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HomeMy WebLinkAbout04-5920 IN THE COUT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, U.S. DISTRICT COURT Middle District, Pennsylvania CIVIL ACTION NO.: 1:04-CV-0476 Plaintiffs v. DAVID L. ELLIS AGENCY, INC. I a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., tla Ellis & Company of Pennsylvania, Inc., and DAVID L. { ELLIS, a Pennsylvania resident, Defendants Cumberland County Judgment Index (~ No. $'/' <90t0 u;..; PRAECIPE TO ENTER JUDGlVlENT TO THE PROTHONOTARY: Kindly enter the attached Federal Judgment from the United States District Court for the Middle District of Pennsylvania in th~~ amount of Five Hundred Twenty-Four Thousand Twenty-Four and 92/100 ($524,024.92) Dollars against Defendant David L. Ellis Agency, Inc. and against Defendant David L. Ellis and in favor of the Plaintiffs, National Casualty Company and Scottsdale Insurance Company, and index same in the Judgment Index for Cumberland County. Respectfully submitted, ELLIOTT GRlGENLEAF SIEDZIKOWSKI & BALABAN By: /I~ illiam . Balaban, Esquire PA19 7 Michael V. Brown, Esquire PA79984 27 North Front Street P. O. Box 1284 Harrisburg, PA 17108-1284 Voice: 717-234..3282 Fax: 717-233-4264 E-mail: wrb@elliottgreenleaf.com mvb@elliottgreenleaf.com Dated: November 24,2004 Attorneys for Plaintiffs National Casualty Company Scottsdale Insurance Company 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMP ANY, an Ohio corporation, CIVIL ACTION NO.: 1 :04-CV -0476 Plaintiffs (JUDGE CONNER) v. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, Defendants JUDGMENT BY DEFAULT AND NOW, this 23rd Day of November, 2004, JUDGMENT IS HEREBY ENTERED in the favor of Plaintiffs NATIONAL CASUALTY COMPANY and SCOTISDALE INSURANCE COMPANY and against Defendant DA VID L. ELLIS AGENCY, INC. and against DAVID L. ELLIS in the amount of $524,024.92, together with interest accruing thereon from November 23,2004. Certified fli Oat ~ om the record e. d-tA<<.t...-Z Mary E. iY ~, ~~ Pe,_O}d~~ 1 Andrea, Clerk ~~~ - UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA By: ~~}u~~__ Mary E. D'Andrea Clerk of Court .. CERTIFICATE OF SERVICE AND NOW, this 24th day of November 2004, I, Michael V. Brown, Esquire do hereby state that I served a true and correct copy of the foregoing document upon the following individuals in the manner indicated: VIA FIRST CLASS U.S. MAIL. postae:e pre-Itaid. David L. Ellis 3350 Third Street Harrisburg, PA 17110 David L. Ellis Agency, Inc. c/o: David L. Ellis, President 3350 Third Street Harrisburg, P A 17110 David L. Ellis Agency, Inc. 3552 Gettysburg Road Suite 203 Camp Hill, P A 17011-6801 ~4#---- ~.Brown PA7~4 3 ('") N 0 = c; c;.:) ." _r.- --I ~ , & - ~:~ ~ -':1~: I 1l"'!:JI._ 0 rl1-- , r:~: r I ...-;::;: . - -0 \, ~ , i",' 'U ~ ~~d ~.2(:.J -n _L~ ........ ~ 0- ~ \ :z: ('-: -- .:-;-..-(; -:-'".. C) ra. \: "'-l ~ f::~:~ - --I I _',J< .. j '~~ '-.1 :~~ C,) ~q -<.: 0""\ _....~ ~, ~ )J IN THE COUT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CASUAL TY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMP ANY, an Ohio corporation, U.S. DISTRICT COURT Middle District, Pennsylvania CIVIL ACTION NO.: 1 :04-CV..04 76 Plaintiffs v. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, Defendants Cumberland County Judgment Index I No. ~*-S--qr;l..l) C/~'. NOTICE OF ENTRY OF JUDGMENT TO: David L. Ellis Agency, Inc., Defendant David L. Ellis, Defendant Pursuant to the requirements ofPa. R.C.P. 236, you are hereby notified that on November 24, 2004, the following Judgment of the United States District Court for the Middle District of Pennsylvania has been entered and indexed against you in the above- captioned case. Judgment was entered against you in the amount of $524,024.92 and in favor of National Casualty Company and Scottsdale Insurance Company. /t".;2 t,/-tJr' Date /5/ ~,~~ ~"' Prothonotary ~~ I hereby certify that the names and addresses of the proper persons to receive this notice are: David L. Ellis 3350 Third Street Harrisburg, PA 17110 David L. Ellis Agency, Inc. c/o: David L. Ellis, President 3350 Third Street Harrisburg, PA 17110 David L. Ellis Agency, Inc. 3552 Gettysburg Road Suite 203 Camp Hill, PA 17011-6801 Defendants ~ : Brown, Esquire Attome) for Plaintiffs .' J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, U.S. DISTRICT COURT Middle District, Pennsylvania CIVIL ACTION NO.: 1:04-CV-0476 Plain tiffs v. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., tla Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, Defendants Cumberland County Judgment Index No. 04-592()....--' No. 05-1950 COMMERCE BANK Corporate Headquarters 100 Senate Avenue Camp HilI, PA 17011, Garnishee COMMERCE BANK NEW JERSEY The Atrium 1701 Route 70 East Cherry HilI, NJ 08034, Garnishee PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, (1) directed to the sheriff of Cumberland County: .. ,~... (2) (a) (b) against David 1. Ellis Agency, Inc., Defendant and against David 1. Ellis, Defendant; and (3) (a) against Commerce Bank, Garnishee; and (b) against Commerce Bank New Jersey, Garnishee; (4) and enter this writ in the judgment index (a) against David 1. Ellis Agency, Inc., Defendant; and (b) against David 1. Ellis, Defendant; and (c) against Commerce Bank, as Garnishee; and (d) against Commerce Bank New Jersey, as Garnishee, a lis pendens against real property of the defendant in name of garnishee as follows: 2 '- No. 04-5920 No. 05-1950 (5) Amount due $524,024.92 Amount due $98,786.03 Int. from $ lnt. from $ I 1/24/04 3123105 (Costs to be $ (Costs to be $ added) added) Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN By: William PA1966 27 North Front Street P. O. Box 1284 Harrisburg, P A 17108-1284 Voice: 717-234-3282 Fax: 717-233-4264 E-mail: wrb@elIiottgreenleaf.com D'ted, /J.~'o'5 Attorney for Plaintiffs National Casualty Company Scottsdale Insurance Company 3 ;.", N ~,:.-- ,,-t '.- ;}.1 f-. cO ,-~ z:::--, '''" LL C) ------- Dated: !).~ 65 By: Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN J. ~ ~R/Balaban, Esquire PAl9667 27 North Front Street P. O. Box 1284 Harrisburg, PA 17108-1284 Voice: 717-234-3282 Fax: 717-233-4264 E-mail: wrb@elliottgreenleaf.com Attorney for Plaintiffs National Casualty Company Scottsdale Insurance Company 8 c- ,'" c ~ +.\ .....0 U\ ~, () Cl -',", , ."", - .' ~ -", ";---- vI _.~.... ~ D , r.) C1 ';f Vi . '[ J 0 -'\:) f~': >:L ~":::.. c,-, 0l~ ~, ~, ('D<.Y r~- ~ ~' ~ -- I"> :::r '" " - . r_-40 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-5920 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CASUALTY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OffiO CORPORATION Plaintiff(s) From DAVID L. ELLIS AGENCY, INe. AND DAVID L. ELLIS, 3350 TIDRD ST., HARRISBURG PA 17110. (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You ale also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, CORPORATE HEADQUARTERS, 100 SENATE AVE., CAMP HILL PA 17011 AND COMMERCE BANK OF NEW JERSEY, THE ATRIUM, 1701 ROUTE 70 EAST, CHERRY ffiLL NJ 08034GARNISHEE(S) as follows: KINDLY SERVE INTERROGATORIES. 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) Ifproperty 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 $524,024.92 Interest FROM 11/24/04 L.L. $.50 Atty's Comm % Atty Paid $38.00 Plaintiff Paid Date: MAY 12, 2005 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG '{J J4 . By: (). 'fJ- - . u{..14(J~ Deput? REQUESTING PARTY: Name WILLIAM R. BALABAN, ESQ. Address: POBOX 1284 HARRISBURG PA 17108-1284 Attorney for: PLAINTIFF Telephone: (717) 234-3282 Supreme Court ill No. 19667 SHERIFF'S RETURN - GARNISHEE . CASE NO: 2004-05920 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONAL CASUALTY COMPANY VS ELLIS DAVID L AGENCY INC ET AL And now BRIAN BARRICK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:50 Hours, on the 19th day of May , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT ELLIS DAVID L AGENCY INC , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to DEBBIE MILLER (PRESIDENTS ASSISTANT) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 S~~ R. Thomas Kline Sheriff of Cumberland County Deputy Sheriff this ,)<{ ':::;.. day of f~ .)~~ A.D. C Q~ / Pr ~~~tary I~ By k~ OS/20/2005 Sworn and subscribed to before me SHERIFF'S RETURN - GARNISHEE . CASE NO: 2004-05920 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONAL CASUALTY COMPANY VS ELLIS DAVID L AGENCY INC ET AL And now BRIAN BARRICK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:50 Hours, on the 19th day of May , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT ELLIS DAVID L in the hands, possession, or control of the within named Garnishee COMMERC BANK 100 SENATE AVE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to DEBBIE MILLER (PRESIDENTS ASSISTANT) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 s~n~ ~~.(> R. Thomas Kline Sheriff of Cumberland County this ,1'1 f' day :Jues A.D. C J,.}{I' Q. prt~ll!onotary of I'lL "1 By UJ/4 OS/20/2005 Sworn and subscribed to before me lvW?PL<-/1 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs v. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., tta Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, (") c ~ l.lti~J isU ~~:~ - ~ .'.,.4 'o. .' 1; <0:; l__ '7 :::i -< Cumberland County Judgment Index No. 2004-5920 , Defendants PRAECIPE TO RELEASE PROPERTY FROM LIEN OF JUDGMENT TO THE PROTHONOTARY: Kindly release from the lien of the above entitled judgment, the following described property, to wit: ~ 0 ~ -n ~ ~:!J -0 r= ""1J (ro N -0 CJ ()6 =~::!-; Qc'-) (') rn .:::'.1 ?i5 -< ;po. :x r -.l .... ~ ALL THA T CERTAIN lot or piece of land with improvements situate in Cumberland County, Pennsylvania, being more fully described in Exhibit "A" attached hereto and made a part hereof. Plaintiffs above named will not look to the said above mentioned and described premises or any part thereof, for payment of any part of the principal and interest of said above entitled judgment, now or hereafter to become due, or in any way disturb, molest, put to charge or damage, the present or any further owner or owners, occupier or occupiers of the said above mentioned and described premises, or any part or portion thereof, for or by reason of the said judgment, or any matter, cause or thing thence accruing or to arise: Provided, that nothing herein contained shall affect the said judgment or its legal validity, so far as respects to other lands and tenements of the said Defendant and/or the proceeds of the Premises situate in the County aforesaid, which are not herein expressly exonerated therefrom. Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN By: wiTi1lfa1t!::;- PA19667 Michael V. Brown, Esquire PA79984 27 North Front Street P. O. Box 1284 Harrisburg, PA 17108-1284 Voice: 717-234-3282 Fax: 717-233-4264 E-mail: wrb@elliottgreenleaf.com mvb@elliottgreenleaf.com Dated: September k, 2006 Attorneys for Plaintiffs National Casualty Company Scottsdale Insurance Company 2 .. ,. ALL THAT CERTAIN piece or parcel ot land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-ot-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirtyOseven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence along same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot NO.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. BEING PARCEL NO. 13-23-0553-069. ~~~ ~~c:J ~ ........ ~. 0\ ~ Q <;; " --0 6: j';\ C ~.';s '~2'f~. r:::. \. ~~\> ."~ ?' F.":i :L ~ ~ ~ :.--0 fV - ~ ~e -:9~ "d , 0\.0 :-:~ '~'i \_ -i:'"\ ()-.:::"', z- '>h. 0'" .--\ 7" B:- ~ :,.,;.~ - - :;:- -' F1L~C}--'.~F~=v National Casualty Company and Scotsdale Insurance Co. VS 209 SEP I ~ A~ F#~ 4 7 David L. Ellis Agency Inc. Writ of Execution CU~~i~:,;,,, -., ~ ~~`~~~~~, Docket No. 2004-5920 Civil Term PEt~!(~~yL~J~hdIA R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing $18.00 Surcharge 40.00 Garnishee 9.00 Levy 20.00 Mileage 11.10 Prothonotary 1.00 Law Library .50 Poundage 1.01 $100.61 ~ 9/i,lbq ~... So Answers: „J R. Thomas Kline, Sheriff BY C © . ~~.~,~ Sergea t C.t: 1 ' ~ ~ ~-- ,~ cro ~i a 3~ ~~ ~ 3oy4~