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HomeMy WebLinkAbout05-0946 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dis!. No.. 09-1-01 OJ Name: Hon. CHARLES A. CLEMENT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone (717 ) 774-5989 17070 EICHELBERGERS, INC. 107 TEXACO ROAD MECHANICBSURG, PA 17055 ,:" .. THIS!S TO NOTIFY YOU THAT: Judgment: 05 - q '1(, NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ICHELBERGERS, INC. "I 107 TEXACO ROAD MECHANICBSURG, PA 17055 L ~ vs. DEFENDANT: NAME and ADDRESS fARCHER & STERLING INC 206 HEMLOCK ROAD NEW CUMBERLAND, PA 17070 L Docket No.: CV- 0000677 - 04 Date Filed: 11/18/04 "I ~ Judgment was entered for: (Name) DEFAULT JUDGMENT PLTF 1<;1~J.tF.T.'RF.1U~F.IH~. TN'C'. ~ 00 Judgment was entered against: (Name) in the amount of $ ~c4~q qfi on: ARCHER Ii. STERLING TNC (Date of Judgment) 12/17/04 D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 4,854.97 Judgment Costs $ 133.50 Interest on Judgment $ 471.49 Attorney Fees $ .00 Total $ 5,459.96 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHiN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY flUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 MA Y BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,. ~ .~- , District Justice ~Date I certify that this is a true an AN 2 5 Z005 Date My commission expires first Monday of January, 2008 . AOPC 315-03 DATE PRINTED: 12/21/04 , District Justice SEAL 12:46:01 PM / 'If J ~",j' V\;' l' .~ , ~ I~ . - , ~ o-O-.=- ~~- ~J ~ ',.~ r .. c., t -, \,).:J .>- ~ .,...C) ~. c:::" ~~ f./ \"" " ~. .~ ~ \ ro ~ " -\ = -'. \ (~,,- ~ ~~ o.#'~- C .~ ~ "~ ~ \). ~ ......,..".- . CP ~ J=1~ 7<-~ \J' PRAECIPE FOR WRIT OF EXECUTION Caption: EICHELBERGERS, INC. 107 TEXACO ROAD MECHANICSBURG, PA 17050-2626 ( ) Confessed Judgment ( x) Other CIVIL JUDGMENT DJ DOCKET # CV-0000677-04 File No. O'i-Q41i vs. Amount Due Interest $5,459.96 -0- ARCHER & STERLING INC. 206 HEMLOCK ROAD NEW CUMBERLAND, PA 17070 Atty's Comm -0- Costs +34.25 Prothonotary. +150.00 Sheriff TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. . Issue writ of execution in the above matter to the Sheriff of Gu Ir7 iJ..etzla.....cf County, for debt, interest and costs, upon the following des~ribed property of the defendant(s) ~(, tt-n. -Olt./J/CtI '5se-ls Cae /1 115 COrn llfc/ls 'J'2r.J!e.nS f C 5 Or; , a-.-d U1-- L/ei1/(' it'S {--'k,. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of (! i-l m hI! i(. / tt"" d County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) - ~ ,t. r 7 -01,)//16 1l5~c:ls S/.<c' I . , and all other property of the efendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Address: . ..lfrll/?p Jennifer B. Hipp. Esauire One West Main Street . Dat€ 3/3/05 Signature: Print Name: Shiremanstown, FA 17011 Attorney for: Ei.chelberqers, Inc. Telephone: 717-737-8761 Supreme Court [0 No.: #86556 ;h.-#tM"'~ /S-:,;,'/ (over) ~ h/6.;-.J, C. Jk'R, rF. s ~ . r;J \.) -r f '*- ~ c ~ ..r: - V( '{\ ~ : ';-- (r, ~~~ t. ~\ rr~ t' k\ l L.J ~ tJ 'l.J () \i\ \"'\ () =J ;: f?- -cJ ~ '" b ~ o "1'1 I, _..~ "':;'~ ~;:..:,: ....(;' I'> (j:'''!, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-946 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Eichelbergers, Inc., 107 Texaco Rd., Mechanicsburg, PA 17050-2626 Plaintiff (s) From Archer & Sterling, Inc. 206 Hemlock Rd. New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell Company-owned assets such as computers/printers, electronics, office equip. and furniture, vehicles, etc. (2) You are also directed to attach the property ofrhe defendant(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 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5,459.96 L.L.$.50 Interest Atty's Comm % Atty Paid $2.50 Plaintiff Paid $34.25 Due Prothy $1.00 Other Costs Date: March 7, 2005 CURTIS R. LONG (Seal) Prothonotary By: 'K~~ ,e~ ~ 91 Deputy REQUESTING PARTY: Name Jennifer B. Hipp, Esq. Address: One West Main Street Shiremanstown, PA 17011 Attorney for: Eichelbergers, Inc. Telephone: 717-737-8761 Supreme Court ID No. 86556 ,&'h.~r ~:...;:}> i--::-::-:=:'~ n e< i ~~:! ~~,: ',' R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 .80 .50 1.00 20.00 .37 40.67 Sworn and Subscribed to before me ThisaCL day of~ 2005 ASJf~;' ~/fT~ Pro tho tary Advance Costs: Sheriffs Costs: 150.00 40.67 $109.33 Refunded to Atty on 03/2 1105 So Answers; ~~~ineJ~ ~1~qpB~~Qker I ( :b '\j b- ~~W ~OOI 'rd q'" \fd 'AHiiiCU (li.\. ":."iCd, 'J .:l.:l\~3I-lS 3H1 :\0 3::lU.:lO (~ WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Eichelbergers, Inc., 107 Texaco Rd., Mechanicsbnrg, PA NO 05-946 Civil CIVIL ACTION - LAW 17050-2626 Plaintiff (s) From Archer & Sterling, Inc. 206 Hemlock Rd. New Cumberland, PA 17070 (1) You arc directed to levy upon the property of the defendant (s)and to sell Company-owned assets such as computers/printers, electronics, office equip. and furniture, vehicles, etc. (2) You are also directed to attach the property of the defendant(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 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) [fproperty 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$5,459.96 L.L.$.50 Interest Atty's Corom % Atty Paid $2.50 Plaintiff Paid $34.25 Due Prothy $1.00 Other Costs Date: March 7, 2005 (Seal) CURTIS R. LONG Prothonotary By: ~;"'a Y 4/Y. W Deputy REQUESTING PARTY: Name Jennifer B. Hipp, Esq. Address: One West Main Street Shiremanstown, r A 17011 Attorney for: Eichelbergers, Inc. Telephone: 717-737-8761 Supreme Court ID No. 86556 ~{ jJ 4OJ}> I' 4<' "3,,1'1, Jv (1l) I ~ ). # . THOMAS, THOMAS & HAFER, LLP EVAN BLACK, ESQ. Attorney J.D. 17884 STEPHANIE L. HERSPERGER, ESQ. Attorney J.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, P A 171 08 (717)441-7051 Attorneys for Defendants J. Bret Delone, M.D. and Kunkel Surgical Group ALBERT A ROGERS and JAMES ROGERS HUSBAND AND WIFE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS y. NO. 04-0946 J. BRET DELONE, M.D., AND KUNKEL SURGICAL GROUP CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION : WRY TRIAL DEMANDED DEFENDANTS TO: Prothonotary of Cumberland County Please list this matter for the next Argument Court. PRAECIPE TO LIST CASE FOR ARGUMENT 1. Matter to be argued: Plaintiffs' Preliminary Objections to Defendants 1. Bret DeLone, MD. and Kunkel Surgical Group's New Matter 2. Identify counsel who will argue case: (a) For Plaintiff: Leslie M. Fields, Esq. 831 Market Street, P.O. Box 222 Lemoyne, PAl 7043 For Defendants: Stephanie L. Hersperger THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 6. 2005 Date: S k.6 IOj- Afr;;~ --2 }-I/t~~ Attome;?o':'Oefendants ""7 ~ CERTIFICATE OF SERVICE I, Ashleigh E. Anglemeyer, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of PRAECIPE TO LIST PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS' NEW MATTER FOR ARGUMENT upon the following persons via United States mail, first class, postage prepaid, as follows: Leslie M. Fields, Esq. 831 Market Street P.O. Box 222 Lemoyne, P A 17043 Attorneys for Plaintiffs Date: May 26, 2005 (wILWiJ arrg{~ ~ Ashlelgh E. ARglemeyer . l 2 f:' ~, ~- :> () ~ II ~~? itl (~,n ') -"c-' --: '..'~ C,)