2 A 1 1 150.00 0.20 30.00 Prepare discovery requests. 137.00 01/02/2008 2 A 1 75.00 75 00 0.30 22.50 Preparing discovery requests 137.00 01108/2008 2 A 1 . 75 00 0.70 52.50 Preparing discovery requests 137 00 01/08/2008 1 A . 0.50 37.50 Preparing Interrogatories and Discovery Requests . 137.00 02/08/2008 2 A 1 1 150.00 75 00 0.20 30.00 Prepare discovery requests. 137.00 02/11/2008 1 A 1 . 0.20 15.00 telephone conference with O.C. 137.00 02/15/2008 1 A 1 150.00 0.20 30.00 Telephone conference with client. 137.00 02/25/2008 1 A 1 150.00 0.20 30.00 Letter to Opposing Counsel. 137.00 02/28/2008 1 A 1 150.00 150 00 0.30 45.00 Review discovery responses. Letter to client. 137.00 03107/2008 1 A 1 . 0.30 45.00 Telephone conference with client. 137.00 04/07/2008 1 A 1 150.00 0.20 30.00 Letter to Opposing Counsel. 137.00 04/08/2008 1 A 1 150.00 0.30 45.00 Telephone conference with client. 137.00 04/15/2008 1 A 1 150.00 2.80 420.00 Prepare for and attend deposition. 137.00 04/22/2008 1 A 50 150.00 1.00 150.00 Meet with client. 137.00 04/24/2008 1 A 1 101.40 Paid to Premier Reporting for Deposition of Shirley A Barrick 137.00 04/25/2008 1 A 1 150.00 150 00 0.50 . 75.00 Amend Complaint. . 0.20 30.00 Telephone conference with Opposing Counsel. Letter to Opposing 137.00 05/01/2008 1 A 1 150.00 0.10 15.00 P Counsel el for deposition 137.00 137 00 05/02/2008 05/29/2008 1 A 1 150.00 1.80 . 270.00 Attend deposition. . 137.00 05/29/2008 1 A A 1 90 150.00 0.20 30.00 Telephone conference with client. 10-day notice. 137.00 05/29/2008 1 A 50 101.40 Payment for deposition in cash and check 137.00 05/29/2008 1 A 50 1.52 Postage charges for Certificate of Mailing to Kerr 137.00 06/04/2008 1 A 1 150 00 0 20 286.85 Deposition Transcript . . 30.00 Telephone conference with Opposing Counsel. Telephone conference 137.00 137 00 06/10/2008 07102/2008 1 A 1 150.00 0.40 with client. 60.00 Review Answer and Counterclaim. . 137.00 07/03/2008 1 A A 1 90 150.00 1.00 150.00 Draft Answer. 137.00 07/08/2008 1 A 1 150 00 0 20 000.00 Payment 117, 137.00 07/14/2008 1 A 1 . 150 00 . 30.00 Letter to Opposing Counsel. Certificate of Service. 137.00 07/15/2008 1 A 1 . 150 00 0.10 0 20 15.00 Review dots. 137.00 07/30/2008 1 A 1 . 150 00 . 0 40 30.00 Letter to client. . . 60.00 Draft Petition for Arbitration. Certificate of Service. Letter to Opposing 137.00 08/04/2008 q 90 Counsel. 137.00 08/04/2008 1 A 70 025.00 Payment for filing fee 137.00 08/19/2008 1 A 1 150 00 10 0 24.00 Filing fee EXHIBR 137.00 10/22/2008 1 A 1 . 150 00 . 0 20 1 5.00 Letter to client. F 137.00 10/23/2008 1 A 1 . 150 00 . 30.00 Prepare for arbitration. I . 1.00 150.00 Meet with client. I L HS- 011 9:42 am gate: 08/07/2011 Detail Transaction File List Law Office of Andrew H. Shaw Trans H Stmt # Hours Client Date Tmkr P Tcd Rate to Bill Amount 'lient ID 137.00 Barrick-Brownawell, Shirley - 437 .00 137.00 10/27/2008 10/28/2008 1 A 1 A 1 1 150.00 150 00 3.30 495.00 Take pictures of porch. Prepare for hearing. 137.00 12/04/2008 1 A 1 . 150 00 3.00 0 50 450.00 Attend hearing. 137.00 12/05/2008 A 90 . . : 75.00 Draft judgment dots. Telephone conference with client. 500 137.00 137 00 12/11/2008 01/22/2009 1 A 1 150.00 1.00 .00 Payment 1150.00 Prepare writ of execution and praecipe for writ . 137.00 01/22/2009 1 A 1 A 1 50 150.00 0.70 . 105.00 Draft Interrogatories. Letter to Opposing Counsel. 137.00 01/22/2009 1 A 50 24.00 filing fee-Writ of Execution 137.00 02/19/2009 A 90 10.00 Service Fee to Sheriff 137.00 02/20/2009 1 A 1 150 00 0 10 28.27 Payment from Cumb. Co. Sheriff . . 15.00 Review answers to interrogatories. rota) for Client ID 137.00 Billable 34.20 5,003.77 Barrick-Brownawell, Shirley Payments 2,833.79 Billable 34.20 5,003.77 Payments 2,833.79 Page: 2 HS - - Tuesday 06/07/2011 9:42 am COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paula P. Correal Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Andrew H. Shaw, Esq. Ste 11 200 S Spring Garden St Carlisle, PA 17013-2578 Disposition Summary Docket No Plaintiff Defendant MJ-09201-CV-0000043-2011 Law Office of Andrew H. Shaw, Shirley A Barrick P.C. Law Office of Andrew H. Shaw, P.C. V. Shirley A Barrick Docket No: MJ-09201-CV-0000043-2011 Case Filed: 4/25/2011 Disposition Disposition Date Judgment for Plaintiff 06/21/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Shirley A Barrick $0.00 $2,281.98 $2,281.98 Judgment Detail (*Post Judgment) In the matter of Law Office of Andrew H. Shaw, P.C. vs. Shirley A Barrick on 6/21/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,169.98 Filing Fees $2,169.98 $0.00 $112.00 $112.00 Grand Total: $2,281.98 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. G.=O ctu Date Magisterial District Judge Paula P. Correal a true an correct copy o e record o the proceedings contairnna the iu amPnt a Date Magisterial District Judge Paula P. Correal MDJS 315 EXHIBIT I :s Printed: 06/21/2011 2:55:15PM CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Complaint, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Shirley Barrick 128 Darr Avenue Carlisle, PA 17013 Defendant Date: C") rw PENNSYLV.,§1 ° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , CIVIL DIVISION rLw W rri _ d PRAECIPE FOR WRIT OF EXECUTION Z? ? Law Office of Andrew H. Shaw, P.C. ? Confessed Judgment ` Plaintiff ?? Other vs. File No. 11-5806 n Barrick-Brownawell Amount Due $2,281.98 A Shirle - - ' ?? . y Defendant Interest Address: 128 Darr Avenue Carlisle, PA 17013-1014 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All personal property of any nature located within the household or immediate vicinity of the Defendant's address at 128 Darr Avenue, Carlisle, PA 17013-1014 and all other personal property within the dominion and control of the Defendant wherever it is located. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes, receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes in the possession of M&T Bank located at 1 W. High Street, Carlisle, PA 17013. .O rr, > z -r1 and all other property of the defendant(s) in the possession, custody or controLofthe aid g ish 0 (Indicate) Index this writ against the garnishee (s) as a lis pendt e of the defendants) described in the attached exhibit. Date 10 Signature: print Name. Andrew . fl'Shaw, Esquire Jr .1-f,s0 P - cKr- 1(qV ?1, ?y Pd ?y sy,.o? ?d way Ir aL,00 'b u-, C Co. Atty's Comm costs to be determined Address: 200 S. Spring Garden St. Carlisle, PA 17013 Attorney for: Law Office of Andrew H. Shaw, P.C. Telephone: 717-243-7135 Supreme Court ID No: 87371 .t, 5-0 P LA C /. t- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAW OFFICE OF ANDREW H. SHAW, P.C. Plaintiff (s) From SHIRLEY A. BARRICK-BROWNAWELL i 11P aaa ,l?ueKUe1 1 ?? l ud i -1014 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF ANY NATURE LOCATED WITHIN THE GOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANT'S ADDRESS AT 128 DARR AVENUE, CARLISLE, PA 17013-1014 AND ALL OTHER PERSONAL PROPERTY WITHIN THE DOMINION AND CONTROL OF THE DEFENDANT WHEREVER IT IS LOCATED. (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, 1 W. HIGH STREET, CARLISLE, PA 17013 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$2,281.98 Interest Atty's Comm % Atty Paid $41.00 Plaintiff Paid Date: OCTOBER 13, 2011 (Seal) REQUESTING PARTY: Deputy Name ANDREW H. SHAW, ESQUIRE Address: 200 S. SPRING GARDEN STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-7135 Supreme Court ID No. 87371 L.L. $.50 Due Prothy $2.00 Other Costs 2S-1/i/ Buell, Pr t notary By: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff ??ttt?st, at ???mGer`(,y?G Jody S Smith ZQ11 NOV 2 ?? ?? Chief Deputy 06 Richard W Stewart 4 "UMBERL.AND COUNTY Solicitor PENNSYLVANIA Law Office of Andrew Shaw Case Number vs. Shirley A Barrick-Brownawell 2011-5806 SHERIFF'S RETURN OF SERVICE 10/19/2011 02:33 PM - William Cline, 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, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to VANESSA CASSELL, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 11/17/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $97.41 SO ANSWERS, November 17, 2011 RON R ANDERSON, SHERIFF (ci LounfySuap Sheriff. Teieosoff. Inc.