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Home My WebLink About06-2783 COUNTY OF: CUjWXRLA'W Mag. Dist. No.: 09-3-03 MDJ Name. Hon. SUSAN X. DAY Addass; .229 KILL ST, SOX 167 KT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 COMMONWEALTH OF PENNSYLVANIA REGENCY WOODS NORTH K. H. P. 7099 CARLISLE PIKE CARLISLE, PA 17013 y1o. o G • ? 7 ?? ? TNOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rREAENCY WOODS NORTH K. H. P. 7099 CARLISLE PIKE CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rHRETZ, JAKES & ISA ETAL, Hsss ', ler La L ? EHa)4 ? PA ?ro?J Docket No.: LT-0000292-05 Date Filed: 9/16/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIHF ?X Judgment was entered for: (Name) REGENCY WOODS NORTH K. H. P. Judgment was entered against HRET& JAKES & ISA ETAL in a ® Landlord/Tenant action in the amount of $ 994.09 on 9/30/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 300 00. The total amount of the Security Deposit is $ .00 Total Amount Established b MDJ Less - Security Deposit ApDlied = Adjudicated Amount Rent in Arrears $ 85.96 - $ .00 $ 885.96 Physical Damages Leasehold Property $ .00 - $ :00-= 00 = $ .00 Damages/Unjust Detention $ 00 - $ $ -00 r Less Amt Due Defendant from Cross Complaint - $ • 00 Interest (if provided by lease) $ 00 L/T Judgment Amount $ 885.96 Attachment Prohibited/ Judgment Costs $ 108.13 42 Pa.C.S. § 8127 Attorney Fees $ -00 This case dismissed without prejudice. Total Judgment $ 994.09 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total, $ ® Possession granted if money judgment is no satisfied by time o evict ion. Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A. RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE :A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. n THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. I. EXCEPT AS OTHERWISE; PROVIDED IN THERU,LES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT. y HOLDER ELECT&TO ENTER THE JUDGMENT IN TH€.COURT,OF;.S ON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS ANp,NORTNEp•,PROCESS MAY YE MAGISTERIAL DISTRICT JUDGE UNLESS THE Jt1DGMN 1?S NYED VN'THE COCIRT OF C PLW"AjFYON,E INTERESTED IN THE JUDGMENT MAY FILE A AiWq T 5QR N 2I OA 1SFA?TI 0.GIS ERtAL ftr: CT fUj3GEJF THE JUDGMENT DEBTOR PAYS IN FULL, ^T` tT ";ETTf.°E?S; 6Lf?GYALJES J'l?7"EI?'I""• " ,'. . ; , , a LII' (gp Date My commission expires AO C 315A-0 ,2010. srial District SEAL v ? b c o ? T Z. U : 1+. -c M ;p p Am C.- 4 _ r F y F '< ., w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL OP41SION PRAECIPE FOR WRIT OF EXECUTION Caption: Current Addresses: Regency Woods North MHP 130 Rex Drive Carlisle, PA 17013 Vs. Bretz, James S Isa 4555 Deimler LAne Enola, PA 17025 TO THE PROTHONOTARY OF THE SAID COURT: (X) Confessed Judgment ( ) Other File No. C G'- -2 7 F3 Amount Due _... 994.09 Interest Atty's Comm . Costs The undersigned hereby cerfifes that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1965 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, Interest and costs, upon the following described property of the defendant(s) . County, All personal property located at 4555 Daimler Lane, Enola, PA 17025 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt. interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No. eL-?- Kollas 1104 Fernwood Ave. Ate-104 Camp Hill, PA. 17013 Re e r Woods N to MHP 717_444i-1600 (over) *_ H ? C lr, 0, C-- cn oil - r -'; ma c c- 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2783 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Regency Woods North MHP 130 Rex Drive Carlisle, Pa 17013 Plaintiff (s) From James & Isa Bretz 4555 Deimler Lane, Enola, Pa. 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property located at 4555 Deimler Lane, Enola, Pa. 17025. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$994.09 Interest Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: May 16, 2006 L.L.$0.50 Due Prothy $1.00 Other Costs C?TIS R. L NG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name James Kollas Esq Address: 1104 Fernwood Ave., Ste 104 Attorney for: Plaintiff Telephone: 717-731-1600 Supreme Court ID No. 81959 11 a R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 19.89 .50 1.00 12.32 30.00 20.00 101.71 ??,,, ?-a7.oc. Pd by Defendant G C, So Answer Th mas Kline, Sheriff V, Claudia A. Br"Iwalr 1. ? 4 :6 b b I A q 4001 Vu fiIi;''Iluj ur! v' "J t slii. AI83HS 111 j0 3313. 0 i'? S WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2783 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Regency Woods North MHP 130 Rex Drive Carlisle, Pa 17013 Plaintiff (s) From James & Isa Bretz 4555 Deimler Lane, Enola, Pa. 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property located at 4555 Deimler Lane, Enola, Pa. 17025. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify 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 of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$994.09 Interest Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: May 16, 2006 (Seal) L.L.$0.50 Due Prothy $1.00 Other Costs C TIS K LO G Prothonotary By: Deputy REQUESTING PARTY: Name James Kollas Esq Address: 1104 Fernwood Ave., Ste 104 Attorney for: Plaintiff Telephone: 717-731-1600 Supreme Court ID No. 81959 s DISTRIBUTION ATTY FOR PLTFF: James Kollas WRIT NO. 2006-2783 Civil Regency Woods North MHP -vs- James & Isa Bretz Real Debt $ 994.09 Interest Attorney's Comm. Writ Costs, Atty 36.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1030.84 Sheriff's Costs: Docketing $ 18.00 Poundage 19.89 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 12.32 Postage Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee Levy 20.00 TOTAL $ 101.71 Defendant Paid to Sheriff $ 1132.55 Advance Costs 150.00 Total Collected $ 1282.55 DISTRIBUTION Pd. To Pltff. $ 1030.84 Refund of Adv. Costs 150.00 Pd. To Prothonotary 1.50 So Answers: R. Thomas Kline, heriff By ?. KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 ?Y: MARK J. HERMANOVICH ATTY. I.D. NO. 200812 630 WEST GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ATTORNEY FOR DEFENDANTS, ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC JURY TRIAL DEMANDED CENTER, LTD. ; Defendants REPLY OF DEFENDANT, ROBERT P. BORAN, JR., M.D., TO THE CROSSCLAIM OF DEFENDANT APPALACHIAN ORTHOPEDIC CENTER. LTD Defendant, Robert P. Boran, Jr., M.D., by and through his counsel, Kilcoyne & Nesbitt, LLC, hereby file this Reply to the Crossclaim of Defendant, Appalachian Orthopedic Center, Ltd., and avers the following: PARTIES 1. Admitted under information and belief. 2. Admitted. 3. Admitted under information and belief. COUNT I - CROSSCLAIM (Appalachian Orthopedic Center, Ltd.) 4. Defendant, Robert P. Boran, Jr., M.D., incorporates by reference paragraphs 1 through 3 inclusive as though fully set forth at length herein. 5. Admitted. 6. Admitted that Plaintiff's cause of action is stated in its Complaint, which is a writing that speaks for itself. Plaintiff's Complaint is incorporated, without admission or adoption, as if the same were more fully set forth at length herein. 7. Admitted. 8-11. Denied. The allegations contained in paragraphs eight (8) through and including eleven (11) of the Crossclaim of Defendant, Appalachian Orthopedic Center, Ltd., are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if necessary. WHEREFORE, Defendant, Robert P. Boran, Jr., M.D., respectfully request that this Honorable Court enter judgment in his favor and against Plaintiff and Appalachian Orthopedic Center, Ltd. KILCOYNE & NESBITT, LLC By: ZIX/ JOHN F. MCGREEVE , ESQUIRE MARK J. HERMANOVICH, ESQUIRE Attorney for Defendants, Robert P. Boran, Jr., M.D. DATE: Q2 VERIFICATION I, Mark J. Hermanovich, Esquire, hereby depose and state that I am the attorney for the Defendant, Robert P. Boran, Jr., M.D., in the action herein, that I have reviewed the foregoing Reply to the Crossclaim of Defendant, Appalachian Orthopedic Center, Ltd., and that the facts contained therein are true and correct to the best of my information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. MARK J. HERMANOVICH, ESQUIRE Date:?1 U q KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 BY: MARK J. HERMANOVICH ATTY. I.D. NO. 200812 630 WEST GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANTS, ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark J. Hermanovich, Esquire, attorney for Defendant, Robert P. Boran, Jr., M.D., hereby certify that a true and correct copy of the foregoing Reply to the Crossclaim of Defendant, Appalachian Orthopedic Center, Ltd., were served on all counsel of record by First Class Mail, postage prepaid on the date below: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 DATE: fr' ?? O 9 KILCOYNE & NESBITT, L C BY: L? MARK J. HERMANOVICH, ESQUIRE O"E 3Y 2009 SE P 214 Ill i : '" ! stir