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HomeMy WebLinkAbout14-5866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley &Associates, LLC No. 14--56&(a alvitTem 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). ` �" ' C7 j,,c:: PRAECIPE FOR ENTRY OF JUDGMENT To the Prothonotary: Please enter judgment in favor of Plaintiff and against Defendant on the attached certified transcript of the final judgment entered on August 14, 2013 , in the amount of$ 453.25 The judgment was rendered without a jury, no appeal has been filed, and thirty days after the entry of the judgment have passed. Harold Shepley &A ociates, LLC Date: October 1, 2014 By: Daniel J. Bo , Es PA Bar 0. 9 Harold Shepley &Associates, LLC 209 W. Patriot Street Somerset, PA 15501 Telephone: (814)444-0500 Attorney for Plaintiff *31.9S PQ A ��I�Qaq '�o�Fcee,I�l2�l�l. n i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil ` Case Mag. Dist. No: MDJ-09-3-02 Harold Shepley &Associates, LLC MDJ Name: Honorable Vivian Cohick V. Address: 55 Penn Drive Daniel Gerald Poth, Jane Marie Poth Newville, PA 17241 Telephone: 717-776-3187 Harold Shepley&Associates, LLC Docket No: MJ-09302-CV-0000146-2013 209 W Patriot Street Somerset, PA 15501 Case Filed: 7/1/2013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09302-CV-0000146-2013 Harold Shepley&Associates, Daniel Gerald Poth Default Judgment for Plaintiff 08/14/2013 LLC MJ-09302-CV-0000146-2013 Harold Shepley&Associates, Jane Marie Poth Default Judgment for Plaintiff 08/14/2013 LLC Judgment Summary Participant Joint/Several Liability Individual Liability Amount Daniel Gerald Poth $453.25 $0.00 $453.25 Harold Shepley&Associates, LLC $0.00 $0.00 $0.00 Jane Marie Poth $453.25 $0.00 $453.25 Judgment Detail ("Post Judgment) In the matter of Harold Shepley& Associates, LLC vs. Daniel Gerald Poth;Jane Marie Poth on 8/14/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $380.25 $0.00 $380.25 Costs $73.00 $0.00 $73.00 Grand Total: $453.25 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF 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 MAGISTERIAL`DISTRICT"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. '_QjdJ Date Magisterial District Judge:Vivian Cohick certify that this:is a trge,aW corfect copy:o.the record.o.:i e procee Ings contain' g t e judgment. �•,. , Date' Magisferial District Judg ?, { MDJS 315 Page 1 of 2 Printed:08/15/26f3-9-,44:J 3AM ' Harold Shepley&Associates, LLC Docket No.: MJ-09302-CV-0000146-2013 V. Daniel Gerald Poth, Jane Marie Poth r Participant List Plaintiff(s). Harold Shepley&Associates, LLC 209 W Patriot Street Somerset, PA 15501 Defendant(s) Daniel Gerald Poth -"'- : 437 Shippensburg Rd `° © r `� - i Gc_, Jane Marie Poth 437 Shippensburg Rd -0 C-)—1Newville, PA 17241 p c-, y ,; r� N ��' ' DC - YJ f MDJS 315 Page 2 of 2 Printed:08/15/2013 9:44:13AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley & Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the undersigned as counsel of record for Harold Shepley & Associates, LLC, the Plaintiff, in the above-captioned case. Papers may be served at the address set forth below. Daniel J. Boger, Esq. Harold Shepley &Associates, LLC 209 West Patriot Street Somerset, PA 15501 Harold Shepley&Associates, LLC Date: October 1, 2014 By: Daniel J. B r, Es . 209 W. riot Street Somerset, PA 15501 PA Bar ID No. 92961 Telephone: (814) 444-0500 Fax Number: (814)444-0600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley &Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville,PA 17241, Defendant(s). NOTICE OF INTENT TO FILE PRAECIPE FOR DEFAULT JUDGMENT On August 14, 2013, a judgment was entered regarding the complaint filed by the Plaintiff. No response or intention to defend were made known to the magisterial court. Thirty days have passed after the entry of the judgment, no appeal has been taken, and the judgment remains unsatisfied. You are hereby notified that the Plaintiff intends to file a praecipe with the Cumberland County Pennsylvania Prothonotary to record this default judgment ten (10) days after the date of this Notice. Harold Shepley &As ociates, LLC \1 Date: July 31, 2014 By Daniel J. Bc , Esq. PA Bar ID o. 92961 Harold Shepley &Associates, LLC 209 W. Patriot Street Somerset, PA 15501 Telephone: (814)444-0500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley & Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE FOR DEFAULT JUDGMENT Pursuant to Pa.R.C.P. No. 237.1, I certify that written notice of the intention to file this praecipe was mailed to the Defendant and to his or her Attorney of Record, if any, by First-Class United States Mail, Postage Prepaid on July 31, 2014 [date], at least ten (10) days prior to the date of the filing of this praecipe, and a copy of the notice is attached hereto. Harold Shepley &Associates, LLC Date: October 1, 2014 By: Daniel J. Bo , Esq. PA Bar ID No. 92961 Harold Shepley &Associates, LLC 209 W. Patriot Street Somerset, PA 15501 Telephone: (814)444-0500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley&Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania County of Sonwrset I, Daniel J. Boger,Esq., being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant(s)is/are at least eighteen(18)years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. See Defendant'(s)' Military Status Report pursuant to 50 U.S.C. App. § 501 et seq. which was obtained from the Department of Defense Manpower Data Center (https://www.dmdc.osd.mil/appi/scra/). I hereby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge,and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Harold Shepley&Associates,LLC Date: October 1, 2014 By: Daniel J.Boger q. PA Bar IDN 2961 209 West Patriot Street Somerset,PA 1.5501 Phone: (814)444-0500 • Department of Defense Manpower Data Center Results as of:Jun-OS-2014 11:04:34 AM SCRA 3.0 Y� 1. Status Report Pursuant to Savicememben Civil.Relief Act r Last Name: POTH First Name: DANIEL Middle Name: Active Duty Status As Of: Jun-05-2014 On Active Duty On Active Du status Data Active Duty Start Date - Active uty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date _ Left Active Duty within 397 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 397 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty status Data Order Notification Start Date Order Notification End Date Status Samoa Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification toreort for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty. loll 1114 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA .extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: XA826C25Q052F90 ' Department of Defense Manpower Data Center Results as of:Jun-O5-201411:05:22 AM SCRA 3.0 Status Report Pursuant to Servicememb ers Civil Relief Act Last Name: POTH First Name: JANE Middle Name: Active Duty Status As Of: Jun-05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date ._ Active Duty End DateStatus Service Com onent NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 387 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Com hent NA NA - No NA This response reflects where the individual left eclive duty status within 387 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-U to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Com o hent NA NA' - No NA This response reflects whether the Individual or his/her unit has received eaq notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NCAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on,the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: lA83PC859052050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley &Associates, LLC No. 209 West Patriot Street Somerset,PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). CERTIFICATE OF SERVICE OF PRAECIPE FOR ENTRY OF JUDGMENT. The undersigned attorney for Plaintiff, Harold Shepley & Associates, LLC, certifies pursuant to PA. R.C.P. 237 that on October 1, 2014 [date], a copy of this praecipe for entry of judgment was mailed by First-Class United States Mail, Postage Prepaid to each Attorney of Record, if any, for each party who has appeared in this action. This praecipe for entry of judgment was mailed to the following persons at each party's last known address'as follows: Daniel Gerald Poth Jane Marie Poth 437 Shippensburg Rd. 437 Shippensburg Rd. Newville,PA 17241 Newville, PA 17241 Harold Shepley &A s iates, LLC Date: October 1, 2014 By: Daniel J. BVe-rp- sq. PA B ar 96 Harold Shepley &Associates, LLC 209 W. Patriot Street Somerset,PA 15501 Telephone: (814)444-0500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley &Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241, Defendant(s). CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follow: Plaintiff Defendant(s) Harold Shepley&Associates, LLC Daniel Gerald Poth 209 West Patriot Street 437 Shippensburg Rd. Somerset, PA 15501 Newville, PA 17241 Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241 Respectfully submitted, Harold Shepley &As ociates, LLC Date: October 1, 2014 By: ' Daniel J. g , Esq. PA Bar o. 9296 Harold Shepley&Associates, LLC 209 West Patriot Street Somerset, PA 15501 Phone: (814) 444-0500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Harold Shepley &Associates, LLC No. 209 West Patriot Street Somerset, PA 15501, Plaintiff, V. CIVIL DIVISION Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241, Jane Marie Poth 437 Shippensburg Rd. Newville,PA 17241, Defendant(s). NOTICE OF JUDGMENT PURSUANT TO Pa R C P No 236 In accordance with the transcript of the Magisterial District Judge which is attached hereto, notice is given that a judgment in favor of Plaintiff and against Defendant(s), in the sum of 453.25 , which consists of$ 380.25 , as principal, $0.00 as interest, and 73.00 as costs less payments of$ 0.00 , plus interest thereon from the date of that judgment, as provided by law,has been entered. NOW, on this 3� day of 20 JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division By: Deputy V I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is/are: Daniel Gerald Poth 437 Shippensburg Rd. Newville, PA 17241 Jane Marie Poth 437 Shippensburg Rd. Newville, PA 17241 Harold Shepley &Associates, LLC By: Daniel J. Bo sq, PA Bar ID . 92961 Harold Shepley&Associates, LLC 209 W. Patriot Street Somerset, PA 15501 Telephone: (814)444-0500 Attorney for Plaintiff