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Home My WebLink About04-4344(Rule of Civil Procedure No. 236) KENNETH KIMMEL 25 Standing Tree circle Southampton, PA 1896 vs. JOHN GREENWOOD 308 Kimberly Court Sanford, FL 32771-9708 and GREENWOOD AUTOMOTIVE PERFORMANCE INC. 142 East 8"' Street Apopka, FL 32703-5388 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. dy- ~/3~y C~,,u./~ NO. ATTORNEY LD. NO. 20456 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against Defendants on ~ . a 7 , 2004, in accordance with provision of Pa. R.C.P. 236. PROTHONOTARY, If you have any questions concerning the above captioned case, please contact: ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 KENNETH K11~Il~IEL 25 Standing Tree circle Southampton, PA 1896 vs. JOHN GREENWOOD 308 Kimberly Court Sanford, FL 32771-9708 and GREENWOOD AUTOMOTIVE PERFORMANCE INC. 142 East 8'" Street Apopka, FL 32703-5388 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 0~3 -~3~1y ATTORNEY LD. NO. 20456 CIVIL ACTION PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Please kindly enter judgment upon the Court of Common Pleas of Philadelphia County, Pennsylvania judgment in favor of Plaintiff and against the Defendants in the above captioned case in the amount of $56,166.00 plus court costs. ROB T~STEIN Attorney for Plaintiff PAGE 1 ., REPORT ZDRDOCT FiYSt Judicial District RUN DATE 08/25/04 USER ID: TMT CIVIL DOCKET REPORT RUN TIME 01:50 PM CASE ID 000101712 ---------------------------------------- - ------------- - ----------------------- CASE NUMBER CASE CAPTION 000101712 KIMMEL VS GREENWOOD ETAL FILING DATE COURT LOCATION JURY 14-JAN-2000 MN CL N CASE TYPE: CONTRACTS (GOODS), ENFORCE STATUS: JUDGMENT ON COURT'S FINDING Se4 # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A57100 KIMMEL, CRAIG T 30 E BUTLER PIKE AMBLER PA 19002 (215)540-8888 2 1 PLF X4061100 KIMMEL, KENNETH 24 STANDING TREE CIRCLE SOUTHAMPTON PA 18966 3 DFT X4061101 GREENWOOD, JOHN 2280 OLD LAKE MARY RD SANFORD FL 32771 4 DFT X4061103 GREENWOOD AUTOMOTIVE PERFORMANCE I PO BOX 817 SANFORD FL 32772 Filing Date / Time Docket Entry Date Entered 14-JAN-00 13:34:00 COMMENCEMENT OF CIVIL ACTION 19-JAN-00 KIMMEL, CRAIG T 14-JAN-00 13:34:00 SHERIFF'S SURCHARGE 2 DEFTS 19-JAN-00 KIMMEL, CRAIG T 14-JAN-00 13:34:00 COMPLAINT FILED NOTICE GIVEN 19-JAN-00 KIMMEL, CRAIG T COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. 14-JAN-00 13:44:34 ACTIVE CASE 19-JAN-00 11:08:40 ARBITRATION HEARING SCHEDULED 14-JAN-00 19-JAN-00 07-SEP-00 14:51:32 REINSTATEjREISSUE CIVIL ACTION 07-SEP-00 COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. ~~? . REPORT ZDRDOCT First Judicial District USER ID: TMT CIVIL DOCKET REPORT CASE ID 000101712 Filing Date / Time Docket Entry 08-SEP-00 14:52:09 CONTINUANCE BY PLF GRANTED 08-SEP-00 14;53:14 ARBITRATION HEARING SCHEDULED 11-SEP-00 16:03:38 NOTICE GIVEN 12-OCT-00 10:30:23 MISC ARB APPLICATION FILED PAGE 2 RUN DATE 08/25/04 RUN TIME 01:50 PM Date Entered 08-SEP-00 08-SEP-00 11-SEP-00 12-OCT-00 16-OCT-00 15:00:41 ORDER ENTERED/236 NOTICE GIVEN 16-OCT-00 MCINERNEY, PATRICIA A ORDERED AND DECREED THAT APPLICANT IS GRANTED LEAVE TO FILE MOTION FOR ALT. SERVICE NO LATER THAN 23-OCT-2000. BY THE COURT....MCINERNEY, J. 23-OCT-2000 16-OCT-00 15:04:01 PETITION -ALTERNATIVE SERVICE 18-OCT-00 KI MMEL, KENNETH 58-00101158 PETITION FOR ALTERNATIVE SERVICE 16-OCT-00 15:05:30 CONTINUANCE BY PLF GRANTED 16-OCT-00 15:06:56 ARBITRATION HEARING SCHEDULED 16-OCT-00 16-OCT-00 18-OCT-00 15:16:31 MOTION ASSIGNED 18-OCT-00 58-00101158 PETITION FOR ALTERNATIVE SERVICE ASSIGNED TO JUDGE MCINERNEY ON 10-19-00 18-OCT-00 15:29:49 NOTICE GIVEN 18-OCT-00 25-OCT-00 14:12:44 REINSTATE/REISSUE CIVIL ACTION 25-OCT-00 KIMMEL, CRAIG T COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. 27-OCT-00 12:09:36 ORDER ENTERED/236 NOTICE GIVEN 27-OCT-00 MCINERNEY, PATRICIA A 58-00101158 - AND NOW, THIS 24TH DAY OF OCTOBER, 2000, UPON CONSIDERATION OF PLAINTIFF'S PETITION FOR ALTERNATIVE SERVICE AND NO RESPONSE THERETO, IT IS ORDERED AND DECREED THAT PLAINTIFF MAY SERVE HIS COMPLAINT BY ALTERNATIVE SERVICE AS 5ET FORTH IN PHILAD. CIVIL RULES OF PROCEDURE <430.1 BY MAILING A COPY BY REGULAR MAIL AND REGISTERED MAIL, RETURN RECEIPT REQUESTED TO 2280 OLD LAKE MARY ROAD, SANFORD, FLORIDA AND TO P.O. BOX 817, SANFORD, FLORIDA....BY THE COURT: PATRICIA MCINERNEY J. 06-NOV-00 15:15:00 AFFIDAVIT OF SERVICE FILED 07-NOV-00 OF COMPLAINT HY CERTIFIED MAIL, RETURN RECEIPT REQUESTED UPON DFT GREENWOOD AUTOMOTIVE PERFORMANCE, INC. ON OCTOBER 31, 2000. PAGE 3 REPORT ZDRDOCT First Judicial District RUN DATE 08/25/04 USER ID: TMT CIVIL DOCKET REPORT RUN TIME 01:50 PM CASE ID 000101712 Filing Date / Time Docket Entry Date Entered 29-NOV-00 09:16:14 AFFIDAVIT OF SERVICE FILED 30-NOV-00 OF COMPLAINT PURSUANT TO COURT ORDER BY CERTIFIED MAIL, REGULAR MAIL AND JOHN GRRENWOOD ON 11-7-00. O1-DEC-00 10:43:56 TRANSFERRED TO MAJOR NON-JURY O1-DEC-00 CERTIFICATION OF NON APPEARANCE OF DEFENDANT(S) - THE DEFENDANT(S) HAVING FAILED TO APPEAR FOR AN ARBITRATION HEARING SCHEDULED OF RECORD, AND WITH THE CONSENT OF ALL PARTIES PRESENT, THE WITHIN CASE SHALL BE HEARD BEFORE A JUDGE OF THE COURT PURSUANT TO Pa.R.C.P. 1303(b)(2), AND Phila.Civ.R. 1303(a), WITHOUT THE ABSENT PARTY(S). THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. 01-DEC-00 10:44:16 FILE COPY PRINTED O1-DEC-00 10:44:40 LISTED FOR TRIAL O1-DEC-00 01-DEC-00 O1-DEC-00 15:13:25 FINDING FOR PLAINTIFF 56,166.00 O1-DEC-00 O'KEEFE, JOSEPH D FINDING FOR PLAINTIFF AGAINST DEFENDANT (GREENWOOD, ETAL) IN THE AMOUNT OF 556,166.00 BYTHE COURT: JUDGE JOSEPH D. O'KEEFE 11/30/00 O1-DEC-00 15:13:26 NOTICE GIVEN UNDER RULE 236 O1-DEC-00 29-MAY-02 14:53:00 JUDGMENT ON COURT'S FINDING 56,166.00 29-MAY-02 KIMMEL, CRAIG T JUDGMENT IS ENTERED ON THE COURT'S FINDING IN FAVOR OF PLAINTIFF AGAINST DEFENDANTS' JOHN GREENWOOD AND GREENWOOD AUTOMOTIVE IN THE AMOUNT OF $56,166. NOTICE GIVEN UNDER PA RCP 237. NOTICE GIVEN UNDER PA RCP 236. JUDGMENT IS HEREBY ENTERED..... * * * End of Docket JUDGMENT CERTIFIED IN THE AMOUNT OF $56,166.00 CEliTIFIEDFROMihcFLL~unJ~`. ~/~ 2 ~ ~~~ JOSEPHtp~HH. E~+E~iS ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610)664-1999 ATTORNEY LD. NO. 20456 KENNETH KIIvi1~~L 25 Standing Tree circle Southampton, PA 1896 vs. JOHN GREENWOOD 308 Kimberly Court Sanford, FL 32771-9708 and GREENWOOD AUTOMOTIVE PERFORMANCE INC. 142 East 8"' Street Apopka, FL 32703-5388 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ATTORNEY LD. NO. 20456 CIV1I, ACTION CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: This is to certify that the address of the Defendant, John Greenwood, is308 Kimberly Court, Stanford, Florida 32771-9708; the address of Defendant, Greenwood Automotive Performance Inc., is 142 East 8"' Street, Apopka, Florida 32703-5388; and the Plaintill's address is 24 Standing Treen Circle, Southampton, PA 18966. i'. ROBERT M. REIBSTEIN Attorney for Plaintiff c'> ~ ^', r o -„ ~ :~, TPn~ ,~ C ~ 1 . .~. r, ~r - .._. ~ ~ . ..,J ~ .r 5 ~ o Q c., Z ~_ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: kennei'l, ~'~~•me 'Z~ STy.~~yyp~Nq Trct f `SpKN Crree.uwUc~ . ~`~~~ ~O ~IMb~'.rIN ~ipJr~ Sq..7fs,~d t ~ L, i~1~~s. . ( )Confessed Judgment ( )Other File No. O~'r ~3~" Amount Due cam,/}t,c,w,pi-on,Pa. ~ a?7l'~7c~' Interest Gl'¢eNur~oc~ /~V7tr+a'h!~-Atty's Comm (~r~rww..r ~rvc . i~-a E194~: ~'a3i ST. : Costs r~pu(>KA ~ ~Lr 3Z7o3_S3FS~' TO THE PROTHONOTARY OF THE SAID COURT: '~ 5 6t l 6(, bo 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 C vm3c"*z c-.air%D County, for debt, i Brest and CCosts~ uppon t followingp described property pf a ~Pfp~al7t(s L2/~ fd~~~ ~t~c''- /T'r '7Yl~r~ czve'r7'!F' ~H~a-w~ GW~RT.1 S~L~` '~F*e2~lptj NJJ~ Pt utz~ P~-TS ~,J ~7^ ('u S S e s i ,~ O F (~-~,~ e~yi~ °wcr! ~ u~ v c ` I ~ ~ ~ Tn~c . ~ °fr•~r 3-~i'~7 V~I.~OoD " Avra~wn~ nv C-~-ev~woccl){3JOt" Cr~en-~oadtV~„ -ri..r u~,,,..c~ p~Fc..da._#~ -tis ~L'a.ecSeaNy ~~r~re~eS G-*t~-~wvo p ~ ~,o r. ~t / p~nrv n.w,s. me e pRvro~+,el9il2S 6:a:wl~+ "Iv ?Z-e "Cor~`l~e S~cw` 6 crrY Jf ,.h,- Grec•~,,.h~~~RS ~nrc. 7713 ~qQ,FM.1 L`t v~ .1 ; 2 ~ a~ *t _ Co r_ G'I•'YC. Mrlc7..r.~, roG l t' S' /~ P' ~ -~--'j`7.1F /~ vT d P'Q+Z-~~ Cz•~'2enrwoo,~ • PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) _ and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~j Date $~Z-1IO~f" Signature: ~`./'~~ ~`^'~ Print Name: ~er~n2~n R . )~;M~,~ v h„ D Address: ~`~ Sfc~~..Jtt~~ ~re E? C trc~E l-~~~~rolP~.($~G6 Attorney for: (~r,NS ,N ,H,1 ewti 6eG,~.(~) Telephone: ~ ! 5 ~ ~ ~' ~ -L{'rJ O Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). ~. Ul a If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ ~ ~^ `~! Q U K ?' ry a ."~ ,_ p _...~ ~. S1 ~ T 3 1c A ~ `' ~~~ a" r q. -~ m~ ~ ~`~ r : t,. J _ ('J N _rJKt ~ ~~ ~, U ~..G ' r~' ~ '"O , , ,y-Y r "- G ~ i ?~ Y G WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO04-4344 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KENNETH KIMMEL 24 STANDING TREE CIRCLE, SOUTHAMPTON, PA 18966 Plaintiff (s) From JOHN GREENWOOD 308 KIMBERLY COURT, SANFORD, FL 32771-970$ AND GREENWOOD AUTOMOTIVE PERFORMANCE INC., 142 EAST $rn STREET, APOPKA, FL. 32703-5388 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy and Seize at the Corvette Show, Carlisle Fairgrounds, auto parts in the possession of Greenwood Corvettes, Inc., Tim Greenwood, Burt Greenwood, Joseph Greenwood, or the named defendants as well as any corvettes Automobiles brought to the Corvette Show by any of the the Greenwoods levy and Size the Corvette automobiles and levy the auto parts. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a Warned garnishee, you aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$56,166.00 Interest Atty'S COnIITl A[ty Paid Plaintiff Paid $35.00 Date: August 27, 2004 (Seal) L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono Deputy REQUESTING PARTY: Name Kenneth R. Kimmel, VMD Address: 24 Standing Tree Circle Holland, PA 18966 Attorney for: Telephone: 215-860-4501 Supreme Court ID No. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO04-4344 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KENNETH KIMMEL 24 STANDING TREE CIRCLE, SOUTHAMPTON, PA 18966 Plaintiff (s) From JOHN GREENWOOD 308 KIMBERLY COURT, SANFORD, FL 32771-9708 AND GREENWOOD AUTOMOTIVE PERFORMANCE INC., 142 EAST STU STREET, APOPKA, FL. 32703-5388 (1) You are duetted to levy upon the property of the defendant (s)and to sell Levy at the Corvette Show, Carlisle Fairgrounds, auto parts in the possession of John Greenwood or Greenwood Automotive Performance Inc., and seize any Corvettes Automobiles brought to the Corvette Show by Greenwood Automotive, Performance Inc., or John Greenwood. (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$56,166.00 Interest Atty's Comm Atty Paid Plaintiff Paid $35.00 Date: August 27, 2004 (Seal) REQUESTING PARTY: Name Kenneth R. Kimmel, VMD Address: 24 Standing Tree Circle Holland, PA 18966 Attorney for: Telephone: 215-860-4501 Supreme Court ID No. L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG PBrothonot tP1~~ 1~~~~~~~ , Y• ~~ (~'f/~//~j Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 1.26 Advertising Law Library Prothonotary 1.00 Mileage 3.70 Surcharge 40.00 Levy Certified Mail Post Pone Sale Garnishee TOTAL $ 63.96 Advance Costs: 1000.00 Sheriff's Costs: b3.96 $ 936.04 Refunded to Atty on 11l18f04 Sworn and Subscribed to before me ,~5~ c~ ~ ~ This != day of „~,~, ~ O _ ~ R. Thomas Kline, Sheriff 2004 A.D. ~ " ~ t, ro onotazy ~ ~ ~ CL' ~ ~ ~-"t - ~'~k. e ~1 C C ~' ~` By Claudia A. Brewbaker s 'L R=, ~` 1`~~~ f W .f.a \y.~~ _ k' r ~; s ~,p e12, Y7 9..~ ~ t ~, /Sl'DYo WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N004-4344 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KENNETH KIMMEL 24 STANDING TREE CIRCLE, SOUTHAMPTON, PA 18966 Plaintiff (s) From JOHN GREENWOOD 308 KIMBERLY COURT, SANFORD, FL 32771-9708 AND GREENWOOD AUTOMOTIVE PERFORMANCE INC., 142 EAST 8Tn STREET, APOPKA, FL. 32703-5388 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy at the Corvette Show, Carlisle Fairgrounds, auto parts in the possession of John Greenwood or Greenwood Automotive Performance Inc., and seize any Corvettes Automobiles brought to the Corvette Shaw by Breenwood Automotive, Performance Inc., or John Greenwood. (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$56,166.00 L.L. Interest Atty's Comm % Due Prothy $1.00 Atty Paid Other Costs Plaintiff Paid $35.00 Date: August 27, 2004 (Seal) REQUESTING PARTY: Name Kenneth R. Kimmel, VMD Address: 24 Standing Tree Circle Holland, PA 18966 Attorney for: Telephone: 215-860-4501 Supreme Cour[ ID No. CURTIS R. LONG Prothono By: ' Deputy