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Home My WebLink About05-1950 [) 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 Plaintiffs v. DA VID 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, Defendants Cumberland County Judgment Index No. (J 5'"- /C-J\")() Civ:/ ferl PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter the attached Federal Judgment from the United States District Court for the Middle District of Pennsylvania in the amount of Ninety-Eight Thousand Seven Hundred Eighty-Six and 03/100 ($98,786.03) 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 Dated: April 18, 2005 Respectfully submitted, IOTT GREENLEAF KOWSKI & LABAN By: C. Sluzis, Esquire 3829 27 North Front Street P. O. Box 1284 Harrisburg, PA 17108-1284 Voice: 717-234-3282 Fax: 717-233-4264 E-mail: fcs@elliottgreenleaf.com Attorney for Plaintiffs National Casualty Company Scottsdale Insurance Company 2 , Case 1 :04-cv-00476-CCC Document 39 Filed 04/12/2005 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, CIVIL ACTION NO.: 1:04-CV.0476 Plaintiffs (JUDGE CONNER) v. DA vm L. ELLIS AGENCY, me. : 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, Gertified fr7 the 16cord DatG_,. t; 1J2/.-(!1 Mary Eo 0 Andrea, Clerk Per_ OJ;;;; ~ qj Deputy CI~ Defendants JUDGMENT AND NOW, this ~\.y of April 2005. JUDGMENT IS HEREBY ENTERED in the favor of Plaintiffs NATIONAL CASUALTY COMPANY and SCOITSDALE INSURANCE COMPANY and against Defendant DAVID L. ELLIS AGENCY, INC. and against DAVID L. ELLIS in the amount of $98,786.03, together with interest accruing thereon from March 23, 2005. UNITED STATES DISTRICT COURT MiDDLE DISTRICT OF PENNSYLVANIA By; M:~~~Jn~a'" ~ Clerk of Court CERTIFICATE OF SERVICE AND NOW, this 18th day of April, 2005, I, Frank C. Sluzis, 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. postafe pre-paid. David L. Ellis 3350 Third Street Harrisburg, P A 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, PAl 70 11-680 1 3 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.: I:04-CV-0476 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 No. O?- /0')0 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 April 12, 2005, 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 $98,786.03 and in favor of National Casualty Company and Scottsdale Insurance Company. Date il/tIC:7 / Cumberland County Prothonotary r- I hereby certify that the names and addresses ofthe 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 Harrishurg, PA 17110 David L. Ellis Agency, Inc. 3552 Gettysburg Road Suite 203 Camp Hill, PA 17011-6801 / '(t., C. Sl~i" E"q"ire At rney for Plaintiffs , Defendants 2 ~ (\ '~ ~ ". ~ r-,o --- \b J €' -t: 1" (',/1 (r \ ~ \ & \ Y ~. C'J C ", f>~ () en '1 ~ ::::1 c::- j";Cj:::S r~- fT' . ro"', ,> ~) ::-' ij; L::-.1 .-:"".1 r,) co ( ~ ..... IN THE COURT 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. 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 No. 04-5920 No. 05-1950...-- COMMERCE BANK Corporate Headquarters 100 Senate Avenue Camp Hill, P A 17011, Garnishee COMMERCE BANK NEW JERSEY The Atrium 1701 Route 70 East Cherry Hill, NJ 08034, Garnishee PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, (l) directed to the sheriff of Cumberland County: .' .... (2) (3) (a) (b) (a) against David L. Ellis Agency, Inc., Defendant and against David L. Ellis, Defendant; and against Commerce Bank, Garnishee; and (b) against Commerce Bank New Jersey, Garnishee; (4) and enter this writ in the judgment index (a) against David L. Ellis Agency, Inc., Defendant; and (b) against David L. 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 $ Int. from $ 11124/04 3/23/05 (Costs to be $ (Costs to be $ added) added) Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN By: William R. PA19667 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 , ()5 Attorney for Plaintiffs National Casualty Company Scottsdale Insurance Company 3 () ~-~. ('-.J ~:;;;} .;;..1\ -: . . -~",. N "'-;--, r:-? ..,~~ .- - (~) ':;n .-\ _:"-Cl {-11-;:_,: (.~_: ..., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-1590 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CASUAL TY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OIDO CORPORATION Plaintiff(s) From DAVID L. ELLIS AGENCY, INC. AND DAVID L. ELLIS, 3350 THIRD ST., HARRISBURG PA 171tO. (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are 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 IDLL PA 17011 AND COMMERCE BANK OF NEW JERSEY, THE ATRIUM, 1701 ROUTE 70 EAST, CHERRY IDLL NJ 08034GARNISHEE(S) as folJows: KINDLY SERVE INTERROGATORIES. and to notitY 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 ofthe 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 DoritY himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due98,786.03 Interest FROM 3/23/05 L.L. $.50 Atty's Conun % Due Prothy $1.00 Other Costs Atty Paid $38.00 Plaintiff Paid Date: MAY 12, 2005 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name WILLIAM R. BALABAN, ESQ. Address: POBOX 1284 HARRISBURG PA 17108-1284 Attorney for: PLAINTIFF Telephone: (717) 234-3282 Supreme Court lD No. 19667 Dated: /~~ 06 Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN By: /6)1> MrlbHJ /William R. Balaban, Esquire PA19667 27 North Front Street P. O. Box 1284 Harrisburg,PA 17108-1284 Voice: 717-234-3282 Fax: 717-233-4264 E-mail: wrbcmelliottgreenleaf.com Attorney for Plaintiffs National Casualty Company Scottsdale Insurance Company 8 70 ~. JA::. ~ I..,J) 0 CN -\-oJ ~ ~ '" 'ttt- H ~"- ~ \:> <!\ ~ ~ ~ ~ ~. --- . o CJ ~ \ ~ '\' \)::> '-.J0 2.... ~ c, v. 'i? ;;> j -) n ,-., " (.1 :~1 r~~, ~.!~l I'.,.... r< -~I c.) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NA TIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, U.S. DISTRICT COURT Middle District, Pennsylvania CIVIL ACTION NO.: I:04-CV-0476 Plaintiffs v. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, snccessor 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 No.04-5920 _____ No.05-1950 . COMMERCE BANK Corporate Headquarters 100 Senate Avenue Camp Hill, PA 17011, Garnishee COMMERCE BANK NEW JERSEY The Atrium 1701 Route 70 East Cherry Hill, NJ 08034, Garnishee INTERROGATORIES To: Commerce Bank Corporate Headquarters Camp Hill, PA 17011, Garnishee You are requested to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: I. At the time you were served or at any subsequent time did you owe the Defendants any money or were you liable to the Defendants on any negotiable or other written instmment, or did the Defendants claim that you owed the Defendants any money or were liable to the Defendants for any reason? 't\fG 2 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendants? Nu 3 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendants or in which Defendants held or claimed any interest? Nt 4 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendants had an interest? NO 5 5. At any time before or after you were served did the Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? \~D 6 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendants or to any person or place pursuant to the Defendants' direction or otherwise discharge any claim of the Defendants against you? ND Comrneroo Bank Lev)' o..-;pt 1-008-937-0004 f>. SEARCH OF 001'1 RECORDS J INDICATES THE FOLlOWING ___, W)ACO"..l\.!w.8 __ NE:ED ~ ~ , ('~lNOO, __ C~EA" ., , W -,.,.. , ". . . ...~, ~... '1V:;'f,),':i.U(lN,~d: ,'ili'0:I!:i.." .,." ~-913~S 7 Dated: /<1. ~.,\os Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN By: td1 M~kJ IWilliam i. Balaban, Esquire PAI9667 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 ,-, 11 .,-",: '-T' -"', r, ~, c,n, - - SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-01950 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONAL CASUALTY COMPANY ET A 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 so~~ R. Thomas Kline Sheriff of Cumberland this ,)Lf~ day o~ .;Lo--Ilc:' A . D . " l..h" QIM~fh, ~ prht onotary , By ~A fIt- . Deputy Sheriff OS/20/2005 Sworn and subscribed to before me . SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-01950 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONAL CASUALTY COMPANY ET A 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 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 19/T OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 SO?~ ,~~~ R. Thomas Kline Sheriff of Cumberland OS/20/2005 this 2'1'::... day Offv,.t,y ,:J..tWS A.D. ~J1 > Q '1-M J PQ,,-, ~ Pro notary I By I~A Deputy Sheriff Sworn and subscribed to before me .. ". 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., tfa Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, Defendants Cumberland County Judgment Index No. 2005-1950 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: .. ,,' ALL THAT 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. By: Dated: September )../, 2006 Respectfully submitted, ELLIOTT GREENLEAF SIEDZIKOWSKI & BALABAN B(JJ 13~,", William R. Balaban, Esquire 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 Attorneys for Plaintiffs National Casualty Company Scottsdale Insurance Company 2 " ~' ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-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. ~~~ ~~ ~+-- ~ 0, '6 a <;;; L. -(\(" ,-'(""'i (~~' '. ~7 ~.-t' ?i{',- ~\ '"'V'" / -;::.....l..-. 1;-:. (~) Fe: 'Z-. :2 r:? ~ 0" (/1 f'f'\ ~"Cl '" - ~ -.{ -:Q \', . r::: ~oVJ -'O\...(' nc' :~-'f' ('] :Q ::7'.,.;; e/" ~ .9;. -r:;!P . ~ - - r:- .-l F1LE~--~;?~~r1CE National Casualty Company and Scotsdale Insurance Co. OF ?~G ~,~; -~T,,~,~,1~T~,RY VS David L. Ellis Agency Inc. 2~Q9 S~~ ~ t ~~ $~ l+~i Writ of Execution Docket No. 2005-1950 Civil Term CUM c: ;;-:-i~`di..t ~~~.~#'~iY p~P~~a~~`LV.AP~IA 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 ,~ G~~yl d4 ~-~ So Answers: R. Thomas Kline, Sheriff BX- _ ~- Sergeant ~~ ~, ~ 5~ ~ h- 7/F3~ ~,, ~ 3 6 S~~ ~/ SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee NATIONAL CASUALTY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OHIO CORPORATION vs. 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 1/16 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO.05-1950 and COMMERCE BANK, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Commerce Bank, Garnishee in the above - captioned matter. Date: \\ -33\A JON C. 1RL Attome for G ishee SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee NATIONAL CASUALTY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OHIO CORPORATION vs. : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND DAVID L. ELLIS AGENCY, INC, A : NO. 05-1950 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 and COMMERCE BANK, GARNISHEE PRAECIPE TO THE PROTHONOTARY: 3 Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Commerce Bank, under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Commerce Bank. Date: \\ JON C P. IN Atto arnishee SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee NATIONAL CASUALTY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OHIO CORPORATION vs. : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND DAVID L. ELLIS AGENCY, INC, A : NO. 05-1950 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 and COMMERCE BANK, GARNISHEE RULE TO THE PROTHONOTARY: AND NOW, this/ ay of 1 5 ,2014, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Commerce Bank, under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee NATIONAL CASUALTY COMPANY, A WISCONSIN CORPORATION, AND SCOTTSDALE INSURANCE COMPANY, AN OHIO CORPORATION vs. 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 and : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 05-1950 COMMERCE BANK, GARNISHEE. To: William R. Balaban, Esquire 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X PRAECIPE FOR RULE OF NON PROS JUDGMENT BY DEFAULT MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATION JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS