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HomeMy WebLinkAbout12-3218D L FORREY & ASSOCIATES INC § Plaintiff(s) § VS. § FUEL CITY TRUCK STOP INC § Defendant(s) File No CERTIFICATION OF JUDGMENT nJ .r _ Pursuant to applicable judgment acts*, I, the undersigned Prothonotary/Clerk of Courts of Perry County, State of Pennsylvania do hereby certify that the judgment in the above case was entered in favor of D L FORREY & ASSOCIATES INC, 1729 LITITZ PIKE LANCASTER PA and against FUEL CITY TRUCK STOP INC, RR 3 BOX 431 MILLHALL PA 17752 on the 05-14-2012 day of MAY, A.D. 2012, in said case in the amount of $144,000.00. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 15th day of May, A. D. 2012. `Uniform Enforcement of Foreign Judgments Act Pa.R.C.P. No. 3002(a) 42 Pa.C.S.A. § 4306 P-1 F-2 (Rev. 4/00) J/ Prothonotary / erk of Courts CERTIFIED TRUE COPY PROTHONOTA CLERK OF COURTS C-)A L?1f1 1 a-7SSDO ° `A 4 ' mi?t Date: 5/18/2012 41st Judicial District of PA„ Perry County Branch Time: 08:56 AM Complete Case History Page 1 of 3 Case. CV-CV-2009-00106 D L FORREY ASSOCIATES INC vs. FUEL CITY TRUCK STOP INC Filed: 1/28/2009 Subtype: COMPLAINT Physical File: Y Appealed: N Comment: Status History Pending Judge History Date 1/28/2009 Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Judge UNASSIGNED, 1/28/2009 D L FORREY & ASSOCIATES INC, LANCASTER Home: Attorneys ADLER, WILLIAM L ESQ Defendant PA Work: (Primary attorney) Name: FUEL CITY TRUCK STOP INC Address: RR #3 BOX 431 MILLHALL PA 17752 Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys ULMER, BRIAN W ESO (Primary attorney) Hearings Reason for Removal Current SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y Send Notices From To Judge Type 5/13/2009 01:00 PM REHKAMP, C. JOSEPH HEARING 12/16/2011 03:00 PN 12/16/2011 04:00 PN QUIGLEY, KEITH B CONFERENCE 4/10/2012 10:00 AM 4/10/2012 04:00 PM QUIGLEY, KEITH B HEARING Register of Actions 1/28/2009 Complaint filed . Exit cc and time stamp UNASSIGNED, copy to Atty. EXIT CC TO SHERIFF FOR SERVICE WITH CHECK Filing: Complaint Paid by: WILLIAM UNASSIGNED, ADLER Receipt number: 0034362 Dated: 1/28/2009 Amount: $55.25 (Check) For: D I_ FORREY & AGE OF CASES PENDING CIVIL UNASSIGNED, ACTION CASES ONLY 2/12/2009 Sheriffs Return served upon Jasbir Nagra UNASSIGNED, by Sheriff of Union County, filed. User: RUTH S Fn v o ? 0 c 0 0 Z. D O > ? Date: 5/18/2012 - 41st Judicial District of PA, Perry County Branch Time: 08:56 AM Complete Case History Page 2 of 3 Case: CV-CV-2009-00106 D L FORREY _ASSOCIATES INC vs. FUEL CITY TRUCK STOP INC Register of Actions 2/12/2009 Affidavit of Service filed by Sheriff of UNASSIGNED, Union County - NO SERVICE upon Jasbir Nagra, file. 2/18/2009 PRAECIPE FOR ENTRY OF UNASSIGNED, APPEARANCE FILED ON BEHALF OF DEFENDANT. DEFENDANT'S PRELIMINARY MORROW, KATHY A. OBJECTIONS AND ORDER FILED, EXIT ORIGINAL TO JUDGE 2/24/2009 Order dated 02/24/09 filed. Hearing REHKAMP, C. JOSEPH scheduled. Exit cc to Atty Ulmer for distribution, file. (HEARING 04/03/2009 11:30 AM) 3/5/2009 Preliminary Objections in Response to UNASSIGNED, Defendant's Preliminary Objections filed. Exit to judge. 3/20/2009 MOTION FOR CONTINUANCE AND REHKAMP, C. JOSEPH ORDER AND DEFENDANTS VERIFICATION FILED. EXIT ORIGINAL TO JUDGE 3/26/2009 Order dated 03/26/09 filed. Hearing REHKAMP, C. JOSEPH scheduled. Exit cc to parties on distribution, file. (HEARING 05/13/2009 01:00 PM) 3/27/2009 Hearing result for HEARING held on REHKAMP, C. JOSEPH 04/03/2009 11:30 AM: CONTINUED 5/18/2009 Order dated 5/13/2009 filed. Exit cc to UNASSIGNED, parties on distribution, file. 6/2/2009 Defendant's Anwer to Plaintiffs Complaint UNASSIGNED, and Defendant's New Matter filed. Exit is copy to atty, file. 6/22/2009 Reply of Plaintiff to New Matter of UNASSIGNED, Defendant, filed. Exit is copy to atty, file. 8/13/2009 VERIFICATION, filed. Exit to file, is UNASSIGNED, copies to atty. 8/22/2011 Miscellaneous Payment: Subpoenas Paid UNASSIGNED, by: 'W. Adler, Esq. Receipt number: 0046044 Dated: 8/22/2011 Amount: $3.18 (Check) 11/7/2011 Praecipe filed. Exit is to atty, file. UNASSIGNED, 11/9/2011 Filing: List For Trial Paid by: ADLER, UNASSIGNED, WILLIAM L ESQ (attorney for D L. FORREY & ASSOCIATES INC,) Receipt number: 0046927 Dated: 11/9/2011 Amount: $4.77 (Check) For: FUEL CITY TRUCK STOP IIVC (defendant) 11/15/2011 Order dated 11-14-2011 filed. Hearing QUIGLEY, KEITH B scheduled. Exit cc to parties on distribution, file. (CONFERENCE. 12/16/2011 03:00 PM) 12/19/2011 Memorandum dated 12/16/2011 filed. QUIGLEY, KEITH B Exit is cc to parties on distribution, file. User: RUTH S \m 0 0 O D -p Z Date: 5/18/2012 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 08:56 AM Complete Case History Page 3 of 3 Case: CV-CV-2009-00106 D L FORREY ASSOCIATES INC vs. FUEL CITY TRUCK STOP INC Register of Act ions 1/4/2012 Order dated 01-03-2012 filed. Hearing QUIGLEY, KEITH B scheduled. Exit cc to parties on distribution, file. (HEARING 04/10/2012 09:00 AM) 2/14/2012 Order dated 2-14-2012 filed. Exit cc to QUIGLEY, KEITH B parties on distribution, file. (HEARING 04/10/2012 10:00 AM) 4/11/2012 Order dated 04/10/2012 "Court hereby MUMMAH, KENNETH A. awards judgment against Defendant and in favor of Plaintiff in the amount of $144,000.00..." filed. Exit is cc to parties on distribution, file. 5/8/2012 Filing: Appeal To Superior Court Paid UNASSIGNED, by: LAW OFFICE OF BRIAN W ULMER Receipt number: 0049014 Dated: 5/8/2012 Amount: $39.75 (Check) For: FUEL CITY TRUCK STOP INC Case appealed to Superior Court. Notice UNASSIGNED, of Appeal, Certificate of Service filed. Exit to Superior Court with check #31454 ($73.50). Returned 4 is copies to atty per instructions. Statement of Matters Complained of on UNASSIGNED, Appeal Order dated 05/08/2012 filed. Exit is cc: to both atty, file. 5/14/2012 Filing: Exemplified Record Paid by: UNASSIGNED, =a n ADLER, WILLIAM L ESQ (attorney for D M L FORREY & ASSOCIATES INC,) D Q Receipt number: 0049105 Dated: --? 5/15/2012 Amount: $20.90 (Check) For: c FUEL CITY TRUCK STOP INC G 0 Receipt returned from Superior Court UNASSIGNED, p dated received 05/10/2012, exit to file. Superior Court Docket #868 MDA 2012 - UNASSIGNED, Appeal Docket Sheet dated 05/10/2012 filed, exit to file. Praecipe filed. Exit is to atty, file. UNASSIGNED, Judgment Order date in Favor Of Disposition Judgment 05/14/2012 Plaintiff 00/00/0000 Judgment Comment: 144000.00 Plaintiff: D L FORREY & ASSOCIATES INC, Defendant: FUEL CITY TRUCK STOP INC D. L. FORREY & ASSOCIATES V. FUEL CITY TRUCK STOP, INC. :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT :OF PENNSYLVANIA - :PERRY COUNTY BRANCH :NO. CV-2009-106 ORDER AND NOW, April 10, 2012, after Bench Trial, the Court hereby awards judgment against Defendant and in favor of Plaintiff in the amount of $144,000.00 (one hundred forty-four thousand dollars). cc: William Adler, Esquire Brian Ulmer, Esquire BY THE COURT, o ro c 0 KENNETH A. MUMMAH, JUDGE 0z0 ?3 ? D.L. FORREY & ASSOCIATES, INC., Plaintiff vs. FUEL CITY TRUCK STOP, INC., Defendant NOTICE OF APPEAL Notice is hereby given that Defendant, by and. through its attorney, Brian W. Brian W. Ulmer, Esquire ID No. 80116 Counsel for Defendant 23 North Derr Drive Lewisburg, PA 17837 (570) 522-1092 Q n M X C: M ? a 0 D -fir- --I X N N _ ? t W _ Ulmer, Esquire, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the I It" day of April, 2012. A copy of the Order appealed from is attached to this Notice of Appeal. IN THE COURT OF COMMON PLEAS OF THE 411T JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. CV-2009-106 Respectfully submitted, {J 12:50 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 868 MDA 2012 Page 1 of 2 Secure May 10, 2012 ?y ??:..:g 2,R 004 D. L. Forrey & Associates, Inc. V. Fuel City Truck Stop, Inc. Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 10, 2012 Awaiting Original Record Journal Number: Case Category: Civil Case Type(s): Civil Action Law SCIfOVLE©. EVEN Next Event Type: Receive Docketing Statement Next Event Due Date: May 24, 2012 Next Event Type: Original Record Received Next Event Due Date: July 9, 2012 C¢i($EL'INFORilAT10N Appellant Fui Pro Se: No 1FP Status: No Attorney: Bar No: Law Firm: Add ress: al City Truck Stop, Inc. Appoint Counsel Status: Represented Ulmer, Brian W. 080116 Law Office of Brian W. Ulmer 23 N Derr Dr Ste 4 Lewisburg, PA 17837--0154 Phone No: (570) 522-1092 Fax No: (570) 522-1093 Receive Mail: Yes Receive EMail: No Appellee D.L. Forrey & Associates, Inc. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Adler, William L. Bar No: 039844 Law Firm: Adler & Adler Address: 4949 Devonshire Rd Harrisburg, PA 17109 Phone No: (717) 652-8989 Fax No: Receive Mail.- Yes Receive EMail: No N c7 i C7 w C, Kµ -, -< T M Q 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3218 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due D L FORREY & ASSOCIATES, INC. Plaintiff (s) From FUEL CITY TRUCK STOP, INC., US RT 11&15, LIVERPOOL, PA 17045 atCa a+ be (1) You are directed to levy upon the property of the defendant (s)and to sell I@Vy V(??I? fW vQpd - r, ?, (2) You, are also directed to attach the property of the defendant(s) not levied upon in the possession 0,talol t 4?p of lapex?bk &w& ftkA- }7. eyismb1e kt?? Se. ?,'It6L foul ?f ``FF EKp?Ywtior C?Q?es 5vep?w-tr ?l-4tp.K y s al0u4 S. GARM EE(S) as follows: Vkl? A jDUi ldx;10J. M&T BANK Sa aye e0.s?l Y?i $k.- (%r%AtK"(5. 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, Q) 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 bue$144,000.00 L.L. $.50 Interest PROM MAY 10, 2012 @ $23.67/DAY - $1,420.00 Atty's Comm % Due Prothy $2.25 Atty Paid, $125.10 Other Costs Plaintiff Paid Date: MAY 22, 2012 (Seal) REQUESTING PARTY: Name : WILLIAM L. ADLER, ESQUIRE Address: 4949 DEVONSHIRE ROAD HARRISBURG, PA 17109 Attorney for: PLAINTIFF Telephone: 717-652-8989 David D. Buell, Prothonotary Deputy Supreme Court ID No. 39844 William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: bal@billadlerlaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant : E #°1E PROS HONOTAF 2012 MAY 22 PM 1: 56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-3218 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the sheriff of Cumberland County: (1) against Fuel City Truck Stop, Inc., defendant (2) against M&T Bank, NA, garnishee REAL DEBT $144,000.00 INTEREST $1,420.00 From May 10, 2012 @ $23.67/day 60 days COST PAID: Prothonotary $62.00 SHERIFF $200.00 STATUTORY $ COSTS DUE $ TOTAL $145,682.00 Cw S.) -- aAj o?.o - QRk? 43.90 F a4v\ It ap tA&-- William L. Adler, Esquire Attorney for Plaintiff 4949 Devonshire Road Harrisburg, PA 17109 717-652-8989 AA Supreme Court ID Number 39844 e BAL@BillAdlerLaw.com c?S Cl) d ?SS1 -7 Wrif of x 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor " F a: „? Y 29 PH 3: ti 7 PENNSYLVAWD. L. Forrey & Associates Case Number vs. Fuel City Truck Stop, Inc. 2012-3218 SHERIFF'S RETURN OF SERVICE 05/25/2012 03:13 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2012 at 1513 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Fuel City Truck Stop, Inc., in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handling to Donna Egolf, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, May 29, 2012 RON R ANDERSON, SHERIFF aw Guts all, Deputy William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL@ BillAdlerLaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant ? ?rJ f ti CO IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-3218 ANSWER OF PLAINTIFF TO DEFENDANT'S PETITION TO STRIKE AND/OR OPEN AND/OR STAY AND/OR FOR RELIEF FROM JUDGMENT AND NOW COMES the plaintiff, through its attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer thereto, the judgment was entered in Perry County on May 14, 2012. 4. Admitted. 5. Admitted. 6. Denied. This is a conclusion of law to which no responsive pleading is required. By way of further answer thereto, it is denied that the defendant's appeal is meritorious. 7. Admitted. 8. Admitted. 9. Denied. A stay is permitted if proper security has been posted pursuant to 42 PACS 4306(d) which states the following: (d) Stay. (1) If the judgment debtor shows the court of common pleas that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the State in which it was rendered. (2) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of any court of common pleas of this Commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth. PA Rule of Appellate Procedure 1731 states that an appeal shall operate as a supersedeas upon the filing with the clerk of the lower court of appropriate security in the amount of 120% of the amount found due by the lower court and remaining unpaid. The lower court awarded plaintiff $144,000.00. The appropriate bond amount should be $172,800.00. No bond has been filed by defendant. 10. Admitted. 11. Admitted. By way of further answer thereto, all docket entries were submitted with the judgment transfer and are of record in Cumberland County. 12. Denied. Notice of the judgment was sent directly from the Prothonotary. Plaintiff is not aware as to whether the docket entries were sent. By way of further answer thereto, the docket entries were properly filed with Cumberland County. 13. Denied. Defendant failed to post the proper bond with the Court pursuant to Appellate Rule 1731. The filing of an appeal alone does not stay execution proceedings. 14. Denied. At this time, Plaintiff is without knowledge as to whether a bank account of defendant's was frozen, although garnishment papers had been filed and served by the sheriff. Defendant's property is not immune from execution without the proper filing of a bond. 15. Denied. This is a legal conclusion to which no responsive pleading is required. WHEREFORE, plaintiff respectfully requests that defendant's petition be dismissed. William L. Adler, squire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com June 6, 2012 CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Plaintiff, hereby certify on June 6, 2012,1 served a copy of the within Answer upon the following person by first class mail, postage prepaid, addressed as follows: Brian Ulmer Esquire 23 North Derr Drive Lewisburg, PA 17837 William L. Adler, Esquire DL FORREY & ASSOC., INC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION FUEL CITY TRUCK STOP, INC., Defendant NO. 2012-3218 CIVIL TERM IN RE: DEFENDANT'S PETITION TO STRIKE AND/OR OPEN AND/OR STAY AND/OR FOR RELIEF FROM JUDGMENT RULE TO SHOW CAUSE AND NOW, this/occ`?ay of June, 2012, upon consideration of Defendant's Petition To Strike and/or Open and/or Stay and/or for Relief From Judgment, a RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days from the date of this Order. BY THE COURT, Christylee Peck, J. William L. Adler, Esq. 4949 Devonshire Road - - _ a Harrisburg, PA 17109 For Plaintiff Brian W. Ulmer, Esq.' 23 North Derr Drive Lewisburg, PA 17837 For Defendant ,ell 6 cp 1 0'Or it c P" TA R William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 " '1 JUN 2 7 All 10: 58 CC# L ND C L V4NIA Email: BAL@ BillAdlerLaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-3218 AMENDED ANSWER OF PLAINTIFF TO DEFENDANT'S PETITION TO STRIKE AND/OR OPEN AND/OR STAY AND/OR FOR RELIEF FROM JUDGMENT AND NOW COMES the plaintiff, through its attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer thereto, the judgment was entered in Perry County on May 14, 2012. 4. Admitted. 5. Admitted. 6. Denied. This is a conclusion of law to which no responsive pleading is required. By way of further answer thereto, it is denied that the defendant's appeal is meritorious. 7. Admitted. 8. Admitted. 9. Denied. A stay is permitted if proper security has been posted pursuant to 42 PACS 4306(d) which states the following: (d) Stay. (1) If the judgment debtor shows the court of common pleas that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the jud ment debtor has furnished the security for the satisfaction of the judg ent required by the State in which it was rendered. (2) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of any court of common pleas of this Commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth. PA Rule of Appellate Procedure 1731 states that an appeal shall operate as a supersedeas upon the filing with the clerk of the lower court of appropriate security in the amount of 120% of the amount found due by the lower court and remaining unpaid. The lower court awarded plaintiff $144,000.00. The appropriate bond amount should be $172,800.00. No bond has been filed by defendant as of June 26, 2012. 10. Admitted. 11. Admitted. By way of further answer thereto, all docket entries were submitted with the judgment transfer and are of record in Cumberland County. 12. Denied. Notice of the judgment was sent directly from the Prothonotary. Plaintiff is not aware as to whether the docket entries were sent. By way of further answer thereto, the docket entries were properly filed with Cumberland County. 13. Denied. Defendant failed to post the proper bond with the Court pursuant to Appellate Rule 1731. The filing of an appeal alone does not stay execution proceedings. 14. Denied. At this time, Plaintiff is without knowledge as to whether a bank account of defendant's was frozen, although garnishment papers had been filed and served by the sheriff. Defendant's property is not immune from execution without the proper filing of a bond. 15. Denied. This is a legal conclusion to which no responsive pleading is required. 16. On June 18, 2012, the Superior Court issued an order and rule to show cause why the appeal should not be dismissed for failure on the appellant's part to file post trial motions within ten days of the filing of the decision. This action is pending. A copy of that Order is attached as Exhibit "A." 17. It is likely that appellant's appeal will be dismissed due to failure to file post trial motions. WHEREFORE, plaintiff respectfully requests that defendant's petition be dismissed. Vltlk ? A&-2,, William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com June 26, 2012 CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Plaintiff, hereby certify on June 26, 2012, I served a copy of the within Answer upon the following person by first class mail, postage prepaid, addressed as follows: Brian Ulmer Esquire 23 North Derr Drive Lewisburg, PA 17837 William L. Adler, Esquire D.L. Forrey & Associates, Inc. V. Fuel City Truck Stop, Inc. No. 868 MDA 2012 Filed: June 18, 2012 Appellant, defendant below, filed a notice of appeal from the nonjury verdict of April 10, 2012. There is no Indication that appellant filed post-trial motions. There is no indication that final judgment has been entered below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision In the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." To preserve issues for appeal, parties are required to file post-trial motions following a verdict entered after a trial in law or equity. Chalkey v Roush, 805 A.2d 491 (Pa. 2002). An appeal lies from entry of judgment subsequent to the trial court's disposition of post-trial motions. Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006). Appellant is hereby directed to show cause, within ten days of the date of this order, as to why this appeal should not be dismissed for failure to preserve issues for appeal. If, upon receipt of the response, it is determined that no action should be taken at this time, the Issues raised by this order will be referred to the panel assigned to decide the merits of this appeal. Per Curiam IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Perry County No. CV-2009-106) , k 14 William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL@BillAdlerLaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant ILEU-OF ll::. f IiE PRQTHONOTAk 2012 JUN 28 AM 11: 54 -USYLVAMA Y IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-3218 p sat ikS(5 'f L'r May nor Res Provtgeq rransaCtio ect Unped INTERROGATORIES TO GARNISHEE, M&T Bank Document t l ?se SS1negsteq IMPORTANT NOTICE TO GARNISHEE! 9 Fees 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. The term "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. Defendant: Fuel City Truck Stop, Inc., [c/o Jasbir Nagra, President, with a registered address of US Rt 11 & 15, Liverpool, PA 17045, or P.O. Box 44, Port Trevorton, PA 17864-55] C. "You" means the main office and all branch officers of M&T Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant(s) any money, were you liable to them on any negotiable or other written instrument, or did he (they) claim that you owed him (them) any money or were liable to them for any reason? t?/-:? 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature , v Balances Provided May not Reflect Unposted Transactions or Legal owned solely or in part by the Defendant(s)? ND DOcurnent Processing Fees 3. At the time you were served with these_Interrogatories or at any subsequent time,. did you hold legal title to any property of any nature owed solely or in partby the Defendant(s) or in which Defendant(s) held or claimed any interest? ?. 4. At the time you were served with these Interrogatories or at any subsequent time, did the Defendant(s), transfer or deliver -anyproperty to you or to any subsequent time, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant-to. your direction or consent and, if so, what was the Y.T, consideration therefor? 5. At any time after you.Were served with these Interrogatories, did you pay, transfer or deliver anynioney or property to the Defendant(s), to any person or place pursuant to Defendant(s)' daiec.iion, or otherwise discharge any claim of the Defendant(s) against you,: o 6. At.the time you were served with'these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents oftitle, securities, notes, coupons; receivables,. collateral, checking, savings, taxi, or other accounts or deposits in which Defendant(s)has (have) an interest? . ?; 7. At the time you were served. with these Interrogatories or at any subsequent time, did you hold as fiduciary any property iii: which the Defendant interest? (s) has (have) any 8. At the time you were served-with these Interrogatories or at any `subsequent time, did you hold any Treasury Bill, repurchase Agreement ;or any other type of investment or commercial paper in which, the Defendant(s) has ,(have) any interest? t,)o 9. At the time you were served with these Interrogatories or at any subsequent time- did you.have property of the Defendant(s) _or property in which he (they) has, (have) any interest on deposit or otherwise in your possession, custody or control. other than that DrOWAV indicated in your answers to the preViouS Interrogatories 10. Have you ever owed'money to Defendant(s) ar`held a Ibl Defendant ny properly u?.??,?.,, (s)? If 'so, state when you either satisfied the debt or disposed of the Property and in what manner, for what consideration, and to whom? 1 (?? F Melissa M. Peter M&T Ban '). William L. Adler, Esquire /k 4949 Devonshire Road Flanisburg, PA 17109 °-- -i Phone: 71-7-652-8989 Fax: 71,7-307-3343 Supreme Court ID: 39844 bal@bllladlerla,,v.com May 21, 2012 William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL@BillAdlerLaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant To the Prothonotary: 3 N ? rrim c = - ".. 0 r V7 -rC)r- N CO -?' C CC "l7 p..;.ti IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-3218 PRAECIPE Please enter judgment against the garnishee in the above matter, M&T Bank, P.O. Box 844, Buffalo, NY 14240, in the amount of $144,000.00 in favor of the named plaintiff. Answers to interrogatories are attached hereto as Exhibit "A." -V? f'41? ? William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com June 28, 2012 *I 1,0_50 po A-r7Y &M-1583 & o2`r7 NA06 taiIa2/ Q M&T Bank June 26, 2012 WILLIAM L. ADLER ESQ 4949 DEVONSHIRE ROAD HARRISBURG, PA 17109 Legal Document Processing Phone # 716-635-7717 Fax # 716.635-7725 Re: Writ of Garnishment on Garnishee received-by- - Manufacturers and Traders Trust Company, Garnishee D L Forrey & Associates, Inc VS Fuel City Truck Stop Inc Case #12-3218 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched Its records and has identified the following account(s) with balances due its customer(s) as of No. Balance I Acct No. 15004227798715 $1441000.00 If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below. Number- Deposit Box Number If any of the above accounts or safe deposit boxes are designated by a °J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories have an interest. With respect to all safe deposit boxes, an order directing the drilling of the bomust first be also obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Melissa Peters Legal Document Analyst (716) 635-7717 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 Mi=l.. Adler, Esquire 4949 Devonshire Rd. Phome: 711.652.898 9 Fax: 717-307-3343 Email: BAL@BillAdlerUw.com D L Forney & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant : IN THE COURT OF COMMON PLEAS : Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-3218 ?6a1R? prodded INTERROGATORIES TO GARNISHEE, M&T Bank Doc meon °Le8a1? IMPORTANT NOTICE TO GARNISHEE! ?CeSS?ng Fees 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. The term "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. Defendant: Fuel City Truck Stop, Inc., Ic/o Jasbir Naga, President, with a registered address of US Rt 11 & 13, Liverpool, PA 17045, or P.O. Box 44, Port Trevorton, PA 17864-55] C. "You" means the main office and all branch officers of M&T Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant(s) any money, were you liable to them on any negotiable or other written instrument, or did he (they) claim that you owed him (them) any money or were liable to them for any reason? c.>--S-), 2. At the time you were served with these Interrogatories or at any subsequent time, was therein your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature w Balances Provided May not Reflect Unposted Transactions or Legal owned solely or in part by the Defendant(s)? Document Processing Fees .3, At the. time you Were served wish' these.Interrogatories or at any subsequent'time;. did yoU-hold legal title to anyproperty df any nature owed solel Orin ' rc b the y y Defendant(s) or in wliich Defendant(s) held or claimed any inti?est?j 4. At the.-Urne;you were served With.ihese:Interrogatories or at an subsegiient;tiinb; did the:.Defendant(s): transfer or.d'diyer.auyprpperty toyour onto anysubse uent q t?medid-the Defendant(s) transfer or deliver.any prorerty tq : ou or to an person orplace pursuant to` your direction or consent nd if h a , .so, w at.Was tbe> consideration tharefor? 5, Agony timea$er you.wt.re served %vith:th69-Interrog.atones,., did youp a tran sfer or:ddiver . . , ?'; ;, . ; . money orgrope ty to the Def dant(s);;'to any rsofi ut'place pursuant to 150 endant(s)' di reetion, of otherwise diseltarge;a y clrnm of .the Defenilant($) agajnstyou? 6: At;thali ne'pou word -serwec with-these'Igterrbgatories oratV 'subse.quentthhe} did.you hav@ any'eafe.dep ltBoxes, leti'es;-docurhents oftitle,.secuntlcs, notes;, rec?vables 'bnloq; ;collateral c6e n vin 1 , , sa gs; tak; or other•.accottnts or ; deposifa wl icfi Defendan( s) lieis (have).;gn iittecest?' f ?, At 16:e time you ?veie se ved ?vj#b.these....; Op. ones-opt at:ai y dubs. ttont tithe, did,you3iold' as fiduciary any property in. jt?hich the 11 efendatit(s) has (jave :an y interest. Nth r S. At the dine ..ppott.were-served im th thete.Tnterro tones or at a iil:-Yottitolif ? ony` subsequent titve, t` Tre is a Bill f t u y m , teptwc?ase Agicemeht-or nt iatho; type t?f inYesfnYenF:dr cosiine?cialppp?er=iit which {heI?efeniiuitrs-ds (have?. sny ?hterest ??, 9: ACA e time .you, were served with. th4e.`Intertogatories..or atany svbsegttent. time; did yrou Kaye property of the Dcfendant?s or *proAerty in wh h b . . ic e: (th oy) has- ghat e) anynterest on depositor otherwise m,your.- possession, cusfody ar control otherthan'thai:nrober#v indicated i , n your nswers to the prcvious,Inteiroga `os9 IO. ` Have you ever owed'money to Detendaut(s) or.heto.aay propCrty W,U „ Defendant(s)? Ifstate molten ?ou either t stisfied the debt or tiisg+ - of die . property and in what manner, for .what cottsiderat?on, arid, to whom? tJv Meli Ba eters L M& 4 William.L. Adler,.Esquitt 4949: Devoahird Road k Harrisburg PA 17109 Phone: 71:7-652-8989 Fax. 717-307-3343 Supreme Court ID: 39844 bal@billadlerla-,v;coiri May 21, 2012 D.L. FORREY & ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. FUEL CITY TRUCK STOP, INC., Defendant CIVIL ACTION - LAW NO. 12-3218 CIVIL TERM 1JEFENDANT'S PETITION FOR RELEA; LEVY PURSUANT TO PA R.C.P. N0.3119 ORDER OF COURT AND NOW, this 101' day of July; 2012, upon consideration of Defendant's Petition for Release of Levy Pursuant to Pa. R.C.P. No. 3119, a Rule is hereby issued Plaintiff upon to show cause why the relief requested should not be granted. y RULE RETURNABLE within 30 days of service. BY THE COURT, William L. Adler, Esq. 4949 Devonshire Road Harrisburg, PA 17109 Attorney for Plaintiff Christyle . Peck, J. c? CIO z c> N r r4?. Ronald L. Finck, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant ??Cca k?•l??Mtr ?O, Tc O ?v -..y FT:: ; ?Tl Ronald L. Finck, Esquire Pa. Sup. Ct. I.D. No. 89985 73 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinckgmette.com D.L. FORREY & ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV V. FUEL CITY TRUCK STOP, INC. NO. 12-3218 Defendant : CIVIL ACTION - LAW PROOF OF SERVICE na rV c r- M --o c? rW u-? I, Ronald L. Finck, Esquire, certify that on July 13, 2012, I caused a true and correct of the Court's Order dated July 10, 2012 and entered July 11, 2012 in the above-captioned on the Plaintiff, D.L. Forrey & Associates, Inc. by certified mail, return receipt requested, to counsel of record, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 E _.-{ r_. r` Y A copy of the receipt is attached hereto Respectfully submitted, METTE, EVANS & WOODSIDE By: G? Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorney for Defendant Date: July 13, 2012 2 SENDER: ON DE?.!VERY ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 3. Service Type P( Certified Mail }?? Express Mail ? Registered Y`L Return Receipt for Merchandise ? Insured Mail ? C.O.D. _ 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number- 7008 1140 0004 2434 7 717 (rransfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Postal CERTIFIED ` RECEIPT r (Domestic r? Coverage Provided) _ M SD -- Postage $ rU Certified Fee 1-3 Return Receipt Fee Postmark C3 (Endorsement Required) 2. 55 Here Restricted Delivery Fee C3 (Endorsement Required) r=l Total Postage & Fees $ ?v 4SC7 r=1 Sent To co William L. Adler Es uire C3 3`tr- ---------o ------------------ --------- QQ??QQ?f? be E3 or vonshire Road P Pab MO. - cit0ftWV buY'g,--RA--- I-T10<#--------------------------------- PS 3800, 00 - CERTIFICATE OF SERVICE I certify that 1 am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: William L„ Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Attorney fc)r Plaintiff METTE, EVANS & WOODSIDE By: 4. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorney for Defendant Date: July 13, 2012 585477v1 jLED-OFFICE '1-`E PROTHONOTARY William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 43 12 jUL 2S FM 2: 09 CUMBERLAND COUNTY PENNSYLVANIA Email: BAL@BillAdlerLaw.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant IN THE COURT OF COMMON PL Cumberland COUNTY, PENNSYLV CIVIL ACTION - LAW :NO. 12-3218 RESPONDENT'S REPLY TO FINCK PETITION FOR RELEASE OF LEVY PURSUANT TO PA RCP NUMBER 3119 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer thereto, the appeal was DISMISSED by order of the Superior Court, on July 18, 2012, a copy of which is attached hereto as Exhibit "A." 7. Admitted. 8. Admitted. 9. Admitted. Plaintiff provided a list of the items levied upon to defendant on June 26, 2012. 10. Admitted. By way of further answer thereto, the writ of garnishment was served on M&T Bank on May 25, 2012. Plaintiff is unaware as to the balance in the accounts as of May 25, 2012, however it is known by reason of M&T Bank's answers to interrogatories that there was $144,000 in the accounts of defendant as of June 26, 2012. The answers of M&T Bank to the interrogatories is attached hereto as Exhibit B. These accounts have been frozen since on or around May 25, 2012. 11. Denied. Whether or not the letter attached as Exhibit A qualifies as a sufficient letter of credit under the Pennsylvania Rules of Appellate Procedure is a matter of law to be determined Execution proceedings are not stayed pursuant to Pa.R.A.P. No. 1731. Pa. R.A.P 1735 defines when an action shall be stayed with the posting of bond. It states that the filing of appropriate security in the amount required by this chapter within 30 days from the entry of the order appealed from shall stay any execution theretofore entered. Judgment in this case was entered April 10, 2012. The posting of the bond on June 26, 2012 did not meet the 30 day requirement of Rule 1735. Rule 1.735 goes on to state that the filing of appropriate security after the 30 day period shall stay only executions or distributions thereafter issued or ordered. The writ of execution against the garnishee, M&T Bank, and the levy against the contents of the mini mark located at 611 N. Enola Rd., Enola, PA was filed May 22, 2012. The garnishment was served o May 25, 2012. The levy on the contents of 611 N. Enola Road was served May 25, 2012. Both the levy and garnishment were served well before the posting of a bond by defendant. By way further answer thereto, the appeal of defendant was dismissed on July 18, 2012, so the issue is moot. 12. Denied. It cannot be determined from the form of the letter of credit whether plaintiff is adequately secured. 13. Denied. Operations have continued at the Enola store 24 hours per day 7 days per week since the accounts were frozen on May 25, 2012. In this paragraph, defendant states that Petitioner will be forced to cease operations and close their Enola store unless the levy is released. This paragraph interestingly does not state that the Petitioner will have to close its sto: if the garnishment is not released. The levy against the contents of the Enola store does not preclude the sale and restocking of store contents. Operations would only be halted on the date of sale of the store contents. -2- 14. Denied. The enforcement of the security interest, if any, would be the responsibility of M?-T Bank. 15. Denied. The levy, as stated above, is not interfering with the operation of the store. Store contents such as food items, but not including equipment, can be bought and sold without interference from the issuance of the levy. The operation would only be interfered with on the date of sale of the contents of the store. Again, this paragraph does not request the release of th garnishment, apparently because the garnishment is not interfering with the store operation. 16. Denied. This is a conclusion of law to which no responsive pleading is required. By way f further answer thereto, the Petitioner is not alleged that the garnishment is interfering with operations of the Enola store. In fact, the garnishment is not interfering with the Enola store operation, in that the M&T accounts up to the amount of $126,000 as of May 25, 2012 and $172,800 as of June 25, 2012 pursuant to Exhibit A of the Petition have been frozen since that time with the funds being inaccessible to the defendant/petitioner, and with the store remaining in full operation since that time. By way of further answer thereto, the issue is moot due to the dismissal of the appeal. 17. Denied. Respondent has no knowledge as to Petitioner's ability to post additional security. By way of further answer thereto, the judgment amount is for $144,000. Approximately an additional $2000 has accumulated in costs and interest. $172,800 is adequate security for the amount due. Petitioner has expressed a willingness to post security in addition to the $172,800 which would make more than that amount inaccessible to Petitioner for the operation of the Enola store. By Petitioner's own admission, the release of the garnishment of the $144,000 will have no effect on the operation of the Enola store because petitioner is willing to render more than the $172,800 inaccessible to the operation of the Enola store. 18. Admitted. That order required that Respondent respond to the initial petition of Petitioner for the release of the garnishment and levy, which response was filed by Respondent on June 27, 2012. -3- 19. Admitted. WHEREFORE, Respondent respectfully requests that Petitioner's petition be dismissed and the Court issue an Order as set forth on the attached Exhibit "C". William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com July 23, 2012 -4- CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for plaintiff, hereby certify on the 23 day July , 2012, I served a copy of the within Reply upon the following person by first class mail, postage prepaid, and email addressed as follows: Ronald Fink Esquire METTE, EVANS & WOODSIDE 3401 N. Front St. P.O. Box 5950 Harrisburg, PA 17110-0950 rlfinck@mette.com Brian Ulmer Esquire 23 North Derr Drive Lewisburg, PA 17837 ulmerlaw@dejazzd.com William L. Adler, Esquire -5- D. L. Forrey & Associates, Inc. IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Perry County V. No. CV-2009-106) No. 868 MDA 2012 Fuel City Truck Stop, Inc. Filed: July 18 2012 ORDER Appellant, defendant below, hied a notice of appeal from the nonjury verdict of April 10, 2012. Appellant did not file post-trial motions. There is no indication that final judgment has been entered below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." To preserve issues for appeal, parties are required to file post-trial motions following a verdict entered after a trial in law or equity. Chalkey v. Roush, 805 A.2d 491 (Pa. 2002); see also Shonberger v. Oswell, 530 A.2d 112 (Pa. Super. 1987) (nonjury verdict, erroneously labeled as a judgment, was premature and void before the filing and denial of post-verdict motions and did not trigger the 30 day appeal period). An appeal lies from entry of judgment subsequent to the trial court's disposition of post-trial motions. Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006). Since appellant failed to file the requisite post-trial motions and failed to preserve issues for appeal, this appeal is hereby DISMISSED. Per Curiam E? ti ?9 ©June 26, 2012 WILLIAM L. ADLER ESQ 4949 DEVONSHIRE ROAD HARRISBURG, PA 17109 Legal Document Processing Phone # 716-635-7717 Fax # 716-635-7726 Re: Writ of Garnishment on Garnishee received-by Manufacturers and Traders Trust Company, Garnishee D L Forrey & Associates, Inc VS Fuel City Truck Stop Inc Case #12-3218 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders as of Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) No. Balance I Acct No. 15004227798715 $144,000.00 If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below. Number- Deposit Box Number If any of the above accounts or safe deposit boxes are designated by a l' that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R,C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Melissa Peters Legal Document Analyst (716) 635-7717 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, Neiv York 14240 William L Adler, Esquire 4949 Devonshire Rd. HaRbWm PA 17109 Phone: 717.6324989 Fax: 717-307-3343 Etmall: BAL®BillAdlerLow.com D L Forrey & Associates, Inc. Plaintiff V. Fuel City Truck Stop, Inc., Defendant : IN THE COURT OF COMMON PLEAS : Cumberland COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 12-3218 Ratan M en..Re et Una INTERROGATORIES TO GARNISHEE, M&T Bank Oocum Rt p o eorC? IMPORTANT NOTICE TO GARNISHEE! SSing 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. The tern "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. Defendant: Fuel City Truck Stop, Inc., Jc/o lasbir Nagra, President, with a registered address of US Rt 11 & 15, Liverpool, PA 17045, or P.O. Box 44, Port Trevorton, PA 17854-55] C. "You" means the main office and all branch officers of M&T Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant(s) any money, were you liable to them on any negotiable or other written instrument, or did he (they) claim that you owed him (them) any money or were liable to them for any reason? Y. _'sr"np i ?-*a-i c' 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature Balances Provided May not Reflect Unpost, Transactions or Legal owned solely Orin Part by the Defendants)? 4J Document Processing F, 3, At the. time you were served with' these,Inteirogatories or at a nYsubsequent'tinae,. did you -hold 'legal title to any property of any nature o%ved solely or in 'art by the Defendant(s) or in which Defendant(s) held or claimed any-iii1erest? ?J 4. At the time.you were served with-Ihese. Interrogatories or at a did ny subsequent.tirn e, t did fe ndant(s}: transfer or deliver .?ypro a to ou or to any subsequent time; did.the Defendant(s) transfer or deliver, y pp nerty IQ.'. ou-or to any person or.?place.pursuant'10 your direction or consent an j". so, whaf...Was the tJc> oon'sidei tiOn: therefor? 5. At:anyr ume`after you.were served avith:these•Intetrogatones slid y` ou ay' . transfer 4.r'deltver ` ' ,p , 3' rgpney or property to die Defifidant(s);:'ta any. Pierson ± t: lace pursuact to l* 06ndant'N' djreV', of otherwise: disdharge any claim oflhe Defendant() rtgntnst yozr7 6; At;the tune: you were'9erVdd wild these Irtfiearogatories or t aity'sub ent tii? did-you have any sad. dqppdsit boxes? pplea qu e, c6fr)lotts; receivalIes : collateral, checlti ' documents of title,; secunties, notes,. hg, savings; tax; or otlYer:ac?oitnts or deposits ? U?1?,idh Defb'ndanf(s? be?s (have) aii interest? ??? ?. Af 1he tiit}e u were sewed. 4hetp hteirtigatones-or ' at;a i use bent fiie, did„you bold f:ocidry a y su ;; as +d fi (?avc} any interests tNt? Prop3' .t ???hicli the Iefenciatit(s).has $. At the tints:: yota were'served with these. Interrogatories or at subse?ucnt time, tltd'yoti hold arty Deasu y Bi11; repwschase AS-em inV ebt:or acid Uther? type df tm[dnE: eotnincial Itf!pe"rin wch`#h.I?efendiintrs?'has (have. any. ?nterest~ OC) 9 At Oc lme..you, were sera,od with these. Interrogatories:.or ut any .subse ent tune; did yop haye_'Pro itY of the. :Dcfendant s .or Qu (=have}' any nferest on d' ?) ; ProPeriY i mi. which hc: (they) has_ otherthar, that. nroberty nd cated tin your?ansswers to the previous Into r contro P,ae. s 10. Haveyou ever ow ' InbneY to Detendaut(g) or heio Defendant y property u,olv?, ,,. .? (s)? if -go. MAW wllen ybu eithei satisfied the debtor Properfiy and in Isp what bianner, for what co3ts(4 eration, acid towo ? e ov the Melissa M. Peters M&T Ban William.L. Adier,.Fsquire ! 494. Devonshire' Road 1•Iarrisburg; PA 17109 Phone: 71:7-652-8989 Fax;-717-307.3-343 Supreme Court ID: 39844, bal@billadlerla%v:coih May 21, 2012 D.L. FORREY & ASSOCIATES, INC., Plaintiff v. FUEL CITY TRUCK STOP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-3218 CIVIL TERM IN RE: DEFENDANT' S PETITION FOR RELEASE OF LEVY PURSUANT TO PA R.C.P. NO. 3119 ORDER OF COURT AND NOW, this 29~' day of August, 2012, upon consideration of Defendant#s Petition for Release of Levy Pursuant to Pa. R.C.P. 3119, and of Respondent's Reply Finck Petition for Release of Levy Pursuant to Pa. RCP Number 3119, a hearing scheduled for Friday, October 26, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberla County Courthouse, Carlisle, Pennsylvania. / William L. Adler, Esq. 4949 Devonshire road Harrisburg, PA 17109 Attorney for Plaintiff Ronald L. Finck, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant BY THE COURT, c y fTl !-~~ ~ry_ ~- "C fV ~~~ ~ ~' "~"1 Christylee .Peck, J. ~Q ~? .,,c .~ N x~ ~, :rc ~iPS ~QrleC~ ~~a9~/z ~~ r D.L. FORREY & ASSOCIATES, INC., Plaintiff v. FUEL CITY TRUCK STOP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-3218 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR RELEASE OF LEVY PURSUANT TO PA R.C.P.NO. 3119 ORDER OF COURT AND NOW, this 26th day of October, 2012, the Plaintiff having been represented by William L. Adler, Esquire, and the Defendant having been represented by Ronald L. Finck, Esquire, and after having heard oral argument from both sides, and pursuant to Defendant's Petition for Release of Levy and Writ of Execution pending the appeal of the substantive matter, it is hereby ordered as follows: 1) defendant may sell any inventory in their possession that they would sell in the normal course of business; 2) defendant is hereby released of the levy upon retail inventory located at 611 North Enola Road, Enola, Pennsylvania, 17025; 3) any sheriff's sale on the real property located at 611 North Enola Road, Enola, Pennsylvania, shall be stayed pending the Petitioner's (Defendant's) appeal of the underlying lawsuit and judgment entered against F>etitioner (Defendant) in the Perry County Court of Common Pleas; 4) any execution to collect monies being held by garnishee, M&T Bank, shall be stayed pending the Petitioner's (Defendant's) appeal of the underlying lawsuit and judgment entered against Petitioner (Defendant) in the Perry County Court of Common Pleas. Plaintiff may petition this Court at the end of the substantive appeal for release of the money being held by garnishee, M&T Bank. By the Court, Christyl L. Peck, J. / William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 For the Plaintiff ,/ Ronald L. Finck, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 For the Defendant pcb r/ ~~ r ~'~ CDp;es ,tna,~l~ed ~r~~~ia f_~1 C ~'' _..; -~3 ~'~' ~ -:~ ; ~ -za ~~ „~ ~ s,r ; "' ~ 2 `~ t G ~ ss ~ -rs Ty c~ 3 -__ c_ ~ C ~ ~ _ ,mss' UC ili i1 0iHONIOTF F01 William L.Adler,Esquire 2013 JUN 26 PPS 3: 09 4949 Devonshire 71 9 CUMBERLAND COUNTY Phone: 717-652-898898 9 Harrisburg,PA PENNSYLVANIA Fax: 717-307-3343 Email: BAL @BillAdierLaw.com D L Forrey& Associates, Inc. Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY,PENNSYLVANIA V. CIVIL ACTION - LAW Fuel City Truck Stop, Inc., Defendant : NO. 12-3218 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment filed to the above number satisfied in full. William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com June 25, 2013 a��s G�-� a3B� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3218 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due D L FORREY& ASSOCIATES,INC. Plaintiff(s) From FUEL CITY TRUCK STOP, INC., US RT 11&15, LIVERPOOL,PA 17045 bc.a+ed a+ .Ilte`�✓oixr J (1) You are directed to levy upon the property of the defendant(s)and to sell l@Vy !-)?°1.0", o� �rtola � , (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession ..3,4a10t. t pp f of X i u skable av�a poet- pev(S11able ktrclncd-t SC. %hC. L �1 buy`(m000,, -tna4 haNie. Picpiaeti'on c\aNes s veak.& 4tayl y s da,y s. GARNISHEE(S) as follows: M&T BANK 1f}l\ EQUipVke►l' t.r• •4%.11. bUi (c�a'lg. Sa.Pe. of vA.d C'aSk veil5ieL- Cor4ert(. 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 DueS144,000.00 L.L. 5.50 Interest FROM MAY 10,2012 @ 523.67/DAY-S1,420.00 Atty's Comm % Due Prothy S2.25 Atty Paid S125:0 Other Costs Plaintiff Paid Date: MAY 22,2012 -/ n � David D. Buell, Prothonotary (Seal) :v: 1 ,i_ e- - Deputy REQUESTING PARTY: Name : WILLIAM L. ADLER, ESQUIRE Address: 4949 DEVONSHIRE ROAD HARRISBURG,PA 17109 Attorney for: PLAINTIFF Telephone: 717-652-8989 Supreme Court ID No. 39844 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Co 'atCarhsie.Pa. This ` day& (Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson L. , ,;. ff Sheri Pt[iJ G E OTHO Tr, ,_ Jody S Smith Chief Deputy ;{ 2013 JUN 27 AM 10: CB Richard W Stewart CUMBERLAND COUNTY Solicitor `-" PENNSYLVANIA D. L. Forrey&Associates Case Number vs. Fuel City Truck Stop, Inc. (et al.) 2012-3218 SHERIFF'S RETURN OF SERVICE 05/25/2012 03:13 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2012 at 1513 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Fuel City Truck Stop, Inc., in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna Egolf, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 06/07/2012 01:00 PM -William Cline, Deputy Sheriff, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Angadbin Singh Nagra, Manager,who accepted as"Adult Person in Charge"for the within named Defendant, to wit: Fuel City Truck Stop, Inc., at 611 N Enola Road, Enola, Cumberland County, Pennsylvania 17025, informed person of contents of same and levied upon personal property as directed. Copy of inventory mailed to attorney Adler 06-11-12. Also on 06-11-12, a copy of writ of execution notice mailed to defendant Fuel City Truck Stop, Inc., at R.R. #3, Box 431, Milhall, PA 17752 and to defendant's attorney, Brian Ulmer, 23 N Derr Drive, Lewisburg, PA 17837 (envelopes provided by attorney Adler). 10/26/2012 ORDER OF COURT And now, this 26th day of October, 2012, the Plaintiff having been represented by William L.Adler, Esquire, and the Defendant having been represented by Ronald L. Finck, Esquire, and after having heard oral argument from both sides, and pursuant to Defendant's Petition for Release of Levy and Writ of Execution pending the appeal of the substantive matter, it is hereby ordered as follows: 1) defendant may sell any inventory in their possession that they would sell in the normal course of business; 2) defendant is hereby released of the levy upon retail inventory located at 611 North Enola Road, Enola, Pennsylvania, 17025; 3) any sheriffs sale on the real property located at 611 North Enola Road, Enola, Pennsylvania, shall be stayed pending the Petitioner's (Defendant's) appeal of the underlying lawsuit and judgment entered against Petitioner(Defendant) in the Perry County Court of Common Pleas; 4) any execution to collect monies being held by garnishee, M&T Bank, shall be stayed pending the Petitioner's (Defendant's) appeal of the underlying lawsuit and judgment entered against Petitioner(Defendant) in the Perry County Court of Common Pleas. Plaintiff may petition this Court at the end of the substantive appeal for release of the money being held by garnishee, M&T Bank. By the Court, Christylee L. Peck, Judge 06/26/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as SATISFIED. Co SHERIFF COST: $3,001.65 SO ANSWERS, 6/2f 9/61 June 26, 2013 , yi7 RONNY R ANDERSON, SHERIFF D.L.'Forrey&Associates Case Number vs. Fuel City Truck Stop, Inc. (et al.) 2012-3218 PERSONAL PROPERTY REQUEST LEDGER DATE CATEGORY MEMO CHK# DEBIT CREDIT • 05/24/2012 Advance Fee Advance Fee 1563 $0.00 $200.00 05/24/2012 Docketing 87093 $18.00 $0.00 05/24/2012 Surcharge 87092 $30.00 $0.00 05/24/2012 Law Library 91995 $0.50 $0.00 05/24/2012 Prothonotary 91995 $2.25 $0.00 05/24/2012 Garnishee 87093 $9.00 $0.00 05/29/2012 Levy M&T Bank 87093 $20.00 $0.00 05/29/2012 Service Mileage M&T Bank 87093 $6.00 $0.00 05/29/2012 Postage 87093 $0.45 $0.00 06/11/2012 Levy 87429 $20.00 $0.00 06/11/2012 Service Mileage 87429 $15.00 $0.00 06/11/2012 Postage 87429 $0.45 $0.00 06/13/2013 Poundage $2,880.00 $0.00 06/26/2013 Advance Fee Additional funds needed to close writ 2684 $0.00 $2,801.65 $3,001.65 $3,001.65 TOTAL BALANCE: $0.00 Printed: 6/26/2013 3:15:06PM ;:.7.;;ountpsw e shsnff,•rc eosc+ b,c Page 1 of 1