The URL can be used to link to this page

Home My WebLink About13-3020 5' CENTRAL PA SPINAL HEALTH IN THE COURT OF COMMON PLEAS CHIROPRACTIC, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 7 � � VS. NO. / CIVIL ACTION - LAW -pp JOHN EVERETT, Defendant PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Please enter judgment on the attached Notice of Judgment/Transcript Civil Case in favor of the Plaintiff and against the Defendant in the amount of $5,704.00, plus costs of $280.92, for a combined judgment of $5,984.92, plus continuing costs and interest. PURCELL, KRUG & HALLER By o W. Purcell, Jr., Esquire I. . #29955 719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 jpurcell pkh.com Date: May 23, 2013 �� t COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 Central Pa Spinal Health Chiro, Llc MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road John Everett Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Central Pa Spinal Health Chiro, Lic Docket No: MJ- 09304 -CV- 0000010 -2010 4902 E. Trindle Road Case Filed: 1/8/2010 Mechanicsburg, PA 17050 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000010 -2010 Central Pa Spinal Health Chiro, John Everett Judgment for Plaintiff 03/21/2013 Lic Judgment Summary - - -___ Participant Joint/Several Liability Individual Liability Amount Central Pa Spinal Health Chiro, Llc $0.00 $0.00 $0.00 John Everett $0.00 $5,984.92 $5,984.92 + Judgment Detail ( *Post Judgment) { In the matter of Central Pa Spinal Health Chiro, Llc vs. John Everett on 3/21/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,704.00 $5,704.00 Filing Fees $0.00 $138.00 $138.00 Costs $0.00 $41.50 $41.50 Server Fees $0.00 $101.42 $101.42 Grand Total: $5,984.92 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT - AS OTHERWISE PROVIDED IN THE RULES Of CIVIL PROCEDURE FOR MAGISTERIAL 619TRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0 Fe' 1 � �.1llkt� Date ria istrict ro r -k• certify t this is a true and correct copy of the recor the procee i con imng t e 1u '5 - .10_i3 . Date I istrict Judge MDJS 315 Page 1 of 2 Printed: 05/17/2013 9:44:16AM Central Pa Spinal Health Chiro, Lic Docket No.: MJ- 09304 -CV- 0000010 -2010 V. John Everett Participant List Plaintiff(s) Central Pa Spinal Health Chiro, Llc 4902 E. Trindle Road Mechanicsburg, PA 17050 N p C a "ii Defendant(s) W John Everett - ;� Johnny's Discount FuMiture __ .. __.y ; . -...`` , _ - . - _ _ �> �_., r ; C:y 3440 Derry Street CD, Harrisburg, PA )> o Complainant's Attorney(s) yy,� �, John W. Purcell Jr., Esq. < N Purcell Krug & Haller 1719 N Front St Harrisburg, PA 17102 .�. r MDJS 315 Page 2 of 2 Printed: 05/17/2013 9:44:16AM PROTHON-25 PRAECIPE FOR WRIT OF EXECUTION — (MONEY JUDGEMENTS) P.R.C.P. 3101 TO 3149 Central PA Spinal Health Chiitppractic, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. CV- I3-3020 Civil i . vs Amount due 5,704.00 John Everett Interest Continuing Interest C/0 Johnny's Discount Furniture 3440 Derry Street Atty'sComm. Harrisburg, PA N6) , \ k and Costs 280.92 TO THE PROTHONOTARY OF SAID COURT:ISSUE WRIT OF EXECUTION IN THE ABOVE MANNER, (1)Directed to the Sheriff of Cumb f-�-J Lzu ou'� County,Pennsylvania; (2)against John Everett Defendants(s)and (3)and against Gamishee(s), (4)and index this writ (a)against John Everett Defendants(s)and (b)against Garnishee(s)and as a lis pendens against the real property of the defendant(s)in the name of the Garnishee(s)as follows : (Specifically describe property and note any specific direction to Sheriff)(Furnish 4 copies for real estate levy) All personal property including furniture, appliances, equipment, electronics, computers„ etc. rn,Q T 1-77 (5)Exemption has(not)been waived. >Cz ter_ •• _•-, r4 - May 28 2013 Dated orney or aintiff(s) 3 �• � Print N John W. Purcell, Jr. Q e3bS6o A ess: 1719N. Front St., PA 17102 g�•7's i� y/ Atto rney for: Plaintiff Telephone: 717-234-4178 �ja•�s �Q '� �" � Supreme Court ID No.: 29955 •5 v t„t� � ssrt- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-3020 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due CENTRAL PA SPINAL HEALTH CHIROPRACTIC, LLC, Plaintiff(s) From JOHN EVERETT C/O JOHNNY'S DISCOUNT FURNITURE,3440 DERRY STREET, HARRISBURG,PA 17111 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL PERSONAL PROPERTY INCLUDING FURNITURE,APPLIANCES,EQUIPMENT,ELECTRONICS, COMPUTERS,ETC. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5,704.00 Plaintiff Paid$ Interest CONTINUING INTEREST Attorney's Comm. % Law Library$.50 Attorney Paid$59.75 Due Prothonotary$2.25 Other Costs$ t Date:-,MAY 3'L.2013 r _ David D.Buell,Prothonotary 1 - By: Deputy REQUESTING, PA, RTY: Name :JOHN W. PURCELL,JR.,ESQ. Address: 1719 N. FRONT STREET HARRISBURG,PA 17102 Attorney for:Plaintiff Telephone: 717-234-4178 Supreme Court ID No.29955 Personal Property 13 FACE SHEET r File# Case Number Document Type Bankruptcy Case Number 2013-CV-05114-NT I WRIT OF EXECUTION Received From: Date Received: 6/11/2013 Date Expires: PEOPLE ASSOCIATED WITH THE CASE Primary Defendant(s) Name: JOHN EVERETT C/O JOHNNY'S DISCOUNT FURNITURE DOB: Address: 3440 DERRY STREET HARRISBURG,PA 17111 Primary Plaintiff(s) Name: CENTRAL PA SPINAL HEALTH CHIROPRACTIC LLC DOB: Attorney: JOHN W PURCELL,JR Firm: PURCELL KRUG&HALLER Attorney Phone: 234-4178 Attorney Address: 1719 N FRONT STREET HARRISBURG,PA 17102 PERSONAL PROPERTY INFORMATION Monies Levied: Date of Sale: Date of Levy: -� - District Justice: =M �3 -ri - r COMMENTS to r. —�C 6/12/2013 SENT LEVY OUT WITH DEPUTIES j n M -r 6/14/2013 DEPUTY KARL WENT TO 3440 DERRY STREET q '" r HARRISBURG, THIS IS WHERE JOHN EVERETT WORKS; HOWEVER HE IS NOT THE OWNER OF JOHNNY'S DISCOUNT FURNITURE, ACCORDING TO THE CORPORATION WEBSITE THE OWNER OF THE COMPANY IS RICHARD NEWCOMBER 6/17/13 NOTIFIED ATTYS OFFICE WRIT IN HOLD FILE 1/13/14 RETURNED WRIT TO CUMBERLAND COUNTY PROTHY -NOT FOUND SENT COPY OF FACE SHEET TO DAUPHIN COUNTY PROTHY Cash Accounting Amount Date Added Category ID $200.00 6/12/2013 Deposit Agency 453525 ($82.00) 1/13/2014 Sheriff Costs 467898 ($1.64) 1/13/2014 Poundage 467899 ($10.00) 1/13/2014 State Fee 1467900 ($106.36) 1/13/2014 lRefund to Atty/Pltf 1467901 Total Number of Rows: 5 �� Balance Due: $0.00 CENTRAL PA SPINAL HEALTH : IN THE COURT OF COMMON PLEAS CHIROPRACTIC, LLC : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 13-3020 CIVIL : CIVIL ACTION-LAW `' JOHN EVERETT rn Defendant �, - ) c-3 . . C) MOTION TO COMPEL DISCOVERY AND OBTAIN SANCTONSyw 1. On May 24, 2013, the Plaintiff entered judgment against the Defendant in the amount of$5,704.00. 2. The judgment was never appealed from by the Defendant. 3. The Plaintiff originally attempted to execute on the judgment by levying on assets of the Defendant in Dauphin County, Pennsylvania. However, said levy was unsuccessful. 4. The Plaintiff then noticed the Defendant to appear for a deposition in aid of execution at the office of Plaintiff's counsel on September 26, 2013 at 11:00 a.m. Notice was served on the Defendant by regular mail on or about September 3, 2013. 5. At the time and date of the deposition, the Defendant failed to appear. 6. A copy of the transcript of the proceedings is attached hereto as Exhibit "A". The cost of the reporter was $140.00. 7. The Plaintiff requests that the Court order the Defendant to attend a deposition scheduled by the Plaintiff, pay reasonable counsel fees and costs, and impose whatever sanction the Court deems necessary and just. WHEREFORE, the Plaintiff requests this Honorable Court to: A. Order the Defendant to attend a deposition to be scheduled by the Plaintiff and/or its counsel. B. Award counsel fees and costs in the amount of $640.00 to the Plaintiff. C. Notify the Defendant that should he fail to attend the subsequently noticed deposition, he shall be subject to contempt, which may include his arrest and detention until such time as he appears. Respectfully submitted, PURCELL, KRUG & HALLER BY '1'. u rce ll, Esquire I.D. 29955 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 'ar'uwenwamua'.^r.Sa .... DI ORIGINAL CENTRAL PA SPINAL HEALTH : IN THE COURT OF COMMON PLEAS CHIROPRACTIC, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • V NO. 13-3020 CIVIL : CIVIL ACTION - LAW JOHN EVERETT, DEFENDANT TRANSCRIPT OF PROCEEDINGS DATE: SEPTEMBER 26, 2013 , 11:20 A.M. PLACE: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA APPEARANCES: PURCELL, KRUG & HALLER BY: JOHN W. PURCELL, ESQUIRE FOR - PLAINTIFF DIANE A. SMITH, REPORTER NOTARY PUBLIC \** Hughes, Albright, Foltz & Natale Reporting Service, Inc. 3540 N. Progress Avenue • Suite 207-A • Harrisburg, PA 17110 -r I-1 Z. 1 n.m in . r:I 7 1 7-Sa(1-(11:11 r • 2 1 (Notice of Deposition , three pages , produced and 2 marked Exhibit A. ) 3 MR. PURCELL: This is the time set for the 4 deposition of defendant, John Everett , pursuant to a Notice 5 of Deposition sent to him on September 3rd , 2013 scheduled 6 for today, September 26th , 2013 at 11 a.m. A copy of the 7 Notice of Deposition will be placed in the record. It is 8 now 11: 20, and i have not heard anything from Mr. Everett 9 either by way of written correspondence or a phone call or 10 any electronic communication that he was not attending or 11 could not attend. He has not appeared for the deposition . 12 So i am discharging the court reporter. 13 (whereupon , the proceedings concluded at 11: 20 14 a.m. ) 15 16 17 18 19 20 21 22 23 24 25 7 3 1 I hereby certify that the proceedings and evidence 2 are contained fully and accurately in the notes taken by me 3 on the within proceedings , and that this copy is a correct 4 transcript of the same . 5 6 /- 7 ` 8 AGO, '?� _______ Diane A. Smith , Reporter 9 Notary Public OF PENNSYLVANIA 10 `~ ~~`^`~` ^' Notarial Seal Diane A.Smith,Not3ry Public 11 Susquehanna Twp.,Dauphin County My Commissio Expires Sept 9,2014 Memoe^nmom*xnmArauom�mmma�s 12 13 J 14 15 16 17 18 19 20 ' 21 22 23 24 25 CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: John Everett, Defendant do Johnny's Discount Furniture 3440 Derry Street Harrisburg, PA 17111 Carol A. asich, L gal Assistant to John W. Purcell Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: January 22, 2014 CENTRAL PA SPINAL : IN THE COURT OF COMMON PLEAS OF HEALTH CHIROPRACTIC, : CUMBERLAND COUNTY, PENNSYLVANIA LLC, Plaintiff • v. : CIVIL ACTION—LAW JOHN EVERETT, • Defendant : NO. 13-3020 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND OBTAIN SANCTIONS ORDER OF COURT AND NOW, this 28th day of January, 2014, upon consideration of Plaintiffs Motion To Compel Discovery and Obtain Sanctions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. DEFENDANT is hereby notified that if he does not respond to this Rule, sanctions may be imposed. BY THE COURT, Christ/ee L. Peck, J. John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff -', ert I ,; John Everett ? 330 r- c/o Johnny's Discount Furniture cxnr Nr;' 3440 Derry Street r Harrisburg, PA 17111 v r Defendant, pro Se v N X :rc C-39//Y. 1ES LEC6.) CENTRAL PA SPINAL HEALTH : IN THE COURT OF COMMON PLEAS CHIROPRACTIC, LLC : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 13-3020 CIVIL : CIVIL ACTION-LAW JOHN EVERETT, Defendant : MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff by its attorney, Purcell, Krug & Haller, who avers the following: 1. On January 23, 2014, Plaintiff filed a Motion to Compel Discovery and obtained sanctions. 2. On January 28, 2014, the Court entered an Order of Court issuing a Rule on the Defendant John Everett to show cause why the relief requested should not be granted. 3. The relief requested was an Order to the Defendant to attend the deposition to be scheduled by Plaintiff and its counsel, and to award counsel fees and costs in the amount of $640.00, and to notify the Defendant that should he fail to attend the subsequently notice deposition, he could be subject to further contempt, including arrest and detention. 4. The Rule was returnable 20 days from service. 5. Two months has passed since the filing of the Motion and service of the Rule, and the Plaintiff requests this Honorable Court to make the Rule absolute and to order the relief requested, and in accordance with the proposed Order attached to this Motion, Respectfully submitted, PURCELL, KRUG & HALLER BY W. Purcell, Esquire #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: John Everett, Defendant do Johnny's Discount Furniture 3440 Derry Street Harrisburg, PA 17111 Carol A. Masich, Legal Assistant to John W. Purcell Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 DATE: March 31, 2014 CENTRAL PA SPINAL HEALTH CHIROPRACTIC, LLC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOHN EVERETT, Defendant : NO. 13 -3020 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 8th day of April, 2014, upon consideration of Plaintiff's Motion To Make Rule Absolute, the Court enters the following: 1. The Rule entered on January 28, 2014, is made absolute 2. The Defendant is ordered to attend a deposition to be scheduled at the convenience of Plaintiff and/or its counsel; and 3. The Defendant is hereby notified that should he fail to attend the subsequently noticed deposition, he will be subject to contempt, which may include his arrest and detention. BY THE COURT, . N-1-6L Z' /24 Y Christ lee L. Peck, J. John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff /John Everett c/o Johnny's Discount Furniture 3440 Derry Street Harrisburg, PA 17111 Defendant, pro Se :rc Co ,,es,.� 4-iireti;;X