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Home My WebLink About02-0654KENNETH E. STARE AND STARERS AUTO SALES, INC., A PENNSYLVANL4 CORPOPATION, PLAINTIFFS 19" Au8ust, 1996: COMPLAINT IN CIVIL ACTION LAW, with copies, filed and place~,in hands of attorney. · -d,~Y~199b_ Rehn'n of Sheriff Filed. 14" October, 1996: DEPENDANTS' PRELIMINARY OBJHCTIONS TO PLAINTIFFS COMPLAINT AND MOTION FOR A MORE SPECIFIC PLEADING, with copies, filed and placed in hands of Attorney. 29" October, 1996: PLAINTIFFtS ANSWE~ TO PRELIMINARY OBJECTIONS, with copies, filed and placed in hands of Attorney. 29" October, 1996= CERTIFICATE OF SERVICE, with copy, filed and placed in hands of Attorney. 7" November, 1996: PPAECIPE TO LIST FONARG~HENT, filed. [s/JosephMacaluso, Esq. 25" November, 1996: AFFIDAVIT, filed. 6" December, 1996: ORDER OF COURT, FOLLOWING ORAL ARGUMENT ON DEFENDANTtS PRELIMINARY OBJECTIONS, filed. BY: William N. Keys, Judse 23" December, 1996= AME~qDMENT TO COMPLAINT, with copies, filed and placed in hands of attorney. 22" Decembera 1997: CERTIFICATE OF SERVICE, with copy, filed and placed in hands of attorney. 24" January, 1997: ANSWER CONTAINING NEW HATTER AND COUNTERCLAIM, with copies, filed and sent to attorney. 14" February, 1997: PRELIMINARY OBJECTIONS .TO NEW MATTER AND COb'NTERCLALMS, with copies, filed and placed in hands of Attorney. 17" February, 1997: NOTICE TO PLEAD, filed. 20" March, 1997: DEFENDANTS~ ANSWER TO PLAINTIFFS~ PRELIMINARy OBJECTIONS, w~th copies, filed and placed in hands of Attorney. 20" March, 1997: PRABCIPH TO LIST FOR ARGUMENT, with copies, filed and placed in hands of Attorney. /s/ Jeffrey S. Evans, Esquire 20" March, 1997: LISTED FOE HAY 1997 ARGUMENT. 21" Hatch, 1997: CERTIFICATE OF SERVICE, with copy, filed and placed in hands of Attorney. 24' April, 1997: CERTIFICATE OF SERVICE, with copy, filed and placed in hands of attorney. 1" May, 1997: ORDER OF COURT WITH RESPECT TO PRELIMINARY OBJECTIONS FILED BY PLAINTIFFS, filed. BY: William H. Keys, JudEe 9" May, 1997: AMENDHI~T TO ANSWER CONTAINING NE~HATTER AND COUNTERCLAIMS, with copies, filed and sent to Attorney.. ............................... CLLiZ ............ 13" May, 1997: AFFIDAVIT OF SERVICE, filed. 3" June, 1997: REPLY TO NE~HATTER AND COUNTERCLAIMS, with copies, filed and placed in hands of attorney. 30" March~ 1998: PETITION FOR R~LE TO SHOW CAUSE WHY AN ORDER GRANTING REPOSSESSION SHOULD NOT BE ENTERED PURSUANT TO 69 P.S. SECTION 623, with copies, filed and Bent upstairs. 1" April, 1998: ORDER HATED APRIL 1, 1998 FOR PETITION FOR RULE TO SNOW CAUSE WHY AN ORDER GRANTING REPOSSESSION SHOULD NOT BE ENT~ PURSUANT TO 69 P.S. SECTION 623, with copies, filed and placed in hands of Attorney. BY: William N. Keys, JudBe 9" April, 1998: CERTIFICATE OF SERVICE, with copy, filed and placed in hands of Attorney. 6" May, 1998: KENNETH E. STAKE AND STARE'S AHTO SALES INC.~S MOTION TO MAKE THE RULE TO SNOW CAUSE ABSOLUTE, with copies filed and sent upstairs. HOTION FOR LEAVE TO FILE ANSWER AND FOR ARGUHENT, w~th copies, filed and sent upstairs. ORDER OF COURT MAKING RULE ABSOLUTE AND GRANTING PETITION, with copies, filed and sent to Atiorney. BY: John N. Walker, President JudEe ORDER OF COURT ISSUING RULE, with copies, filed and sent to attorney. BY: John R. Walker, President Judse CERTIFICATE OF SERVICE, with copy, filed and placed in hands of the attorney. ORDER OF COURT RESCINDING THE ORDER DATED HAY 8, 1998, with copies, filed and sent to attorney. BY: John N. Walker, President JudBe KENNETH E. STARE AND STARERS AUTO SALES, INC.~S ANSWER TO MOTION FOR LEAVE TO FILE ANSWER AND FOR ARGUMENT, with copies, filed and placed in hands of the attorney. KENNETH E. STAKE AND STANE~S AUTO SALES, INC.~S ANSWER TO MOTION TO STAY ENFORCEMENT OF ORDER, with copies, filed and placed in hands of the attorney. 8" Nay, 1998: Il" May, 1998: 12" Nay, 1998: 15" May', 1998: 22" Nay, 1998: 28" Nay, 1998: 28" May, 1998: State (Pd. 5.50 County by 35.00 Disc. Atty.) 5.00 ATTORNEY FOR PLAINTIFF: Joseph Macaluso, Esq. COMMONWEALTH OF PENNSYLVANIA, t SS. COUNTY OF FRANKLIN I, Linda L. Beard, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein ........................... .K.e..n.~e.t.b. ~.... ~.tAk~. ~.~. ~.t.~l$~ :.s..~.t.o.. $~q~. IAq · ,. A .]~P~qy~yA~$a Corp. Plaintiff, and .. GA~¥. $....~0gg~. ap.d, .L~t~$~. Z,. M4~0~. ~f~d~:~.. Defendant, so full and entire as the same remains of record before the said Court, as No..A, D.... 199.~-:339 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this Prothonotary I, .... Jo~hn. K...WaJ.k~r ....................... President Judge of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do certify that Linda L. Beard, Prothonotary, by whom the annexed record, certificate and attestation were made and given, and who, in her own proper handwriting, thereunto subscribed her name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and :t~gehs~att~ob: agri:~' d~:e~:l~o? l°a?:nCdf JmUad idCea~eaSperlo~'~eWrho~le~~~Zind C OM M 0 C~Ho: FF:AE~:::NLVANIA' }SS.' .... / :' : ~ident Judg~L~ I, Linda L. Beard, Prothonotary of the Coart of Common Pleas of the 39th Judicial District, Franklin County Branch, do hereby certify that the Honorable .J.o.h.n...R.....W.a.l.k.e..r..P.r.e..s.i.d.e..n.t..J.u..d~g.e. ......... bywhom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of making thereof and still is President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY V~EREOF, I have hereunto set my hand and affixed the seal of said Court, this ....1.6.t.h. ..... day of..J?.n.u..a.r.y. ........ AlD.~2.002 Prothonotary ~mon~ the ~ecor~ unh ~]roceehL~ enrolled in the Court of Common Pleas in and for the County of Franklin in the Commonwealth of Pennsylvania, to No.. A.D ..... , 199.6-.33.9. .............. , is contained the following: COPY OF .......... Appearance ................. DOCKET ENTRY Kenneth E. Stake, and Stake's Auto Sales, Inc., a Pennsylvania Corporation, PLAINTIFFS Gary S. Boggs and Laurie F. Mason, DEFENDANTS (SEE ATTACHED COPIES) SVl~)¥ai ltI~I,/ ~{0 S¥12)¥zl Illll3~ lfilOl{zl ,Lb~JtI~l.t, ll bg'96Lb~ IO/ZZ/OI 9661 uol3~2od~oD ~sal~S o2n¥ 'G'V 6~ au~ut~pnf ~ ~aS '~ qa~uua~ ~YSS10 1996-20339 Reference No..: AD 1996-339 ~a~e Type ..... : COMPLAINT uaqmenE., ..... 00 ~ud~e A~szgned: uisposed Desc.: ............ Case Comments ............. Franklin Cou~t~ P~dth~)notary's Office ~ivil ~ase ±nqulry KENNETH E STAKE ET AL (rs) GARY S BOGGS ET AL Filed ........ : Time ......... : ExecutiQn~Date ~ury Tr%a~.~... UlSDOSeq wane. ~%gDer ~r~ Mlgner ~rn z.: Page 1 /19/1996 3'23 0/00/0600 o/oo/oooo General Index Attorney Info STAKE KENNETH E PLAINTIFF MACALUSO JOSEPH A PLAINTIFF DEFENDANT DEFENDANT MACALUSO JOSEPH A 1205 KNOB HILL DRIVE FAYETTEVILLE PA 17222 STAKES AUTO SALES INC 1205 KNOB HILL DRIVE FAYETTEVILLE PA 17222 BOGGS GARY S 21 CHERRY GROVE RD SHIPPENSBURG PA 17257 3540 GREGWAY DRIVE CHAMBERSBURG PA 17201 MASON LAURIE F 21 CHERRY GROVE RD SHIPPENSBURG PA 17257 3540 GREGWAY DRIVE CHAMBERSBURG PA 17201 BOGGS LAURIE F 21 CHERRY GROVE RD SHIPPENSBURG PA 17257 DEFENDANT Judgment Index STAKE KENNETH E STAKES AUTO SALES INC BOGGS GARY S MASON LAURIE F BOGGS GARY S MASON LAURIE F BOGGS LAURIE F 4 4 10 10 4 4 4 Amount 000 00 000 00 322 70 322 70 796 64 796 64 796 64 Date 5Z19Z2ooo 5Z19Z2o00 5Z19Z2ooo 5Z19Z2ooo lOZ22Z2OOl lO~22Z2OOl lO/22/2OOl Desc ARBITRATION AWARD ARBITRATION AWARD ARBITRATION AWARD ARBITRATION AWARD JUDGMENT JUDGMENT JUDGMENT ******************************************************************************** * Date Entries * ............. FIRST ENTRY .............. 7/29/ 999 COMPLAINT IN CIVIL ACTION FILED. BOOK AD 1996-339. 7/29/1999 PRAECIPE TO LIST CASE FOR TRIAL FOR NOVEMBER 1999 WITH COPIES FILED PLACED ON NOVEMBER TRIAL CASE 1999 TERM. FAILURE TO ANSWER PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS FILED AND SENT UPSTAIRS. 10/20/1999 ORDER OF COURT DATED OCTOBER 19 1999 TO ISSUE RULE UPON DEFENDANTS UPON CONSIDERATION OF THE PLAINTIFFS' MOTION TO COMPEL FILED. BY RICHARD J WALSH JUDGE. 12/02/1999 ARBITRATION PRAECIPE FILED AND SENT UPSTAIRS. 1/o3/2ooo PATRICK J REDDING ESQUIRE AND TYRONE G JOHNSON ESQUIRE TO HEAR TESTIMONY ON MAY 12 2000 AT 9:30 AM WITH COPIES FILED AND COPY TO JOSEPH A MACALUCO ESQUIRE ATTORNEY FOR PLAINTIFF AND COPY TO PYS510 Frankl~D CQu~fy P~cthQnotary's Office · ulvz± uase ±nquzry 1996-20339 KENNETH E STAKE ET AL (rs) GARY S BOGGS ET AL Reference No..: AD 1996-339 Filed ........ : Case TvDe ..... : COMPLAINT Time.., ...... : qu~gme~.,...~ .00 ExecutlQn, Date ~umge A~slgnem: ~ury Trlai.~.. ~lsposed Desc.: ~isDosed Dane. ............ Case Comments ............. ~$gDer ~r~ ~.: ~l~ner urn z.: JEFFREY S EVANS ESQUIRE ATTORNEY FOR DEFENDANTS. 5/19/2000 5/19/2000 6/14/2000 7/14/2000 8/09/2000 8/09/2000 11/01/2000 2/01/2001 2/09/2001 2/12/2001 2/16/2001 3/02/2001 3/05/2001 3/05/2001 3/05/2001 3/19/2001 3/21/2001 3/26/2001 4/23/2001 4/23/2001 4/26/2001 Page 2 8/19/1996 3'23 0/00/0600 o/oo/oooo VS. GARY S. BOGGS AND LAURIE F. MASON_ (NOW BOGGS), O. . . - 339, FINDING FOR PLAINTIFF. STAKE AUTO SALES. INC., IN THE A~_O_UN~ OF $10.322.70, WITHOUT ATTORNEYS FEES OR INTEREST; AND FINDF RTO HE DEFENDANTS ON COUNTERCLAIM II IN THE AMOUNT OF $4.000.00,SE T T A-~D- N~O~ THE PLAINTIFFS ON ALL OTHER COUNTS. WITH COPIES_ FILED AND S O JOSEPH A. MACALUSO, ESQ. AND JEFFREY S. EVANS, ESQ. .................... PRAECIPE TO LIST FOR SEPTEMBER 2000 TRIAL COURT. PLACED ON LIST FOR SEPTEMBER 2000 TRIAL COURT. PRAECIPE TO REMOVE CASE FROM THE SEPTEMBER 2000 TRIAL LIST AND PLACE THE CASE ON THE NOVEMBER 2000 TRIAL LIST FILED. PLACED CASE ON NOVEMBER 2000 TRIAL LIST. ......................... THE PLAINTIFFS $4,796.64 FILED. BY: JOHN R WALKER, PRESIDENT JUDGE NOTICE OF APPEAL, ORDER FOR TRANSCRIPT AND PROOF OF SERVICE, WITH COPIES, FILED AND SENT TO SUPERIOR COURT AND PLACED IN HANDS OF ATTORNEY. ORDER OF COURT DATED FEBRUARY 12 2001 STATING STATEMENT OF MATTERS COMPLAINT OF SHALL BE FILED WITHIN FOURTEEN DAYS FROM THIS DATE AND COPY OF STATEMENT AND BRIEF SUBMITTED TO JUDGE WITHIN SAME FOURTEEN DAYS FILED. BY: JOHN R WLAKER JUDGE. APPEAL DOCKET SHEET FILED. DOCKET NUMBER 290 MDA 2001 FOR SUPERIOR COURT OF PA. NOTICE OF CROSS APPEAL TO SUPERIOR COURT WTIH COPY FILED AND SENT TO SUPERIOR COURT. STATEMENT OF MATTERS COMPLAINED OF PURSUANT TO PA RCP 1925(B) FILED. 1925 (A) OPINION FILED. BY JOHN R WALKER PJ. ORDER OF COURT DIRECTING DEFENDANTS TO FILE A CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL STATEMENT OF MATTERS SHOULD BE FILED WITHIN FOURTEEN DAYS OF THIS ORDER FILED. BY JOHN R WALKER PJ. APPEAL DOCKET SHEET FILED. DOCKET NUMBER 445 MDA 2001 FROM SUPERIOR COURT OF PENNSYLVANIA. ......................... JOHN R WALKER, PRESIDENT JUDGE R WALKER, PRESIDENT JUDGE ORDER FROM THE SUPERIOR COURT OF PA THAT THE APPEALS AT NOS 290 AND 445 MDA 2001 ARE HEREBY QUASHED FILED. ................................................................... ~YS510 Franklin Cou~t~ P~thonotary's Office Page 3 ~ivml ~ase ±nquiry 1996-20339 KENNETH E STAKE ET AL (rs) GARY S BOGGS ET AL Reference No..: AD 1996-339 Filed ........ : 8/19/1996 Case T%roe ..... : COMPLAINT Time ......... : 3-23 ~u~gme~.,...~ .00 ExecutiQn~Date 0/00/0600 ~uage ~s~gnea: ~ury Tr%a±.~.. Dzspose~ ~esc~: _ . ~isDosed Dase. 0/00/0000 ............ ~ase ~ommenEs ............. ~$gDer ~r~ ~l~ner ~rE z.: 5/09/2001 TRANSCRIPT OF PROCEEDINGS OF NONJURY TRIAL FILED. 10/22/2001 PR_AECIPE FOR ENTRY OF JTJDG~ENT AGAINST THE DEFENDANTS IN THE AMOLrNT OF 4,796.64 F LED. .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Be Bal P ts/Ad' End Bal * JUDGMENT/PRAE 9.00 9 ARBIT PRAECIPE 15.00 15 SUBPOENA 2.00 2 APPEAL ARB AWAR 685.00 685 SUBPOENA 2.00 2 APPEAL STATE 40.00 40 COPIER COST 12.00 12 APPEAL STATE 40.00 40 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 ........8os7 oo ........... 8os7oo ........... * End of Case Information * c_- z IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Kenneth E. Stake, and Stake's Auto Sales, Inc., a Pennsylvania Corporation, Plaintiffs Gary S. Boggs and Laurie F. Mason, Defendants Civil Action - Law To: Curtis Long, Cumberland County Prothonotary - ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) To: Thomas Kline, Cumberland County Sheriff, Cumberland County, Penna.; (2) against defendants Gary S. Bogg$ and Laurie F. Mason (now known as Laurie F. Boggs) Address of defendant (s): 21 Cherry Grove Road, Shippensburg, PA 17257 (3) and against ,Gamishee (s); Address of Gamishee (s) .., (4) and index this writ (a) against Gary S. Boggs and Laude F. Mason (now known as Laude F. Boggs), defendants; and The Sheriff is directed to levy upon the property of the defendant (s) and to sell his, her (or their) interest therein. (Specifically describe property - Real and/or Personal): Any and all personal property of defendants Gary S. Boggs and Laurie F. Mason (now known as Laurie F. Bogga), located at 21 Cherry Grove Road, Shippensburg, PA 17257 as a lis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) (b) against , Garnishee (s). (5) $4,796.64 V/ ~; 178.76 Judgment Amount due Interest at 12.5 % from October 22, 2001 to date ($1.64 per diem) Total Dated: February 7, 2002 $4,975.40 Plus costs Idabalbso ourt I.D. No. 38262 r Plaintiff P.O. Box 83 Orrstown, PA 17244 (717) 532-4832 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is retumed SATISFIED. Sheriff's Costs: Docketing $ 18.00 Poundage q~: ~$ Advertising Law Library .50 Prothonotary 1.00 Mileage 13.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee Pd by Defendant Sworn and Subscribed to before me this Z2_~_ day of 2002 A.D. p--''not--~th~ ary R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMO~EAL~ OF PENNSYLVANIA) NO 02-654 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due KENNETH E. STAKE, AND STAKE'S AUTO SALES, INC.PLANTIFF(S) From GARY S BOGGS AND LAURIE F. MASON (N/K/A LAURIE F. BOGGS) 21 CHERRY GROVE ROAD, SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant(s) and to sell ANY AND ALL PERSONAL PROPERT'~ OF ABOVE-NAIVIED DEFENDANTS AT ABOVE ADDRESS.. (2) You are also directed to attach the property of the defandant(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/are 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 4,796.64 L.L. Interest 10/22/01 ~ 12.5% ($1.64/DAY) $178.76 Due Prothy Atty's Comm % Other Costs Atty Paid $837.50 Plaintiff Paid - ' Date: february 7, 2002 REQUESTING PARTY: Name JOSEPH A MACALUSO ESQ Address: P O BOX 83 ORRSTOWN PA 17244 Attorney for: PLAINTIFF Telephone: (717) 532-4832 Supreme Court ID No. 3286 $.50 $1.00 CURTIS R. LONG Prothqlaotary, Civil Division DISTRIBUTION ATTORNEY Joseph A. Macaluso, Esq. WRIT NO. 2002-654 Civil Kenneth. Stake and Stakes Auto Sales, Inc. vs Gary S. Boggs and Laurie F. Mason, K/N/A Laurie F. Boggs Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 4796.64 276.56 837.50 $ 5910.70 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy 18.00 96.53 .50 1.00 13.80 30.00 20.00 $ 179.83 Defendant Pd to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 5910.70 150.00 1.50 $ 6090.53 150.00 $ 6240.53 So Answer. s: _ R. Thomas Kline, Sheriff