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Home My WebLink About02-1500Jeffrey R. Boswell, Esquire Supreme Court I.D. #52444 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MICHAEL C. CAIN and DANA M. CAIN, Plaintiffs, V. NATIONWIDE LOG HOME RESTORATION, INC. Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW _. ._ PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiffs and against the Defendant Nationwide Log Home Restoration, Inc., in the amount of $25,000.00, plus costs of suit, pursuant to the certified copy of judgment by the District Court of Kansas, Sixth Judicial District in and for Miami County at Paola. I hereby certify that no appeal has been made. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: jeffr~ttt. Bw6'~well, Esquire DATE: March II ,2002 MICHAEL C. CAIN and DANA M. CAIN, Plaintiffs, V. NATIONWIDE LOG HOME RESTORATION, INC. Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW .' : TO: NATIONWIDE LOG HOME RESTORATION, INC., DEFENDANT You are hereby notified that on March ,2002, judgment has been entered against you in the above-captioned case in the amount of $25,000, plus interest at the legal rate of six (6%) percent, plus costs of suit in the amount of $76.00. DATE: March ~ ,2002 - ' - Prothonbt~y- ~ I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Nationwide Log Home Restoration, Inc. 23 Queen Avenue Enola, PA 17025 TO: NATIONWIDE LOG HOME RESTORATION, INC., DEFENDANT Pot este medio se le esta notificando que el March ,2002, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: March ,2002 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Nationwide Log Home Restoration, Inc. 23 Queen Avenue Enola, PA 17025 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ( IN THE DISTRICT COURT OF KANSAS, SIXTH JUDICIAL DISTRICT: IN AND FOR MIAMI COUNTY AT PAOLA MICHAEL C. CAIN, ET UX., ) Plaintiffs,) ) v. ) ) NATIONWIDE LOG HOME RESTORA- ) TION, INC., ) Case No. ~ ~ .-4 ICS.A. Chapter 61 ~ ~:i3 ~ Defendant.~ ,.r,r- ..~ JOURNAL ENTRY c~'~ :~; ~ ~ DEFAULT .H~DG~NT ~ ~ ADJUDGED that Plaintiffs, and each of them, jointly, have judgement against defendant for their damages in the sum of Twenty Five Thousand Dollars ($25,000.00) and for their costs herein incurred and expended in the sum of Seventy-Six Dollars ($76.00). IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of this Honorable Court to be affixed on this the fday of /U/w t/ ,2001. ~'- Judg - NOW on this ./ day of 3J~j ,2001, the above-captioned civil action comes on for hearing and disposition on the Plaintiffs' Petition for damages for breach of contract, Plaintiffs appearing by and through their attorney, Howard E. Bodney, Esq., and the Defendant, although having been duly served with process, appears naught, but makes default, whereupon said cause is taken up and considered by the Court upon the pleadings and the proof adduced; and, thereupon, the Court, having heard and considered the pleadings on file, having heard and considered the matters admitted into evidence; having heard the arguments and statements of counsel; and. being well and truly advised in the premises, finds the issues in favor of Plaintiffs, and each of them, and against defendant and assesses Plaintiffs' damages in the sum of Twenty Five Thousand Dollars ($25,000.00). IT IS THEREFORE BY THE COURT CONSIDERED, ORDERED AND 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PREPARED AND SUBMITTED BY: 3 . HOWARD E. BODNEY, 5HTD. 5 Kansas Supreme Court Reg. No. 11,834 8 ATTORNEY FOR PETITIONER 1Jnoo Jo!Jls!a ell1 JO o§Pnl' ' o§pnl~ ,to e)eo!jpjo0 fooz 6~' o ~ep H.T, 6I V'iOV~I le pnoO Pies jo leOS eql pex!p,e pue pu~q ~m les oluneJeq ea~q I 'toeJeq~ ~uom!~sel Ul [leeS] · JOOlOql oloqg oql puE 'sl~ul~ljo P!~S jo so!doe leo J Joe pu~ omi oJe omes oql lBql pu~ 'Alunoo Pies u! osnoq~noo eql le 'eoUlo Am u! OlU uo pu~ pJoooJ jo J~odd~ emus oql s~ leU!fi!Jo oql ql!~ 'peqoelle s! eleo!j!~eo s!ql qolq~ Ol 'fiU~l~J~ U~ SJOded Oql poJ~dmoo OAeq I leql AtIueo AqeJoq op ' svsNv~ 1o o)els ' pue u{ ~noo' .T. Dllt.T. SI(I oq), jo ~lJelO ' J~luno01 INVIN Jo Aluno0 eql Joj (Ik-W'IOt, l~ ~qNV£ '1 INVIN SVSNVN -I0 NIVIS sseJSuoo lo lev Jepun uo!leollueqlnv [8gi4'II0 'ON ese0 3NI NOI.T.V'clOJ.$~t}t ~H~0H O0~I ,qGIt4J~0IJ.V~ IN3GNOdS3~/INVQN3~3Q 'SA xn .T.~ '[qI¥3 3 ~q~d3I~ H~NOI~I±3d/~I±NIVqd SYSNV)! 'AINFIOO 1OlUISIO l¥1Olarlr INVIN 'iunoo IDII:JISIO qHl NI HZX~S ~IHI NI MICHAEL C. CAIN and DANA M. CAIN, Plaintiffs, V. NATIONWIDE LOG HOME RESTORATION, INC. Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW ; CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Michael C. Cain and Dana M. Cain 21750 Waverly Spring Hill, Kansas 66083 Plaintiff Nationwide Log Home Restoration, Inc. 23 Queen Avenue Enola, PA 17025 Defendant BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: jeffi~~quire Dated: March /! ,2002 LIMITED CIVIL APPEARANCE DOCKET STATE 0F ~--~~ JUDICIAL DISTRICT: 06 COUNTy: MI DATE FILED: CASE DESCRIPTION: JUDGMENT $25000.00+COSTS & INT (A) Source: (1) Original (B) Nature of action: (1) Contract CASE TITLE: CAIN, MICHAEL C VS. CASE NO. 01LM 583 09/24/2001 JUDGE: D01 ATTO~ BODNEY, HOWARD 10965 GRANADA LN STE 102 OVERLAND PARK,KS 66211-1412 913-451-7799 09/24/2001 10/16/2001 11/Ol/2OOl 11/01/2001 NATIONWIDE LOG HOME, RESTORATION INC DATE ITEM NO. ACTI~ $76.00 DOCKET FEE PAID BY PLTF'S ATTORNEY 09/24/2001 i PETITION FOR $25,000.00 JUDGMENT PLUS COSTS AND INTEREST FILED 09/24/2001 2 REQUEST AND SERVICE INSTRUCTION FORM FILED (FOR SERVICE ON DEFENDANT BY CERTIFIED MAIL) 3 SUMMONS ISSUED TO SHERIFF OF MIAMI CO KS DIRECTED TO NATIONWIDE LOG HOME RESTORATION INC 23 QUEEN AVE ENOLA PA 17025 4 SUMMONS RETURNED _ NATIONALWIDE LOG HOME RESTORATION INC SERVED BY CERTIFIED MAIL THRU ??? 9-29-01 BY MIAMI CO SHERIFF - COPY TO PLTF S ATTORNEY ' 5 JUDGES NOTES: PLAINTIFF HAS JUDG~4ENT AGAINST DEFENDANT IN THE SUM OF $25,000.00 PLUS COSTS AS PER JE SIGNED AND FILED (SDH) 6 JOURNAL ENTRY OF JUDGMENT FILED - COPY TO PLTF'S ATTORNEY ****Last Appearance docket item**** March 15, 2002 Friday 9:24 a.m. IN THE DISTRICT COURT OF KANSAS, SIXTH JUDICIAL DISTRICT IN AND FOR MIAMI COUNTY AT PAOLA I, ~_-~fl e~ ~ ~ Iaaa, Clerk of Miami District Court in and for said county, do hereby certify that the Honorable Stephen D. Hill, by whom the attestation was made, and who has thereunto subscribed his name, was at the time of making thereof and still is Judge of the District Court in and for the County of Miami, 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 Jurisdiction as elsewhere. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Court this day of March, 2002. Cl~kr~ of Court Jeffrey R. Boswell, Esquire Supreme Court I.D. #52444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street/PO Box 74 ! Harrisburg, PA 17108-0741 Attorneys for Plaintiffs MICHAEL C. CAIN and DANA M. CAIN, PLAINTIFF NATIONWIDE LOG HOME RESTORATION, INC., DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW AFFIDAVIT I, Jeffrey R. Boswell, Attorney for the Plaintiffs, Michael C. Cain and Dana M. Cain hereby certify that the following are the last-known addresses for the Plaintiff and Defendant. Michael C. Cain Nationwide Log Home Restoration, Inc. Dana M. Cain 23 Queen Avenue 21750 Waverly Enola, PA 17025 Spring Hill, KS 66083 The foreign judgment, issued by the District Court of Miami County, Kansas, of $25,000.00, is valid, enforceable and unsatisfied. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By:. Sworn to and subscribed before me this It day of~, 2002' Ha~.,, r. A,' Da ,~'n County I My Cornea March 5, :2005 [ dl'fi'~ l~. ~os~veIl~squire IN THE COURt OF CE~e~N PLEAS OF Ct~ERLa~D C0te~rY, p~e~ZLVaNiA CIVIL DMSION MICHAEL C. CAIN AND DANA M. CAIN~ PLAINTIFFS V. NATIONWIDE LOG HOME RESTORATON, INC., DEFENDANT TO THEPROTHONOTARY OF THESAID COURT: File No. O2-/~ Amount Due ~5:000.00 Interest AT THE LGAL RATE OF 6% Att oa t / /200 Costs The undersigned hereby certifies that the below does not arise out of a retail instal ]rflent sale, contract, or account based on a confession of judpment' but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as an~nded; and for real property pursuant to Act 6 of 1974 as amended. · PRA~CIPE ~ EX~IUTION Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described Property of the defendant ( s ) PRAEC/.PE FOR ATT~ Issue writ of attachment to the Sheriff of ~-T~MRm.~T.AN~ County, for debt, int~st ~d costs, ~ a~ve, ~rect~g attaint a9~nst the a~v~n~ g~ish~(s) for the foll~ P~-ty (if .re~ estate, supply s~ copies of the des~ption; supply fo~ copies of lengthy ~rson~ty ~st ) INC. WITH WAYPOINT BANK - BRANCH OFFICE 17 W. HIGH STRRRT, CARLISLE, PA ~d ~1 oth~ P~ty of the def~d~t(s) in the ~ssession, ~st~y or contel of the s~d g~ish~(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: March 11, 2002 Signature: ~ Print Name:._ JEFFREy R. BOSWELL, ESOUIRE Address: qlR ~ w~n~m ~m~.~.m/~n n~TqRD~, D_~ 171~R--B~1 At to~ey for: . DT.a!~T~IFF Telephone: (7! } 236 9377 Supr~ Co~ ID ~.: 2~ad SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-01500 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAIN MICHAEL C ET AL VS NATIONWIDE LOG HOME RESTORATIO And now GERALD WORTHINGTON Cumberland County of Pennsylvania, to law, at 0014:32 Hours, on the as herein commanded all goods, chattels, rights, moneys of the within named DEFENDANT , NATIONWIDE LOG HOME RESTORATION INC hands, possession, or control of the within named Garnishee 17 WEST HIGH ST ~3~ .... '~ ~-- ,Sheriff or Deputy Sheriff of who being duly sworn according 3rd day of April , 2002, attached debts, credits, and , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LINDA JULIAS (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 true and made R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this j~ day of~ ~oo~ A.D. Prc~ctfonotary Deputy S~rif f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In Re: MICHAEL C. CAIN and DANA M. CAIN, Plaintiffs, NATIONWIDE LOG HOME RESTORATION, INC. Defendant. ) ) ) ) ) Case No. 02-1500 ) ) Civil Action - Law ) ) NOTICE OF BANKRUPTCY COMES NOW Eric C. Rajala, Chapter 7 Bankruptcy Trustee, and hereby notifies this Court that on July 16, 2002 a Chapter 7 Bankruptcy proceeding was filed in the United States Bankruptcy Court for the District of Kansas, Kansas City Division, styled In Re: Cain, Michael Christopher & Dana Marie, Case No. 02-22485-7. Pursuant to 11 U.S.C. §362, all actions, including this action, are hereby stayed. Eric C. Rajala, ~hapter 7 Trustee Kansas Supreme Court No. 10082 MetcalfBank Bldg, Ste 341 1 t 900 College Blvd Overland Park, KS 66210-3939 Telephone (913) 339-9806 Facsimile (913) 339-6695 CERTIFICATE OF SERVICE I hereby certify that on thisc~ I ~ day of October, 2002, I caused a tree and correct copy of the above Notice of Bankruptcy to be mailed, postage prepaid, to: Cain, Michael Christopher & Dana Marie 1692 Road 380 Allen, KS 66833 United States Trustee 500 Epic Center 301 N Main St Wichita, KS 67202-1508 Mark Alien Roy Attorney at Law 4370 N Oak Trafficway, Ste 200 Kansas City, MO 64116-2178 Jeffrey R. Boswell, Esq. Boswell, Tintner, Piccola & Wickersham 315 N Front St PO Box 741 Harrisburg, PA 17108-0741 Eric C. Rajala, Chapter 7 Trustee 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 3.70 Advertising 20.00 Law Library · 50 Prothonotary 1.00 Mileage .36.57 Misc. Surcharge $ 0.00 Levy /40.00 Post Pone Sale 30.00 Garnishee 9.00 Advance Costs: 225.00 Sheriff's Costs: 188.77 Refunded to Atty on 3/25/0.3 Sworn and Subscribed to before me this .~z~, day of ~~ Pr6thonotary So Answers; R. Thomas Kline, Sheriff