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
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ed'7oyyy .
Notice 0011,14
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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
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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