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HomeMy WebLinkAbout05-3651 Gates, Halbruner & Hatch, P.C, Clifton R. Guise, Esq, Arty ID No.: 93537 Attorney for the Plaintiff 1013 Mumma Road Suite 100 Lemoyne, P A 17043 (717) 731-9600 (717) 731-9627 (fax) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN W, REINHARDT, Plaintiff, vs, CIVIL ACTION - LAW JAMES H. ALLISON, JOANNE p, ALLISON, JOHN S, SELLERS, SANDRA A. SELLERS, NO, 05- 3~J ~ .J.P-lVM Defendants, PRAECIPE FOR ENTRY OF APPEARANCE, TRANSFER OF JUDGMENT, ASSESSMENT OF DAMAGES, AND VERIFICATIONS OF ADDRESS, VALIDITY AND NON-MILITARY SERVICE To the Prothonotary: Please enter my appearance for the plaintiff in the above matter; enter judgments in favor of plaintiff against defendants on the duly authorized copy of the judgment contained in the docket entries hereto attached, entered in the jurisdiction noted therein, and assess damages as follows: As of July 5, 2005 the amount due was: Principal due and unpaid: Interest at 6% per annum: Attorney's Fees: TOTAL Plus Costs $ 80,349.27./ $ 20,554.48 $ 3.821.63 $104,725,38 Interest shall continue to run at the stated rate, Interest above has been computed only through July 5,2005, Attorney's fees will continue to accrue. Pursuant to the penalties ofl8 Pa.C,S, Section 4904 relating to unsworn falsification, I verifY that: (1) the precise last known addresses of the plaintiff and defendants are as follows: (i) John Reinhardt, 38 Windsor Way, Annville, PA 17003-8640, (ii) James H. and JoAnne p, Allison, 1106 Loop Drive, Harrisburg, PA 17112 and (iii) John S, and Sandra A, Sellers, 15 W. Main Street, Shiremanstown, PA 17011; (2) said judgment was entered in the said jurisdiction in said amount with cost and interest due as noted, no part of which has been paid and that are valid, enforceable, and unsatisfied; (3) and defendants are over 18 years of age and not in the military service of the United States or its allies or otherwise within coverage of the Soldiers and Sailors Relief Act of 1940, as amended, and have civilian occupations, " Judgement so entered and damages assessed as above,t f 1 l ~ A(\ ~ tl ()"<S" b ~ ..t. ,... ~ () "t:, ~ ~ \ ~ t r--) C) (""1 ~~; -n c: ..:..n ~. (- c:: r""-' 'i-. ~::-;~ -< ::;:1"" l-nf~ ,!rti -'-"1'"/ \..D ::..::~() ""':ij ('") -.'fn ) Cf? ~I__:\ "D ~ ::::": ....,;,,, 0.) 'fU,tJ'S. 3l..&'1 3Jn '([be l!Court of l!Common ~leal1 of 11Baupbtn l!Countp, ~enn~pllJanta James H Allison, JoAnn Allison, James S Sellers, Sandra A Sellers, Walter Glowacki" Leonore Glowacki No, 1996-CV-3848-CV John W Reinhart VS, CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case, I further certifY that judgment was entered in favor of Plaintiff: John W, Reinhardt and against Defendants: James H. Allison, Joann Allison jointly and severally and against John S. Sellers & Sandra A. Sellers, jointly and severally on August 14, 2001 in said case in the amount of$80,349.27 31n tlre6timon!, WbeTtof, I have hereunto se 'Jl1 ha and affix~the Ial~the ~ourt, on Wednesday, July 13,2005, C-. l tJOA.Mta) ., Prothonotary n. , . ('() By: ~~ ~~ Deputy JUDGMENT $80,349.27 Sheriffs Costs $117.00 Attorney Due $3.00 Plaintiff Paid $81.50 Defendant Paid $95.00 Prothy. Due $8,75 This record $17.50 >^.-, - ---,--~'-"".'~~~ JUL 1 32005 I hereby C8ftjfy lhat the for!lio/ng is a ..., ... ""'" 1..Y.f h .trlflII..., at flied, . ~~.~ Prothonotary COURT OF COMMON PLEAS DAUPHIN COUNTY CIVIL ACTION SUITS 1996 Pn",," "', ''!R L;",..u- h"" "'1 F.~I"I~ <"Pd,OO (.o"IZ..- NO ,",Q ~~A LO/'>/ 96-$ ~"l ,1.1 Entry By Summons. 1 ) ~ Complain! 1....-1 Da!e of Entry / )/. J. /4 /~tjc. . Petition ( ) iJ Appeal ( ) Writ Qf Execution Issued: Custody 1 ) . Trespass 1 ) Appearance For: / A ~ Assumpsit ( ) ?la-111lm: / \. ;?/ .Jh._.o'- {j,.,~. Visitation ( , I f -~ Divorce ( ) Defendant: Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( , JOHN W. REINHARDT Quiet Title ( ) Appt. of Viewers ( ) VB, Replevin 1 , Declaration of Taking 1 ) JAMES H, ALLISON FQfm'll Pauperis ( ) JOANN ALLISON, his wife Mental Health 1 ) JOHN S, SELLERS, Protective Order ( ) SANDRA A. SELLERS, HIS WIFE AND District Magistrate ( ) WALTER GLOWACKI LEONORE GLOWACKI, his wife ~i;!2~~; ";;;;;7- ". ~I"~"'~ ~('+. )tJJqq(... Comolaint of Defendants James H. Allison. Jo;mn A11i!':nn l-I1Cl Wife, and 'John S. Sellers and Sandra A. Sellers. His Wife. A~ainst C & M Mechanical Contractors, Inc. Filed. 'i' 11_ 'if~S'rvlceo,~omplaonm,.,.-tua.ll2t.~. ,t;.. ~y~~ -~~, ~~~~~'::'('~ b, O~~::,:~ S~~;~n'w.... J, R. Lotwick, Sh.nff, Paid $ //7. " , <;'__1"1 19..!LStf'ieE!CamlllaJl1tuPonl"\~';'l'nrl:\n1IJQ _L_,~ J./. aC?;,~'-. ~~/)M'" ~ So AfI&,,\/tT'd, J B. I ntwir.k gtJerltt. t7 , , PAid S . '_ ~ fJl,' /.Ia(/~' ",,1.. ~~ tJ,~ ,- ~~l~.rv~,?o~~::;"I""d' ~ " Upoll "PI< B.. ,H.'. ~ o .-i _J:!l';l ~o Answer&. SPerlff, Paid $ , r Atnmlnt Amount Filing Fee Atty_ AppearM\Ce Sheriffs CostS j' a Adm. Fee Divorce Di~continuance Adm. Fee Cu.stody App'l. of Master Cash Bond Rule of Reference Escrow Funds 3848 /~- 3V4S' <., q(- &-f.. 'S" ~ ' ' ~ -f~i1~.~~~tf::~~5f~?'!::t ,;:,~;t!:L1t{{t:r ~(l /116, /d, 1'1'1(,- d"{;", ~k/j' d,/,,-=',6';.., "'.;::" ~.!f~}jrb~ a>cJ #.-nJI2 19~h a.:f.J:oo """. .f7iPd. , /..1 Dee 4, 19~6~Petition for 8 rule to show cause why the case should not be stricken off arQ:\jment list. pendinj? Glowacki's df';po!'litirm Imn pl,<lintiff gt'!'IntPcl _A<lriitinnAl time to file a brief in opDo~ition to thp- prp11minAry objp~tion!'l fiTpn' ~ecember 10, 1996 - It is hereby ORDERED And DECREED THAT Plaintiff's Petition For A Rule To Show Cause Why The Case Should Not be Stricken Off Argument List, Pending Glowacki's Deposition, and Plaintiff Granted Additional time To File A Brief in oppposition to the Preliminary Objections is DENIED, as the petition is inapplicable to the status of the case. ISI Lawrence F. Clark, Jr., Judge. See Order filed. ,z December 17, 1 96 - U on Motion of counse for Plaintiff, Walter Glowacki, is ordered to appear for depositions in accordance with the Notice of Deposition on December 18, 1996 at 4:00 P.M. and an enlargement of time is hereby granted Plaintiff to brief Preliminary Objections filed by said Defendnat until ten(lO) days after the completion of taking of said depositions. !S! Joseph H. Kleinfelter, Judge. See Order filed. j d~> ''?'?7-~ A",tf""'~ (J4tLf'~"'.-J:f!uL.. R.p., 7 l<)q7 ("'~p ~'g"p.d f\\,t'~'r,e mtsi~aI;lRefllxtil'. February 24, 1997- After oral argument on the matter, the Preliminary Objections filed on behalf of Defendants, Walter and Leonore Glowacki are denied in part and ~!anted in par~ as follows. The objection challenging the jurisdiction of this Court is denied. Pursuant to Fa.R.C.P. 1006, an action against an individual may be brought in the county where the transaction or occurrence took place out of -'l. which the cause of action arose. The Notes at issue in the current dispute were provided as secured collateral on a loan to purchase C & M Mechanical, Inc. The terms of the loan and contract to purchase were contained in an Agreement which was drafted and signed by the Defendants in Dauphin County, thereby conferring juris- diction on this Court. Likewise, the preliminat:y objection with regard to transfer of venue is denied. We will not upset Plaintiff's choice of forum. since Defendants failed to meet their burden of proof bv establishin~ that this forum is oppressive or vexatious and out of proport'ion wi.th P.laintiff's convenience. McCroy. v. Abraham, 441 Pa. Super. 258, 657 A.2d 499 (1995). Finally, the preliminary objection to paragraph 6 of the Complaint is granted, to the extent that Plaintiff must file an Amended Complaint to include a copy of the Subscription Agreement referenced therein within twenty (20) days of the date of this Order. Is! Lawrence f. Clark, Jr., Judge. See ORDER filed. Copies mailed 2-25-97. '/Y!a/>,,~,;;"}!'177~ ()mflMdzdJA:~f.n,'~ /,'}oA..--. -h::~1/rlfn;J;,.~f ~ ~j~:::r:~~'J~~,i:;f~ IfGfr::.~;/t:.~~",d~ fie.( 3848 S 1996 Reinhardt vs Allison et a1 --_._-~-~-_._- May 20,1997 - Answer by Deft Glowacki, Filed. i~:~~~"~~~,~ ~~~u~_ .. ~U(.. 24.~qq~- r ~~~f<UI<l~ () wl;l~~s ~pp":A.bIur ~ Of>J Jt~ u at ~ oF' Pl.-A I t\J ""!"J_f"~__~t> ICI DDJ.:r.j DAJAL nF:,:"FIoJ1>A.1o.ST" _________._ ~1lG- '2.\t. I~q~~ (~A"'~~ V J=I$ or IA-r~ oS P. (' , _8::t_____~__.E... ).4A.t..~a.IJJJF'R~ r:c;:G.uIRF: EAJr€Il.S t1P~1JC..E..___~ 8~1-IA,-r= ~ Pf.Al~IP'r:: _________ August 23. 1999 - After hearing, the Court makes the following findings:1-.!_h~~L4-~!-...~~tent _ with the Deficiency JudRlll~nt Act. this Court transfers juriook~~"te lnllrt -DLCommnn Pl",-",,, of Oauphin Colmty, Pennsylvania, for the purpose of detetmining wheth~r or not to discharge the judgment creditors of respective notes under the Deficiency Act.__~~~ourt ~kes a specific ~ finding that the judgment creditor failed to file the petition to fix fair market value of the real property within the requisite perod of time. However, since there was an outstanding action to enforce the personal judgment notes, this Court transfers and defers jurisdiction of the ultimate issue of the @nforC€ment of said notes to the Court of Conmon Pleas of Dauphin County, with the above findings. The Court directs that a copy of this Order be trans!i€J:rerl to the Court of COlTIflon Pleas of Dauphin County, and filed of record with that Court. See Complete Order. -_.~~- /s/ Samuel A. Kline, Judge. See ORDER filed 8-26-99 'TAtU Iq, '7f'll,",^- p,:n-rTlnLl ....,.JIlllI..J "27, :?,~r..D- ,-Qu,~1Z.. r' wiA"r_~I?, t:==',L....t:;D T:lnll:'lry ?fI, 7000 - A T111" iF! hprphy iF!l'llll"r1 '1prm pl<lintiff tr"l ",nnIJ ""'11"'''' ""''''y 'l"lr.o attar.hp(] Pp.tition to flrOPT NntpR niRC'hl'lrgp,-] ",hmllrl nct-hp gr"n'l"p,-] IHJTR ""-n nt...n,:il .. ~ LHSL"" HIOI:\I:(""_~ . FlI ~ -1"'n p~rr.~\ ---=r"J2- oe.Ot:e )>.,.lure:'<. Dle;- .> RETURNABlE 10 nl'l}'"R frnm RPr"i,..", {",,/ lnRPpn H Klpinf"lt"rJ ..J"r1g" .;:"" rwnP'k' .~.... filed. r,npy 1'0 Atty 1-?7-nn .If. mA"o/ 1'2.. 71'Y"'Jr'1_ B+(1E:1=' IN SUP?Dt=r ~ i'~rrlrw...Yt='LC; <'F=:ll s=':.lt.c..' AN() lO..I1 t~rv.....)t;' f~-rITI".....\ --r'O rnt''hr-:1it ro...JD'-~ O,C,CI-l.A.US1"'I Fll-ES'f"l yYlRY~.?f'":lol":>n_ f'LA...J-r,t=t:'$ BlZ..IE:1=' IN OPPD(..T/(),.J ""'0 PI::<'T"M"'If'lt0 ""in ()R..~~ t.J1"('T8 r>~.o;.... ~AJt.!:"lE:n j ,::'1I~n September 6. 2000- IT is hereby ORDERED and DECREED that Petitioners' John S. Sellers and Sandra A. Sellers and James H. Allison and Joann Allison's Petition to Order Notes Discharged is DENIED. /s/ Todd A. Hoover. Judge. See ORDER filed. Copies Dist. 9-6-00. <7~rr~J"\'ll'-:;~1Z. I:::, ;?',....,r.r._ i/'YlaT"I()J'J F't>~ A ~rnINATlf),..j ni==' f:='NALrrY F='ILE~ September 20, '2000 - It is Ut<OERED that the Motion of Defendants Allison and Seller:=; For A Determination of Finality is hereby DEIUED. The Court's ORDER of September 6. 2000. "hl'lll not be amended. /s/ Todd A. Hoover ,Judge. See ORDER filed. Copies fl1ailed 9~22-00. October 3, 2000- An in-chambers conference on the above matter is hereby scheduled on October 30. 2000 at 9:30 8.m. /s/ Todd A. Hoover, Jud~e. See ORDER filed. = mailed 10~4-00. ~ ;.~~,~..-;;;;r~......c3"~-.--"<,. ---ac ~_""~~ '* (or\IJOfd. 10 btOLK D+' ~e. . 7k \ October 30, 2000 - On c.onsideration of the foregoing motion, and it appearing to the court that the plaintiff, John '01. Reinh~t, ,.;ill suffer no disadvantage ~ predjt1di~ by ha~ng his ela:im against the defendants, Glowacki, presently pending in t~is court, as wel~ag tbe Court ___ of COffman Pleas of Lebanon County. tried in one action, and FURTHER, it appearing to the court that, after notice to plaintiff Reinhardt, as well as all other parties to this action, the proper fonn for this action against the defendants Glowacki is Lebanon County, the matter herein - .-- IS HEREBY TRANSFERRED to the Coum:t of CQlIDlOn Pleas of Lebanon County. FURTHER, a certified copy of this Order of Coordination of Actions shall be sent by the Prothonotary of the Court of Cormx:>n Pleas of Lebanon, whereupon that court may take sllch action as may be appropriate in furth- erance hereof. FURTHER, that the Prothonotary shall forward the reord in this proceeding to the prothonotary of the Court of CO/TJ1\on Pleas of Lebanon County on payment by the defendant - ~-~ Glowacki of all costs and fees therefor. Is! Todd Hoover, Judge. See ORDER OF COURT filed. Copies mailed and to atty. 10-30-00. November 7, 2000 - The above action transferred to the Court of Common Pleas of Lebanon County. June 22, 2001 - Since it .appears that the Prothonotary's Offi~mi~jnterpretedour order dated Oc:tober 30, 2000 and transferred the entire file in the above-captioned matter to Lebanon County ana that only the portion of the file that pertained to Defendants Walter Glowacki and. Leonore Glowacki should have been transferred, the remaining Dauphin County parties are directed to provide to Deputy Court Admini~_tratbr Deborah S. freeman a list of the pleadings necessary to the Dauphin County action within 10 days from the date of this order. After such list is received, arrange~ ments will be made with Lebanon County for copies of these docunents to be sent to the Dauphin County Prothonotary. Thereafter, this case will be assigned to a judge for a noniury trial. Is! Todd A. Hoover, Judge. See ORDER filed. Copies maile(L6';'22~01. July 31, 2001 . It is hereby ordered as follows: The above matter is attached for a non-jury trial "before the Honorable Todd A. Hoover on August 28, 2001, at 10:30 a.m. in Courtroom No.5 Dauphin County Courthouse, Front and Market Streets, HarrisJ::urg, PennsylvANIA. 2. On ot: before August 12, 2001, counsel for the parties shall send to the undersigned and served on the opposition:A. Exhibits to be used at trial; B. Complete witness lists indicating for each witness whether fact or expert; C. Any evidentiary issues intended to be dealt with before trial supported by written memorandum of law; D. A pre~trial memorandum Which should contain a brief summary of the facts and any --;pplicable case law supporting each perty's position in the case; E. Anticipated length of trial. 3. A pre-trial conference s~held in JUdg;Hoover's chambers on August 12, 2001, at 3:00 p.m. to discuss any matters pertaining to settlement of this matt~!s/ Todd A~ver, Judge See ORDER BY THE COURT, filed. Copies mailed 08-02-01- P,u~"",~ 1'4, ~I' ~\:,\>"\<>..I,,c,'A y, "'" ' AUGUST ~~,,-200!..:.-~~~~~~o~.id~~~tion-9.~~e par~ies_~~~E~:~}ation filed of record _J!) thi~tter , ~--.i:~_~"(~bX__~~~~~9__a~,,~_llo~~~~}._ The_E.ar~~~__l'_t~Eulati~n is: inco~()rate~l1ere~~~_2_~ --.::!~dgment..--i~nte~ed in.~'!~_~_~----!'?E~~inhar~~ and against James H. Allison and Jo Ann Allison, jointly and ~everally, in the amount of $ 80, 349.27. 3. Judgment is entered in favor of John W. Reinhardt and against James S. Sellers and Sandra A. Sellers, jointly and severally, in the amount of $ 80,349.27. 4. James H. Allison and Jo Ann Allison and James S. Sellers and Sandra A. Sellers have reserved the right to appeal the Order of September 6, 2000, denying their Petition to Order Notes Discharged. 5. Defendants shall not be required to post bond pending their appeals in this case. 6. Execution on the foregoing judgments is hereby stayed pending Defendants' appeals in this c~ 7. The non-jury trial scheduled for August 28, 2001, is cancelled. 8. This is intended to be a Final Order as contemplated by Pa.R.A.P. 341. BY THE COURT:/s! TODD A. HOOVER, Judge. See ORDER filed. Copies To Atty B-14~Ol. ~'~lY....t):")1 31 z..ODI- ~crrH::..~- oF" APP~ /7) SuPE:"R.16L <:...over. B..." 'P@"F""e.N.~ Fu ~I'\ 1,-(j;J' '; ",j >' ..'. iIdWed I indexed in the a~tomated System. i'Ol.tO.LiI'~illll.tHl""""'Il,,;AQpew~d Date: 711312005 Time: 02:27 PM Page 1 of 5 Filed: Subtype: Comment: Judge History Date 1129/2002 8/14/1996 Civil Judge No Judge, Payments Gates Halbruner & Hatch Gates, Halbruner & Hatch pc Peter Foster Miscellaneous Receipts Receipt Date 84433 7113/2005 Plaintiff Name: Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Reinhart, John W Home: Allison, James H Home: Allison, JoAnn Home: Dauphin County Complete Case History 1996-CV-3848-CV John W Reinhart vs. James H Allison, etal, Physical File: Y Receipt 84433 Date 7/13/2005 82774 6/17/2005 9116 3129/2002 Exemplified Record Work: Work: Work: Appealed: Y Reason for Removal Current Type Miscellaneous Exemplified Record Civil Filing Civil Filing Total 17.50 Sum: SSN: DaB: Sex: Send notices: Y SSN: DaB: Sex: Send notices: Y SSN: DOB: Sex: Send notices: Y User: NCAHILL Amount 17.50 26.00 47,50 91.00 17,50 Date: 7/13/2005 . . Time: 02:27 PM Page 2 of 5 Defendant Name: Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Other Party Name: Address: Phone: Employer: Party Type: Comment: Dauphin County Complete Case History 1996-CV-3848-CV John W Reinhart VS. James H Allison, etal. User: NCAHILL Sellers, James S SSN: DaB: Sex: Home: Work: Send notices: Y Sellers, Sandra A SSN: DaB: Sex: Home: Work: Send notices: Y Glowacki, Walter SSN: DaB: Sex: Home: Work: Send notices: Y Glowacki, Leonore SSN: DaB: Sex: Home: Work: Send notices: Y C & M Mechanical Contractors Inc SSN: DaB: Sex: Home: Work: Send notices: Y Additional Defendant Register of Actions 8/14/1996 New Civil Case Filed This Date, 1/25/2002 See Docket Book for prior entries, No Judge, No Judge, Date: 7/13/2005 . , Time: 02:27 PM Page 3 of 5 Dauphin County Complete Case History 1996-CV-3848-CV John W Reinhart vs. James H Allison, etal. User: NCAHlll Register of Actions 1/25/2002 This court generally has jurisdiction only over appeals from orders unless otherwise permitted by rule or statute. See In re Estate of Israel, 645 A.2d 1333, 1335 (Pa. Super. 1994). See also Pa.RAP. 341 (b) (a final order is any order that disposes of all claims and all parties, is expressly defined as final by statute, or is expressly determined to be final by the trial court to facilitate resolution of the entire case). The record indicates claims remain pending against additional defendant C&M Mechanical Contractors, Inc. Although the August 14, 2001 order states it is intended to be a final order as contemplated by Pa.RAP. 341, it does meet the requirements of Pa.R,A,P, 341(c). SeePa.RAP.341 (c) (trial court may enter a final order as to one or more but fewer than all claims and parties only upon an express determination that an immediate appeal would facilitate resolution of the entire case); Campbell vs, Fitzgerald Motors, Inc. 707 A.2d 1167 (Pa. Super.1998) (appeal quashed where order stated it was intended to be final under Rule 341 (b) but did not make an express determination that an immediate appeal would facilitate resoiution of the entire case). Accordingly, the appeal at No. 1419 MDA 2001 is hereby QUASHED, See PER CURIAM ORDER from the Superior Court of Pennsylvania filed 01/28/02. 1/29/2002 Motion for Entry of Final Order in Accordance With Order of Superior Court Dated January 25, 2002, filed. 2/1/2002 An in-chambers conference on the above matter is hereby scheduled on March 6, 2002 at 8:45a.m. Copies Distributed 02/04/02, 3/6/2002 Record Returned to the Prothonotary's Office from The Superior Court of Pennsylvania, filed. Stipulation, filed. No Judge, No Judge, Hoover, Todd A, No Judge, No Judge, Date: 7/13/2005 . . Time: 02:27 PM Page 4 of 5 Dauphin County Complete Case History 1996-CV-3848-CV John W Reinhart vs. James H Allison, eta!. User: NCAHILL Register of Actions 3/20/2002 Upon consideration of the Parties' Stipulation of March 6, 2002, filed of record in this matter, IT IS HEREBY ORDERED as follows: 1. the Parties' Stipulation of March 6, 2002 is incorporated herein. 2. Additional Defendant C & M Mechanical Contractors, Inc" is dismissed from this case. 3. The Order of August 14, 2001 is a Final Order in accordance with the Order of the Superior Court dated January 25, 2002 and Pa.RAP, 341. 4, The Order of August 14, 2001, is amended to include the preceding three provisions of this Order, See AMENDED ORDER filed. Copies Distributed 3-26-02. 3/29/2002 Filing: Appeal - Superior/Commonwealth Court Paid by: Peter Foster Receipt number: 0009116 Dated: 3/29/2002 Amount: $47.50 (Check) Statement of record, filed Notice of Appeal to Superior Court filed. 2/19/2003 ORDER AFFIRMED Judgment Entered See Memorandum from the Superior Court of Pennsylvania filed September 12th 2003. 8/14/2003 The petition for Allowance of Appeal is hereby DENIED. See PER CURIAM ORDER from the Supreme Court of Pennsylvania Middle District filed September 12th 2003, 9/12/2003 Record Returned to the Prothonotary's Office from the Superior Court of Pennsylvania, 6/17/2005 Filing: Writ of Execution Paid by: Gates, Halbruner & Hatch pc Receipt number: 0082774 Dated: 6/17/2005 Amount: $26.00 (Check) Writ of Execution - James H Allison and Joann P Allison Garnishee - Sheriff: Dauphin County Amount Due $80,349.27 + costs. See Praecipe filed Hoover, Todd A. No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, In Favor Of Piaintiff Reinhart, John W Allison, James H IUL 13 2ol1!1ison, JoAnn Judgment Order date 06/17/2005 Plaintiff: Defendant: Disposition 06/17/2005 Open Judgment Writ of Execution .~'fi()J Date: 7/~3/2005 Time: 02:27 PM Page 5 of 5 Prothonotary/Clerk of Courts Dauphin County Complete Case History 1996-CV-3848-CV John W Reinhart vs, James H Allison, etal, User: NCAHILL q 'no, 6:::' 3CSJ JOHN W. REINHARDT, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. CIVIL ACTION . LAW : NO. ''''-'-1996 ~, ~~........ c: JAMES H. ALLISON, et al., Defendants, vs. C&M MECHANICAL CONTRACTORS, INC., Additional Defendant. 't."!~ ORDER AUf} Oof- , -:::.#' ~J /'70<./ upon 7 AND NOW, this ~ day of 2001, consideration of the parties' StipUlation filed of record in this matter, it is hereby ordered as follows: 1. The parties' StipUlation is incorporated herein. 2. Judgment is entered in favor of John W. Reinhardt and against James H. Allison and Jo Ann Allison, jointly and severally, in the amount of $80,349.27. 3. Judgment is entered in favor of John W. Reinhardt and against James S. Sellers and Sandra A. Sellers, jointly and severally, in the amount of $80,349.27, 4. James H. Allison and Jo Ann Allison and James S. Sellers and Sandra A. Sellers have reserved the right to appeal the Order of September 6. 2000, denying their peti tion to Order Notes Discharged. 5. Defendants shall not be required to post bond pending their appeals in this case. / ...J 6. Execution on the foregoing judgments is hereby stayed pending Defendants' appeals in this case. 7. The non-jury trial scheduled for August 28, 2001, is cancelled. 8. This is intended to be a final order as contemplated by Pa.R.A.P. 341. BY THE COURT, ~~ DISTRIBUTION: Peter B. Foster, Esquire 121 South Street Harrisburg, PA 17101 (Attorneys for Defendants) Mark E. Halbruner. Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (Attorneys for Plaintiff) JUN 23 2005 t !\e{OOY cEll1ity that the for~oin~ !S : tnJ& and corrllCt C~y f ilil If. ~Iw~. Prottiollotary " . ~ 2 COp'lf5 +0 A#Q 1\14\0\ JOHN W. REINHARDT, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES H. ALLISON, et al., Defendants, NO. 3848-S-1996 vs. , r , , . (, , ' C&M MECHANICAL CONTRACTORS, INC., ,-"- c Additional Defendant. STIPULATION l.~I) - AND NOW, come the Plaintiff John W. Reinhardt and -the Defendants James H. Allison and Jo Ann Allison and James S. Sellers and Sandra A. Sellers, by and through their undersigned counsel, and make the fOllowing stipulation: 1. The parties stipulate to the entry of a judgment in favor of John W. Reinhardt and against James H. Allison and Jo Ann Allison, jointly and severally, in the amount of $80,349.27. 2. The parties stipulate to the entry of a judgment in favor of John W. Reinhardt and against James S. Sellers and Sandra A. Sellers, jointly and severally, in the amount of $80,349.27. 3. James H. Allison and Jo Ann Allison and James S. Sellers and Sandra A. Sellers reserve the right to appeal the Order of September 6, 2000, denying their petition to Order Notes Discharged. 4. Defendants shall not be required to post bond pending said appeals. 37 P '5 5. Plaintiff further agrees not to execute on said judgments until Defendants have exhausted all appeals in this matter. 6. This Stipulation shall be filed in lieu of the parties' pre-trial memoranda and the non-jury trial scheduled for August 28, 2001. 7. This Stipulation shall be effective and binding only upon the Court signing the proposed Order attached hereto as Exhibit "An. Respectfully submitted, GATes 'tOC~ ',/ "il .. ,/ BY: t 21.tvt/ f, . ,/ Mark E. Halbrun , Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) PINSKEY & FOSTER ?~~.~ BY: Peter B. Foster, Esquire 121 South Street Harrisburg, PA 17101 (717) 234 -9321 (Att.orneys or Defendants) DATE: X" -l~-Ot DATE: &1 2 Gates, Halbruner & Hatch, P.C. Matthew J. Eshelman, Esquire Atty ID No.: 72655 10 13 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 (fax) Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. REINHARDT, Plaintiff, vs. : CIVIL ACTION - LA W JAMES H. ALLISON, JOANNE P. ALLISON, JOHN S. SELLERS, SANDRA A. SELLERS, NO. 2005-03651 Civil Term Defendants, PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action as satisfied as against Defendants James H. Allison, Joanne P. Allison, John S. Sellers and Sandra A. Sellers. Respectfully submitted, Date: January 2, 2007 , I V Matili J. s elman, Esquire Supreme Court ill #72655 Attorneys for Plaintiff By: ~ :3 <- ~ , CJ) g ~ -ocr:: 1"'\1;1 --:7 --,. ~;:~ ~>.. ~C~ :P" ('-~ ~'(--l :P-C ~ -:.<. ~ ~~ ?3 b ::c~ <:t~ 9 ~ -0 :s; c...> ., o (Jl