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
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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
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vs.
DEFENDANT: NAME and ADDRESS
fARCHER & STERLING INC
206 HEMLOCK ROAD
NEW CUMBERLAND, PA 17070
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Docket No.: CV- 0000677 - 04
Date Filed: 11/18/04
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Judgment was entered for:
(Name)
DEFAULT JUDGMENT PLTF
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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.
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, District Justice
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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
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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
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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:
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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
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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
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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;
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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
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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-
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Attome;?o':'Oefendants ""7
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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
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