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HomeMy WebLinkAbout12-0577A I GENTILE LAW FIRM, LLC ` By: STANLEY R. GENTILE, ESQ. _ . Attorney I.D. No. 85177 , 220 South White Horse Pike ' ca ? Audubon, New Jersey 08106 Attorneys for Plaintiff - (856) 547-1100 r._ CO PEIRCE-PHELPS, INC., COURT OF COMMON PLEAS (J I CUMBERLAND COUNTY Plaintiff, Civil Action vs. 0 NO. la - 5177 -0 vi 1 ? 1 HERRE BROS., INC. and KEVIN R. BAKER, SR., Defendants. PRAECIPE (CERTIFICATE) OF VALID JUDGMENT I, Stanley R. Gentile, Esquire, attorney for plaintiff, hereby certifies that the Judgment against defendant, Herre Bros, Inc., in the amount of $16,577.38, docketed in the Court of Common Pleas, Philadelphia County, Pennsylvania is valid, enforceable and unsatisfied. STANLEY R. GENTILE, ESQUIRE On behalf of Plaintiff Dated: January 25, 2012 33.So PD ATry 0'* 1404 ed'7oyyy . Notice 0011,14 • PRAECIPE (CERTIFICATE) I, Stanley R. Gentile, Esquire, attorney for plaintiff, hereby certifies that upon previously GENTILE LAW FIRM, LLC By: STANLEY R. GENTILE, ESQ. Attorney I.D. No. 85177 220 South White Horse Pike Audubon, New Jersey 08106 (856) 547-1100 PEIRCE-PHELPS, INC., Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action VS. NO. HERRE BROS., INC. and KEVIN R. BAKER, SR., Defendants. speaking with a court representative from the Court of Common Pleas, Philadelphia County, Pennsylvania, I was advised that the only document that they usually provide attorneys when attempting to transfer a Judgment to another county is the subject Certified Docket Entries Showing Judgment against defendant Herr Bros., Inc. STANLEY R. GENTILE, ESQUIRE On behalf of Plaintiff Dated: January 25, 2012 PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 01/13/12 USER ID: CYS CIVIL DOCKET REPORT RUN TIME 02:01 PM CASE ID 111002117 -------------------------------------------------------------------------------- CASE NUMBER CASE CAPTION 111002117 PEIRCE-PHELPS, INC. VS HERRE BROS., INC. ETAL FILING DATE COURT LOCATION JURY 18-OCT-2011 AR CH N CASE TYFE: CONSTRUCTION CONTRACT STATUS: ARBITRATION HEARING SCHEDULED Event Schedule Room / Location Judge Name Date/Time ARBITRATION HEARING 21-JUN-12 1880 JFK Blvd., 5th Floor , 09:30:00 ARBITRATION CENTER Seq # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A85177 GENTILE, STANLEY R 220 SOUTH WHITE HORSE PIKE FIRST FLOOR AUDUBON NJ 08106 (856)547-1100 (856)547-1175 - FAX 2 1 PLF @7067154 PEIRCE-PHELPS, INC. 2000 N. 29TH STREET PHILADELPHIA PA 19403 3 20-DEC-11 DFT @7067155 HERRE BROS., INC. 4417 VALLEY ROAD ENOLA PA 17025 4 5 DFT @7067156 BAKER JR., KEVIN R. 854 LEXINGTON PLACE LEWISBERRY PA 17339 5 ADFT A16677 STROKOFF, ELLIOT A 132 STATE STREET HARRISBURG PA 17101 (717)233-5353 (717)233-5806 - FAX Filing Date / Time Docket Entry 18-OCT-11 11:44:18 ACTIVE CASE E-Filing Number: 1110025121 Date Entered 18-OCT-11 REPORT : ZDRDOCT First Judicial District USER ID: CYS CIVIL DOCKET REPORT CASE ID 111002117 Filing Date / Time Docket Ent 18-OCT-11 11:44:18 COMMENCEMENT OF CIVIL ACTION PAGE 2 RUN DATE 01/13/12 RUN TIME 02:01 PM Date Entered 18-OCT-11 GENTILE, STANLEY R 18-OCT-11 11:44:18 COMPLAINT FILED NOTICE GIVEN 18-OCT-11 GENTILE, STANLEY R COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. 18-OCT-11 11:44:18 SHERIFF'S SURCHARGE 2 DEFTS 18-OCT-11 GENTILE, STANLEY R -R-nCT-', 11:46:25 ARBITRATION HEARING SCHEDULED 18-OCT-11 SCHEDULED FOR ARBITRATION HEARING ON JUNE 21, 2012, AT 09:30 AM AT THE ARBITRATION CENTER, 1880 JFK BLVD., 5TH FLOOR. 05-DEC-11 14:56:32 ANSWER TO COMPLAINT FILED 05-DEC-11 STROKOFF, ELLIOT A ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT FILED. (FILED ON BEHALF OF KEVIN R. BAKER) ENTRY OF APPEARANCE FILED ON BEHALF OF KEVIN R. BAKER. 20-DEC-11 10:47:42 JUDGMENT ENTERED BY DEFAULT 16,577.38 20-DEC-11 GENTILE, STANLEY R PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF PEIRCE-PHELPS, INC. AND AGAINST HERRE BROS., INC. FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237.5 GIVEN. AFFIDAVIT OF NON-MILITARY SERVICE FILED . DAMAGES ASSESSED: $16,577.38 AFFIDAVIT OF SERVICE FILED. BILL OF COSTS TOTALLING $2,448.98 FILED. 09-JAN-12 14:33:08 PRAECIPE TO ISSUE WRIT FILED 10-JAN-12 GENTILE, STANLEY R PRAECIPE FOR WRIT OF EXECUTION (PP) FILED. WRIT OF EXECUTION 'PP) !SSU D AGAINST DEFENDANT HERR.E BROS., INC. * * * End of Docket * * * JUDGMENT CERTIFIED IN THE AMOUNT OF $ 16,577.38. JAN 13 -.2012 JOSEPH H. EVERS OTHONOTAflY OF PHILADELPHIA COUNTY i i ti GENTILE LAW FIRM, LLC By: STANLEY R. GENTILE, ESQ. Attorney I.D. No. 85177 220 South White Horse Pike Audubon, New Jersey 08106 (856) 547-1100 Attorneys for Plaintiff PEIRCE-PHELPS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Civil Action vs. NO. S 7 7 C r`? l' HERRE BROS., INC. and KEVIN R. BAKER, SR., Defendants PRAECIPE (CERTIFICATE) OF ADDRESSES I, Stanley R. Gentile, Esquire, attorney for plaintiff, hereby certifies that the Defendant is located at the following address: Herre Bros., Inc. 4417 Valley Road Enola, PA 17025-1477 Defendant And my client, the plaintiff, Peirce-Phelps, Inc., is located at 2000 N. 29th Street, Philadelphia, Pennsylvania 19403. STANLEY R. GENTILE, ESQUIRE On behalf of Plaintiff Dated: January 25, 2012 WRIT OF EXECUTION and/or ATTACHMENT COMMONIKEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-577 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Peirce-Phelps, Inc. Plaintiff (s) From Herre Bros., Inc. - 4417 Valley Road, Enola PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all goods and chattels, equipment, inventory, furniture, money, vehicles, and any and all other tangible items of Herre Bros., Inc. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: Fulton Bank - 599 N. 12th Street, Lemoyne, PA 17043 - any and all bank accounts in the name of Herre Bros., Inc. located at Fulton Bank and any other bank located in your county or otherwise. And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 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 $16,577.38 L.L. $.50 Interest Atty's Comm % Due Prothy $2.25 Atty Paid $65.00 Other Costs Plaintiff Paid Date: 2/7112 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name Stanley R. Gentile, Esquire Address: Gentile Law Firm, LLC 220 S. White Horse Pike Audubon, NJ 08106 Attorney for: Plaintiff Telephone: 856-547-1100 Supreme Court ID No. 85177 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Peirce- Phelps, Inc. PRAECIPE FOR WRIT OF EXECUTION Plaintiff VS. Herre Bros., Inc. Defendant Address: 4417 Valley Road Enola. PA 17025 TO THE PROTHONOTARY OF THE SAID COURT: ? Confessed Judgment C ") Flo ? Other File No. 12-577 t?n+ ? Amount Due $16,577.38 ?- ?"` 4`= M Interest Atty's Comm 00 $29 . Costs , 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) Any and all goods and chattels, equipment, inventory, furniture, money, vehicles, and any and all other tangible items of Herre Bros., Inc. 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) Fulton Bank, 599 N. 12th Street, Lemoyne, PA 17043, garnishee - any and all bank accounts in the name of Herre Bros., Inc. located at Fulton Bank and any other bank located in your county or otherwise. and all ether 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. Date 2-2-12 _ Signature: (.J Print Name: Stanley R. Gentile, Esq. $2q- 0o fa/?/t Address: 220 S. White Horse Pike 33.6D CBF Audubon, NJ 08106 .x.50 u _6s oo pd 1-4 a• olu e Co 5'o 4L ? `.?-lo?4fl a l- ?-A /-5 s u ip-d Attorney for: Telephone: Plaintiff (856) 547-1100 Supreme Court ID No: 85177 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F ;L LU-+1r r 6GL ppo.CHONOTA'I 2012 FEB 23 PM 2* 56 CU PENN YLVA? A 1 y{ Peirce-Phelps, Inc. Case Number vs. Herre Bros., Inc. 2012-577 SHERIFF'S RETURN OF SERVICE 02/16/2012 12:25 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2012 at 1224 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Herre Bros., Inc., in the hands, possession, or control of the within named garnishee, Fulton Financial Advisors, 599 N 12th Street, Lemoyne, Cumberland County, Pennsylvania, 17043 by handing to Kashmir Stambaugh, Teller personally two (2) true and attested copies of the writ of execution and made the contents there of known to her. No interrogatories were served as none were provided by the attorney. SO ANSWERS, February 17, 2012 RON R ANDERSON, SHERIFF Ronald Hoover, Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson ?-ED-0 L THE FRG7"NOP40 i-6 ? S Smith 2012 FEB 29 ref Deputy ??' .<ichard W Stewart CUMBERLAND COUNT,,' Solicitor PENNSYLVANIA Peirce-Phelps, Inc. Case Number vs. Herre Bros., Inc. 2012-577 SHERIFF'S RETURN OF SERVICE 02/16/2012 12:25 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2012 at 1224 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Herre Bros., Inc., in the hands, possession, or control of the within named garnishee, Fulton FinanciAl Advisors, 599 N 12th Street, Lemoyne, Cumberland County, Pennsylvania, 17043 by handing to Kashmir Stambaugh, Teller personally two (2) true and attested copies of the writ of execution and made the contents there of known to her. No interrogatories were served as none were provided by the attorney. 02/21/2012 03:07 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be RICHARD MCBRIDE (OWNER), who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Herre Bros., Inc. at 4417 Valley Road, Hampden Township, Enola, PA 17025, informed person of contents of same. No levy was completed at this time due to the large amount of equipment on the property, as we would have to schedule several deputies to go do the levy. Mr. McBride was instructed to call into the office to schedule an appointment for the deputies to go to a levy. 02/28/2012 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: $124.08 SO ANSWERS, February 28, 2012 RON R ANDERSON, SHERIFF ? • ? ? r'?? ' CGS , S GENTILE LAW FIRM, LLC # W- f~ RQTHONq 1'At' , By: STANLEY R. GENTILE, ESQ. 2012 MAR - I PM 2= 15 Attorney I.D. No. 85177 220 South White Horse Pike CULANO COt}Nf Audubon, New Jersey 08106 Attorneys for Plainti ENNSYLVANI A (856) 547-1.100 PEIRCE-PHELPS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Civil Action VS. NO. 12-577 HERRE BROS., INC., Defendant. PRAECIPE TO SETTLE, DISCONTINUE AND END, AND MARK DEFAULT JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the above-captioned matter "Settled, Discontinued and Ended" as to defendant, Herre Bros. Inc., only upon payment of Prothonotary's costs, and also mark the default judgment against defendant, Herre Bros. Inc., "Satisfied" (without prejudice as to plaintiff's rights against Kevin R. Baker, Sr.). GENTILE LAW FIRM, LLC Attorneys for Plaintiff STANLEY R. GENTILE, ESQUIRE Dated: February 28, 2012