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Home My WebLink About02-1128C lthofPer Iva a I, PATRICIA A. FUNT, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein L.B. SMITH, INC. , Plaintiff, and MCDERMITT, INC. , Defendant, as the same remains of record before the said Court at No. 2000-SU-0000134 IN TESTIMONY WHEREOF, I have hereunto set my hand and affmed the seal of said Court this 28thdayofFebruary, A.D.,2002. ~~~. ~ Prothonotary I, JOHN D. KUHN, President Judge of the County of Adams, do certify that PATRICIA A. FUNT, by whom the annexed record, certificate and attestation were made and given, and who in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is, Prothonotary in and for said County of Adams, in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due fo~m of law and ma~er. President Judge I, PATRICIA A. FUNT, Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable JOHN D. KUHN, by whom the foregoing attestation was made and who has thereunto subscribed his name, was, at the time of making thereof, and still is, President Judge of the Court of Common Pleas for said County, duly commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this q~ day of Prothonotary AMONG THE RECORDS AND PROCEEDINGS enrolled in the Court of Common Pleas in and for the County of Adams, in the Commonwealth of Pennsylvania, to No. 2000-SU-0000134 is contained the following: COPY OF APPEARANCE AND JUDGMENT DOCKET ENTRY L.B. Smith, Inc. Plaintiff VS. McDermitt, Inc. Defendant Costs: Entry of $13.50 paid by Plaintiff. Exemplification fee of $15.00 paid by Plaintiff. See attached Docket Entries Date of Lien Amount 08/10/01 $ 57,$72.40 Nature of Lien Default Judgment Interest From Revival Original Case As per terms No. No. 00-S-134 'Date: d3/'01/2002 Time: 09:29 AM Page 1 of 2 Adams County Court of Common Pleas ROA Report Case: 2000-SU-0000134 Current Judge: No Judge L.B. Smith, Inc. vs. McDermitt, Inc. Civil Action User: CDUTROW Date Judge 02/16/2000 03/30/2001 04/02/2001 04/04/2001 04/06/2001 04/25/2001 04/26/2001 04/30/2001 05/07/2001 New Case Filed See docketing prior to FullCourt Pre-Trial Conference Memorandum filed. Pretrial Memorandum filed. Notice of Trial filed. Order of Court dated April 4, 2001 filed. (Jury trial set for 9:00 a.m. on May 3, 2001. Trial may continue into May 4, 2001. Matter shall proceed as stated in the Order.) Pretrial Memorandum filed. (Certificate of Service attached) Trial Memorandum filed. Motion for Admission Pro Hac Vice filed. (Certificate of Service attached) Order filed. (David L. Cole, Jr. is admitted pro hac vice in the within matter.) Plaintiffs' Trial Memorandum filed. Witness List For Court filed. (filed in Open Court) Witness List filed. (filed in Open Court) Defendant McDermitt's Points For Charge filed. (Certificate of Service attached) Centex-Simpson Construction Company, Inc.'s Points of Charge filed. (facsimile)(Certificate of Service attached) Trial Memorandum filed. (Certificate of Service attached) Verdict filed. Question No. 1: Did L.B. Smith prove by a preponderance of the evidence that an employee of L.B. Smith and an employee of McDermitt, Inc. executed a Rental Agreement, dated June 14, 1994, for a Kawaski loader? YES Question No. 2: Did L.B. Smith prove by a preponderance of th evidence that the person who signed the Rental Agreement, dated June 13, 1994, on behalf of McDermitt, Inc. appeared to be acting as an authorized agent for McDermitt, Inc. and within the scope of his employment when executing said Rental Agreement? YES Question No. 4: Did L.B. Smith prove by a preponderance of the evidence that an employee of L.B. Smith and an employee of McDermitt, Inc. executed a Rental Agreement, dated August 10, 1994, for a Volvo loader? YES Question No. 5: Did L.B. Smith prove by a preponderance of the evidence that the person who signed the Rental Agreement dated August 10, 1994, on behalf of McDermitt, Inc., appeared to be acting as an authorized agent for McDermitt, Inc. and within the scope of his employment when executing said Rental Agreement? YES Question No. 7: Did L.B. Smith prove by a preponderance of the evidence that McDermitt, Inc. breached the Rental Agreement dated June 13, 1994, by failing to make payments? YES Question No. 8: Did L.B. Smith prove by a preponderance of the evidence that McDermitt, Inc. breached the Rental Agreement dated August 10, 1994, by failing to make payments? YES Question no. 9: How much, if any, did L.B. Smith prove that McDermitt, Inc. failed to pay on the monthly rental fees under the June 13, 1994, Rental Agreement? $16,500.00. Question No. 10: How much, if any, did L.B. Smith prove that McDermitt, Inc. failed to pay on the monthly rental fees under the August 10, 1994, Rental Agreement? $10,200.00. Question No. 11: Did L. B. Smith prove by a preponderance of the evidence that it was entitled to reasonable attorney fees under either of the Rental Agreements? YES 'Date: 03]01/2002 Time: 09:29 AM Page 2 of 2 Adams County Court of Common Pleas ROA Report Case: 2000-SU-0000134 Current Judge: No Judge L.B. Smith, Inc. vs. McDermitt, Inc. Civil Action User: CDUTROW Date Judge 05/07/2001 05/14/2001 05/15/2001 05/24/2001 07/03/2001 08/03/2001 08/10/2001 08/15/2001 08/21/2001 08/27/2001 08/29/2001 09/04/2001 10/02/2001 10/31/2001 11/02/2001 01/03/2002 01/29/2002 01/31/2002 02/28/2002 (continued) Question No. 12: To the extent that L.B. Smith proved that it was entitled to reasonable attorney fees under either or both of the Rental Agreements, what is that amount? $20,797.00. Question No. 13: Did L.B. Smith prove by a preponderance of the evidence that it was entitled to recover from McDermitt, Inc. a freight or transportation fee for return of the Volvo loader? YES Question No. 14: If the answer to No. 13 is "Yes", then in what amount? $375.00. BY THE COURT, /S/John D. Kuhn, Judge Defendant McDermitt's Motion For Post-Trial Relief filed. (Certificate of Service attached) Motion to Mold Verdict filed. (Certificate of Service attached) Centex-Simpson Construction Company, Inc.'s Response To McDermitt, Inc.'s Motion for Post-Trial Relief flied. (Cert ficate of Service attached) Order filed. (It is hereby Ordered that the verdict awarded to Plff shall include contractual late charges as stated in the Order.) Order of Court filed. (Defendant McDermitt's Motion for Post-Trial Relief said motion is denied.) Filing: Appeal to Commonwealth or Superior Court Paid by: Beauchat & Beauchat Receipt number: 0003355 Dated: 08/07/2001 Amount: $45.00 (Check) Notice of Appeal filed by Wendy Beauchat, Esquire Atty for Defendant McDermitt. Order of Transcript attached. L.B. Smith, Inc., Plaintiff vs McDermitt, Inc., Defendant: Judgment entered in the amount of $57,872.40. Notice mailed to the Dft. Certificate of Service filed.(Judgment) Judgment fee paid $13.50. Order of Court filed. (It is hereby directed to file of record within 14 days of this Order a concise statement of matters complained of on appeal.) Proof of Service filed. (notice required by Rule of Appellate Procedure 1922) Volume I of transcript of testimony taken at the jury trial held on Thursday, May 3, 2001 in Courtroom #2) Volume I and II of jury trial transcript held May3 and May4, 2001 filed. (proof of service attached) Statement of Matters Complained of on Appeal filed. Filing: Writ of Execution Paid by: Matthes, F. Stephenson (attorney for L. B. Smith, Inc.) Receipt number: 0003977 Dated: 09/04/2001 Amount: $22.50 (Check) Writ issued. Appeal docket sheet filed. Motion for Stay Pending Appeal filed. Stipulation filed. Motion to Compel Discovery in Aid of Execution filed. (Certificate of Service attached.) Order of Court dated January 25, 2002, filed. (Rule issued upon McDermitt, Inc. Dfdt to file answer as stated) Sheriff's Execution Return filed. See Sheriff's Execution Docket X at page 166. Filing: Exemplification of the Record Paid by: Tucker Arensberg & Swartz Receipt number: 0008162 Dated: 02/28/2002 Amount: $15.00 (Check) O0 s 000134 Name DOB SSN Address 4 Hamee found 134 Index Only'for Case 00 S 000434 Civil Action Filing Date: 02/16/2000 Le~t Statue Date: 03/29/2004 Case Balance: t14.90 La~'t Transaction Date: 03/29/2001 Comment: Plaintiff: L.b. Smith, Inc. Defendant: Mcdermitt, Inc. 02/16/00 Complaint Filed By Tucker, Arensberg & 02/16/00 Swartz, By:. F. Stephenson Mxtthes, Esq, 02/16/00 1tl H. Front St, Po Box 989, 02/16/00 Harrisburg, Pa 47408-0889, Attorney 02/16/00 For Plaintiff. 02/16/00 Prothy 75.00 02/16/00 Tax .50 02/16/00 Jud Comp Fund 6.06 02/16/00 Automation Fund 6.06 02/24/00 Sheriff's Rnturn Filed. (civil Action- 02/2,l/00 Law) 02/24/00 Sheriff's Costa 29.40 See next item for more entries. O0 s 000134 DOB SSN Address 4 Names found ~ O0 S 000134, continued (0t) 00 S 006134, continued (02) Index Onlyfor Case 00 S 000134 Civil Action Comment: 03/20/00 Defendant's Answer And Hew Matter To 03/20/00 Complaint Filed By Goldberg, Katzman & 03/20/00 Shipman, P.e. ~ 3oshua D. Lock, Esq., 03/21/00 Strawberry Square, 320 Market St., 03/20/00 Harrisburg, Pa, Attorney For Defendant 03/20/00 acdermllt, Inc. In The Captioned- 03/20/0O Action. 03/20/00 Patricia A. Funt, Prothonotary 03/20/00 By:. Wanda ¥. Waller, Deputy Prothy 04/19/00 Plaintiff's Answer To Defendant's Hew 04/19/00 Batter To Complaint Filed. (certificate 04R9/00 Of Service Attached) O4/20/00 Complaint To Join Additional Defendant, 04/20/00 Centex-simpson Construction Company, See next item for more entries. Index Onlyfor Case 00 S 000134 Civil Action Comment: 00 s 000134 Name DOB SSN Address 4 Hames found = O0 S 000t34~ continued (02) 06 S 000t34~ continued (03) Index Only for Case 00 S 000134 Civil Action Comment: 0~J20/00 Inc. Filed. (proof Of Service 04,,20/00 Attached) 05fl0/00 Centex Construction Company, Inc.'s 05~10/00 Answer And Hew Matter To Complaint To 05~16/00 Join Additional Defendant Filed. 0~fl0/00 (certificate Of Service Attached) 10~17/00 Praecipe Listing Case For Pretrial Con- t0/17/00 Ference Filed. (certificate Of Service 10~1 ?/00 Attached) 11/22/00 Pretrial Notice Filed. (conference Set 11/22/00 For December 6, 2000 At 11:00 A.m.) 11/30/00 Defendant Mcdermitt's Motion To Continue 1t/30/00 Pre-triM Conference Scheduled For tt/30/00 December 6, 2000 Filed. (certificate Of See next item for more entries. Index Only for Case O0 S 000t34 Civil Action Comment: 00 s 000434 Name DOB SSN Address 4 Hames found 00 S 000134, continued (03) Index Ontyfor Case 00 S 000134 Civil Action Comment: 11/30/00 Service Attached) 12/01/00 Pretrial Memorandum Filed. (certificate 12/01/00 ,Of Service Attached) 12/08/00 Order Of Court Dated December 6, 2000 12/08/00 Filed. (this Case Is Marked For A 1 Day 12/08/00 Juw Trial For The Term Beginning t2/08/00 April 30, 2001 At 9:00 A.m. The Case 12/08/00 ',Aqll Be Called On March 5, 2001 At 12/00/00 9:00 A.m. In Courtroom Ho. 1.) 03/29/01 Order of Court Filed. (trial Set For 03/29/01 April 30, 2001.) r~o-~-~ ( ,,.20~-. This I~ing n true ~d attested copy ~n f~ , and comp~ with ~e ~ma~ AUest: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA L.B. SMITH, INC. MCDERMITT, INC. Plaimiff, : . : : Defendant. : No. Og.- NOTICE OF ENTRY OF JUDGMENT To McDermitt, Inc., Defendant: You are hereby notified that on August 10, 2001, the following judgment has been entered against you in the above-captioned case. Judgment in the amount of $57,872.40 plus interest at the rate of 18% per annum from August 10, 1994, pursuant to the Order of July 3, 2001 regarding Docket No. 00-S-134. t Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R.C.P. 236 is: McDermitt, Inc. 3 Hunterstown Road Gettysburg, PA 17325 A McDermitt, Inc., Defendido: Por este medio se le esta notificando que el August de 10 del 2001, el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendid/a segun indicada en el certificado de residencia: McDermitt, Inc. 3 Hunterstown Road Gettysburg, PA 17325 Respectfully submitted, iR ARENSBERG & SWARTZ F. Step'henson Matthes - PA I.D. No. 67408 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Dated: $~$'.-~2. Attorneys for Plaintiff 47940 L.B. SMITH, INC. 6375 Mercury Drive Mechanicsburg, PA 17050 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MCDERMITT, INC. 3 Hunterstown Road Gettysburg, PA 17325 Defendant CIVIL ACTION - LAW COMMERCE BANK, 100 Senate Avenue Camp Hill, PA 17Oll Garnishee NO. 02-1128 PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) To the Prothonotary: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against McDermitt, Inc., Defendant, and against Commerce Bank, 100 Senate Avenue, Camp Hill, PA 17011 as garnishee and direct the Sheriff to levy on any and all cash and the contents of any and all cash registers are to be seized by the Sheriff at the time of levy. Amount due $57,872.40 Together with interest from August 10, 1994, and continuing attorney fees and collection costs and other costs of this action. Dated: 48129 Respectfully submitted, TUCKER ARENSBERG & SWARTZ, P.C. )henson Matthes No. 67048 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Attorneys for Plaintiff, L.B. Smith, Inc. SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-01128 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SMITH L B INC VS MCDERMITT INC And now DAVID MCKINNEY Cumberland County of Pennsylvania, to law, at 0011:30 Hours, on the ,Sheriff or Deputy Sheriff of who being duly sworn according 8th day of April , 2002, attached as herein commanded all goods, chattels, rights, moneys of the within named DEFENDANT , MCDERMITT INC hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE debts, credits, and , in the CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to DEBBIE MILLER (ASSISTANT TO PRESIDENT) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this /~ ~ day of ~ ~,L A.D. Pro't tfonot ary ' So an r . R. Thomas Kline Sheriff of Cumberland County 00/00/0000 ~ - DEputy Sheriff SHERIFF,s RETURN _ CASE NO: 2002-01128 p COMMONWEALTH OF COUNTY OF PENNSLYVANIA CUMBERLAND GARNISHEE SMITH L B INC VS MCDERMITT INC And now DAVID MCKINNEY ~,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly SWorn according to law, at 0009:56 Hours, on the 4th day of ~, 20~02, attached as herein Commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MCDERMITT INC ~' hands, possession, or COntrol of the within named Garnishee PENNSYLvANiA STATE BANK 1 NORTH HANOVER ST __, in the Sheriff's Costs: Docketing Service Affidavit Surcharge CARLISLE, PA 17013 ~ Cumberland County, Pennsylvania, by handing to TERRY HILL (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION ~ true the contents there of known to He_~r. ~ and made .00 .00 .00 .00 .00 .00 So answers: R. Thomas Kline '. Sheriff of Cumb~ oo/oo/oooo SWorn and subscribed to before me this ,~_~ ~ ~ ~ day o honotlry , -- Deput~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 2.35 Advertising Law Library .50 Prothonotary 1.00 Mileage 10.35 Misc. Surcharge 30.00 Levy 40.00 Post Pone Sale Garnishee 18.00 120 .'20 Swom and Subscribed to before me this 3~ day of ~ZJ~ 2003 A.D.(~,,~t~ .~)qa~_~_~;-_,~ pr~th6nota~' Advance Costs: Sheriff's CostS: 300.00 120.20 1~9.80 Refunded to Atty on 3 / 25/03 So Answers; R. Thomas Kline, Sheriff By