The URL can be used to link to this page

Home My WebLink About02-2356 . .'cOMMONWEALTH OF PENN' VANIA COUNTY OF: CUMBERLAND Mag_ Dist. No.: 09-3-01 DJ Name: Hen. HAROLD E. BENDER Add"" 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T"'ph", (717) 532-7676 17257-0361 SEARS,ROEBUCK & CO. C/O ED STOCK 1608 WALNUT ST 18TH FLR. PHILADELPHIA, PA 17103 NOTICE t JUDGMENT/TRANSCRIPT PLAINTIFF CIVI~M~'~~D~ESS Od.-" ~3~" 'sEARS, ROEBUCK & CO. I C/O ED STOCK 1608 WALNUT ST 18TH FLR. ~HILADELPHIA, PA 17103 ..J VS, DEFENDANT: NAME and ADDRESS 'THOMAS, JEFFREY E 107 HERSHEY RD SHIPPENSBURG, PA 17257 L Docket No.: CV- 0000065 - 02 Date Filed: 3/11/02 I ..J &~- ~ THIS IS TO NOTIFY YOU THAT: Judgment: D Judgment was entered for: THOMAS, JEFFREY E DISMTSSED WiD PREJUDTCR DEF 001 (Name) D Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) D Defendants are jointly and severally liable. D Damages will be assessed on: 00 This case dismissed without prejudice. D D D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Date: Place: Time: ----..--- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT tlY FluNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE:; OF APPEAl.. 53 ,O?- Date )/~Z- ~ , District justice Qate I certify that this is a true and correct copy of the record of the proceedings containing the judgment. , District Justice My commission expires first Monday of January, Aope 315,99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0;1. -;US'I::. e,u~l~ NOTICE OF APPEAL Notice is given that the appellant has filed in the abave Court of Camman Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned belew, NAME Of APPfLLANT SEARS, ROEBUCK & CD. AOllIlESS OF ""'{:m Fdward Stock, Esquire, 18th Fl., 1608 WJ:lnut st., I M1G OlSI NO O. NAME OF ~J. 9-3-1 Phila., ilX' 191 03 ZPCOOE n Of JlDGMENT 5/3/02 ClAIM NO IN THE CASE OF (Plairr/.iff) Sears, Roebuck & Co. "" SIGNATURE Of APPELLA (Defendant) ~~~ ~ LT This black will be signed ONLY when this nota~an is required und... Pc. R.CP J,P. 1oo8B. This Notice of Appeal. when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possessian in this case. Signature of Prothonotary or Deputy appe ant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fOffn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE. To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Name 01 appe//eeiS) ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ (Cammon Pleas No. Signature of appellant or his attorney or agent RULE. To Name of appeI/fHJfs) , appe/lee(s), (1) You are no~fied that a rule is hereby entered upon you to file 0 camploint in this appeal within twenty (20) days aft... the date of service of this rule upon you by personal service or by certified or registered maiL (2) ff you da not file a camplaint within this)me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. , ~. . .~ . (3) The date of service of this rule if s...vice~s by mail is tbe date of ";'iling. Date: SignahIe 01 ~ '" Doputy AOPC 312.90 COURT FILE TO BE FILED WITH PROTHONOTARY ~" ---.. ,~. .~ ..,'::.Jo./; ,.1'-"- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) DA YS AFTER filing the nollce of appeal. Check applicable boxes; COMMONWEALTH OF PENNSYLVANIA COUNTY ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Cornman. Pleas No, , upon :['l€ District JUStlcB d0S1fjnated thflrEWl on (datf) of service) , ,,:- - _. [J IYy personal service Dby {certltiedilreglsteradl mali. sender's receipt attached hereto. and upon the appellee (namo) . on ~ [] by personal sBrvice by (certified) (registered) mail, sende(s receipt attached hereto o and further that I served the Rule to File a Complaint accompanying the above Notice of Appea! upon the appellee{s) to whom the Rule was addressed on __._.~__~_,,_.__ , by personal service [J by (certified) tr(:gislElrnd) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _~ DAY OF _, Signature of Signature of offie/fi! before whom dffrd"vir Win mdOtJ rWe of offi0iai My commission expires on ~ (.:) :t ~ If !i ~ ~ 8 0 ~ N 0 lj " C) ;;:: -n ~ ~ ~co :J: ..... ~ 0 rn :b> ::r" 0 ::0 -< "'-ilF .... rf! , 65~' "Dm r- ~L w CO? ~ '';)0 ;;:::0 -0 ~lj ..,... ~8 ::Jl: ':i:! Qo $ ~ ~ om U1 ~ N -< . . ...-. ..... .' ._-~'. ~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prOof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal. Check applicable bOIlE/s) COMMONWEALTH OF PENflSYLVAN1A COUNTY OF PHILADELPHIA ; 8S AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. 02-2356 Civil ,~the District Justice designated therein on (date of service) Ma.y 16, :'.062- by personal service KI by (certified) (registered) mall, sender's receipt attached hereto, and upon the appellee, (name) Jeffrey E. Thanas , on May 16, 2002 _ 0 by personal service 0 by (certified) (registered) mail, sender's receiptattachEidherelo o and further that I served the Rule to File a Complaint accompanying the above Notioe of A pellee(s) to whom the Rule was addressed on by n rtiti I) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME I ,'1' " '.' . THIS '} .16~ //,~AY (~ loBy '.. ~~~~ </ ure of offiCial before whom attia'ai/it was made 2,002..._ NorMY PUBLIC My commi&sion e~pires 08 ~ ",.:<.' I ~i\ (~"':SIG ..1 .( ,'L;<:' ;:.,,' '6 d c r-) ;r "tl~, ~~r ~L:,J CPQ) -< ~-,..~ ~) zc .. ~;;:. t=:;> r:::c.,: ""-J -.. -'~ ~:'.,~ >0 :..2:( 7....::" ;c'; -,.-:::CJ L..) ~.;~ rn ;l:>C ;~':t Z :...> ::0 ~ P,) -< -, ". ';,:,"", ,c'. ,.~' .... COMMONWEALTH OF PENNSYLVANIA -_. ". - - COURT OF COMMON PLEAS NonCE OF APPEAL FROM .. JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D'). - ;(.3S b. f2J'1.) It ~Y; NOTICE OF APPEAL Notice is given that the appellant has filed in the qbove Court of C()n1fY1QnP!eos an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned belolo. 9":'3-1 18th Fi., 1608 J1nut St., l?hfla., ~~ 19103 ZI' CODE f:' I TE JUDGMENT 5/3/02 ClAIM NO. N THE "Sf Of (P'ainU") Sears, Roebuck & Co. ( DeIendIr>t) cv 65-02 LT !hit block wiD bl!, signed qNL V ~ this n9tqtiOllis req~red under p'a. llC.P.JJ!, 10088. > , .' This Notice. of Appeal. .~ recei~dby the District Justice. will opera~ as ..a SUPERSEDEAS to the judgment. for posses~ in this case. . :<<" '....-.r,...- ~.'"l!f";<';~;~,,:_~:,:. " , . " '...:~., . S;gn_ of Prothonotary (J{ Oepqty I I :!~ItfJI. " ., (This seiifion of. form . to be'1JSed" 'fI{!PeI/ant was DEFENDANT (see Pa .RC.P,J.P, No, ..' IF NOT USED, detach from ccpy of notice of appeal to be served upooappeJlee). I~ . fIIJlAECIPE: TOPlolhclnofory ,[' i1f f .CLA1MANf". (~';Pa. 'Pl'cP.J.P, No, 1001 (6) in action befOre District,,Justice, he MUST EILEA COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. Ehterrule upon 1001 (7) in action qeforeDistrict Justice, I~PfeasNc. ) within twenty {2()) doys offltrserYiceof tule Ol'SIlffer entry o.,~ Qf'nl)hplo~ S/gnatUfft()t~ or his attomey or agenl RULE: To ,~(S), j;l You. ant notified that 0 rtIIeis ~ en~ upon you to file 0 c~t in thi$~'.,~(2bjt'.~~d~~~,~Of ~e of this ru"upon. )'OIJbypel;$Ol'lO/ Sl!Fvict!or by elIrtified ~..~ tT\Oi~ ,'f",:~:~,,~,..,; ;"............--.~..,.'-'1.~.('f"i\".H';'",," 'i"<,'" ", ...., c. ../ .// . ' 12llfyoudQ /lOt fl.,o ~nt ""ithin this time, o)UDGMENTOf NON,1>tQS WILl8ffN.teRED AGlJNST YOU. e", ,.- "-"':~A"""'" ",-" . -,,',-, " ""', "~.,, -'; <:. -"'>/-,.< '" , ,.~'- I ~_~ l~} 1'I!edcmi9f seiYi!:eof this .uIe if.Yicewas by moil isthedQte oflT1Clil1~ ~ ' /~.;, ,,4 ';~' ~ . ~::~! \.<{f,-",~.;- ,~ ~....-_ 0Qte: i i t ~: , ? ,~'-' ~ /}-. COURT FlLE \ IT' CJ ..0 CJ nJ ::T r- m U,S, Postal Service " CERTIFIED MAIL RECEI (Domestic Mall Only, No !nsurdl1cc Co , Certified Fee IT' CJ CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) M;" C Plovldcd) ill J, ",*, t,,:: :;p.rtfrfr~d . 4 "',1'1 Mal' P · 4 U",i' Jg'3ceipt rOVides. . '-/Li~ (j~ . 1 SIQ~" -fJt1f!er f. . / ~ C't11r.'-'Ju arYoUr ' fper Id Pon del mal/Pie 'I"tl ~ Of d IlIe0' ce . ~ rtan, IT' ''JIll/Sf}' ka . t rt1fJ$cI /v7r"Oders.. 'Pt by the P. ee f, ail rrJdjr oiv OSta! S · <Vq/I 's n L'y be Co erv'Ce fOr tw %'ivc/t aVailable f. rnbtne,j With F: 0 Yea~ leiti;, COVE Or any I~t-CI ' consider 1AGc IS class Of Inter ass MaJ/ Or a fet. I"/surSci Or ~~O'VIDED natlOl1al mail Pnonty Mafl ;;;:,,381 'ff'it,lRt'i. t !l/Stered M,;:r Certl"~d .. / f-'Sce/'r-o lIS e IV/ail , · fry rees' "stUrn d l. FOr ,. Ipt, a 11 eipt~ to . ad S rye an ,7CiSIJ I ST/do al fee POStma. 0 e PDsta rOof Of · If r. "i9. oriZed' delillen, On YOur Cec~lIe a 'n ". a POSt eSt/let. Elgent.4 y may b 6rttfiect e I r;:~ett th':'j;~ on the C ed De/I~e;;'::ise the ~er~strjcte,j fc;>r . IlVIp pt is nOt ~t Office iort'flea M. . . r" Or mark to the IS I PS Fo~:~NT.' Sav:e~~:. rdefag~~~~i;:',t1! ~s desired pi the rnal/;;':g~e~Jg,etho; / 0, Jal)/.;,.=lr., ~ 8Ceinl _. 'X labi:>/. P'OSt".,_~ eR_C'~ .. 1 May 15, 2002 Hon. Harold E. Bender District Court 9-3-1 81 Walnut Bottom Road P.O. Box 361 Shippensburg, PA 17257 Mr. Jeffrey E. Thomas 107 Hershey Road Shippensburg, PA 17257 Re: Sears, Roebuck & Co. vs. Jeffrey E. Thomas District Court 9-3-1 No. CV-65-02 Court of Common Pleas Cumberland County No. 02-2356 Civil Term Dear Mr. Thomas: On behalf of the plaintiff, Sears, Roebuck & Co., enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas on May 13, 2002 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. May 15, 2002 Hon. Harold E. Bender District Court 9-3-1 81 Walnut Bottom Road P.O. Box 361 Shippensburg, PA 17257 Mr. Jeffrey E. Thomas 107 Hershey Road Shippensburg, PA 17257 Re: Sears, Roebuck & Co. vs. Jeffrey E. Thomas District Court 9-3-1 No. CV-65-02 Court of Common Pleas Cumberland County No. 02-2356 Civil Term Dear Sir: On behalf of the plaintiff, Sears, Roebuck & Co., enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas on May 13, 2002 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I L ! I EDWARD STOCK, ESQUIRE I.D. #13657 18th Floor 1608 Walnut Street Philadelphia., Pa 19103 (215)893-9322 Attorney for: Plaintiff SEARS, ROEBUCK AND CD., ASSIGNEE OF SEARS NATIrnAL BANK c/o Edward Stock, Esquire 18th Fl., 1608 Walnut st. Philadelphia, PA 19103 Plaintiff COURT OF COMMON PLEAS OF ClJMBERLAND COUNTY CIVIL ACTION - LAW vs. JEFFREY E. THCMAS 107 Hershey Road Shippensburg, PA 1 7257 NO. 02-2356 Civil Term Defendant , CIVIL AC!'I(JiI "NOTICE "A VISO "Le ban demandado a usted en 1a corte. Siusled quiere ,./ defenderse de lfstas demandas expuestas en las paginas siguientes. usted tiene veinte (20) dias de plazo al partir de 1a fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeci- ones alas demand as en contra de su persona. Sea avisado que si usted no se defiende. la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 nOOfi. cacio'n, Ademas, la corte puede decidira favor del deman- dante y requiere que usted cumpla con todas las provisiones de esta demanda, Usted puede perder dinero 0 sus propieda- des u otros derechos importantes para usted, "You have been sued in court. If you wish to defend against the claims set forth in the following pages, yo,u must take action within twenty (20) days after this complamt and notice are served. by entering a written appearance personally or by' attorney and filing in writing with the court your de- fenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose .Holley Uk "..S'oerty or other rights important to you. "LLEVE ESTA DEMANDA A UN ABOGADO INMED1ATA. MENTE, S1 NO TIENE ABOGADO 0 SI NO TIENE EL DIN- "YOU SHOULD TAkE THIS PAPER TO YOUR LAWYER ERO SUF1C1ENTE DE PAGAR TAL SERVICIO. VAYA EN AT ONCE. IF YOU Do NOT HAVE A LAWYER OR CAN- PERSONA 0 LLp.ME POR TELEFONO A LA OF1CINA NOT AFFOHD ONE, GO TO OR TELEPHONE THE OFFICE C;UYA PIRECC10N'SE . ENCU.E.N'l'R.A ESCRITA.... ABAJQ__i-., S!l;T,f'QR'J'l*~BFLfR,-TO 'FIND OUT WHERE'"YOUCAN PARA ., AVEiUGUAR DONDE SE PuEnE CONSEGUIR : Get LEGA.L HELp, ASISTENC1A LEGAL. LAWYER REFERENCE SERVICFS Office of the Court Administrator 4th Floor, One Courthouse Square Carlisie, PA 17013 (717) 240-6200 " \ \ EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia, PA 19103 (215) 893-9322 Attorney for Plaintiff SEARS, ROEBUCK AND CO., ASSIGNEE OF SEARS NATIONAL BANK c/o Edward Stock, Esquire 18th Floor 1608 Walnut Street Philadelphia, PA 19103 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 02-2356 Civil Term vs. JEFFREY E. THOMAS 107 Hershey Road Shippensburg, PA 17257 Defendant CIVIL ACTION COMPLAINT 1. Plaintiff, Sears, Roebuck and Co., lS the purchaser and assignee of the obligation under suit herein, and/or is the authorized representative of Sears National Bank or the servicer of a credit card account issued by Sears National Bank to the Defendant, herein, in accordance with a credit card agreement between Sears National Bank and the Defendant. 2. Plaintiff, Sears, Roebuck and Co., is a foreign corporation, and is authorized to conduct business in the Commonwealth of Pennsylvania. 3. The Defendant, Jeffrey E. Thomas, is an adult individual residing at the address contained in the above caption. 4. On sundry and various occasions, Defendant(s), with the use of a credit card issued by Sears National Bank, pursuant to their credit card agreement, made various purchases of goods and/or merchandise from Sears, Roebuck and Co. 5. The present outstanding balance which is due on the account is $2,504.20; and, although repeated requests and demands have been made upon the Defendant to satisfy the same in accordance with the terms and conditions of the credit card agreement, the Defendant has and still refuses to pay the same. 6. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Sears Roebuck and Co., as the assignee and/or purchaser of the credit card account with Sears National Bank, demands Judgment against the Defendant, Jeffrey E. Thomas, in the sum of ~- DATE: * ---.---.. $2,504.20, with interest . . VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. ED (") c <"" ""'0[1-:; r1'rn Z::r' 7~' 0] .': -~~ ""-~ r..C.i ~- )>(~ Z_' >(1 c. z ~ o f'V o -Ii ..... -~.... ;.pfJ -< N CO ::D r.-- in "::1 ~C) I~ -, l (5 ;1:-2 .._"'l.. .J (~jrn --1 )> :0 -< J:,.. ::Ii: 23 ,;:- (:::> THOMAS DERRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BEATRICE A. WARD, Defendant NO. 02-2656 EQUITY TERM ORDER OF COURT AND NOW, this 25th day of July, 2002, upon consideration of Plaintiff's Petition for Preliminary Injunction, and pursuant to an agreement reached in open court between the parties and their respective counsel, Jordan D. Cunningham, Esquire, on behalf of the Plaintiff, and Norman M. Yoffee, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. Plaintiff over the course of the next 20 days shall have the right to enter upon the property four separate occasions, conditioned upon giving Defendant's counsel 48 hours advance notice of the intent to enter onto the property. The purpose of entering onto the property is to retrieve Plaintiff's personal goods. 2. Notice shall be given to Defendant's counsel by Plaintiff's counsel by telephone, telefax or bye-mail or any other form of personal communication. 3. The first such entry onto the property will occur Saturday, July 27, 2002, at 3:00 p.m. 4. Defendant has represented to Plaintiff that all of Plaintiff's personal goods, with the exception of a mattress and box spring, are still located within the demised premises and will be available for inventory and pick-up, transportation by the Plaintiff. 5. All such visitations or entries onto the property by the Plaintiff will occur during normal routine business hours, V: NV/\:1ASNN3d }\lNn;J~~.' fl\ ",r):::::'01,r'\in8 9TJ :5 I!~ 62 -mr 20 ^HV'LCi"jnl~J".J ~,i~ .:10 =JH_~o-U3ld that being from 9:00 a.m. to 8:00 p.m. prevailing time. 6. Upon the last of the four separate times that the Plaintiff would come onto the property, any materials left on the property, personal possessions, shall be deemed abandoned. 7. In the alternative, if the four separate visitations to the properties have not occurred and 20 days has elapsed, any personal property remaining in the demised premises after the 20 days from today's date shall be deemed abandoned and become the personal property of the Defendant. 8. Finally, this agreement is without prejudice to either of the parties to any claims or counterclaims which may be still pending in the underlying action. By the Court, Jordan D. cunningham, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 For the Plaintiff Norman M. Yoffee, Esquire 214 Senate Avenue suite 203 Camp Hill, PA 17011 For the Defendant ~ ~ /),-'-9.0.2.- Q- pcb BOSCOV'S DEPARTMENT STORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. 02-2326 Civil Term ROBERT JONES KENDRA L. JONES Defendant/s CIVIL ACTION LAW Would you please satisfy the judgment against the defendant/s in the above captioned matter. Plaintiff and all costs have been paid. To prothontary October 21, 2002 Q-~I ~ Attorney for Plaintiff (') c <" -0 co mE;:-.l ......:::..--A,. :Zt:, if) '.' -<:'_:_- r;: L"] ~('-., ~C; )>'C ~ <::) N <::) C") -f N (.,,) ~ :~ . ;',::n , "r- orn ';'iT -'.::..0 ""~I, , \:n ''':'0 ~;~rn ~ -< -0 :Ji:: ':~ C"" (:::> v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3365 CIVIL TERM HAUBERT HOMES, INC., Plaintiff ANN M. GATES, Defendant IN RE: DISCUSSION IN JUDGE OLER'S CHAMBERS Proceedings held before the HONORABLE J. WESLEY OLER, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, May 24, 2004. APPEARANCES: DAVID A. FITZSIMONS, Esquire For the Plaintiff SCOTT A. STEIN, Esquire For the Defendant 1 Monday, May 24, 2004 2 3:10 p.m. 3 THE COURT: This is the case of Haubert, 4 H-a-u-b-e-r-t, Homes, Inc., v. Ann M. Gates, at number 5 02-3365 Civil Term. We will let the record indicate that 6 counsel for the Plaintiff, David A. Fitzsimons, Esquire, and 7 counsel for Defendant, Scott A. Stein, Esquire, are present 8 in chambers. 9 The Court understands that this case, which 10 involves a claim and counterclaim, is in the process of 11 being resolved and that counsel wish to state for the record 12 the general terms of the resolution. 13 The Court further understands that these 14 terms will be reduced to writing by counsel and will be 15 entered of record subsequently. 16 Mr. Fitzsimons, or, Mr. Stein, do you want to 17 dictate not an Order, but simply the general terms of the 18 agreement? And then I will enter an Order canceling the 19 non-jury trial which has been scheduled, and that will 20 conclude the proceeding. 21 MR. FITZSIMONS: Thank you, Your Honor. The 22 parties have agreed to a settlement agreement of a mutual 23 general release currently in draft. And the details are 24 worked out where Haubert Homes will accept payment of 25 $105,000.00 from Mrs. Gates, and Haubert Homes is agreeing 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to cooperate with the Gates' in providing documentation for applications to the Veterans Administration for reimbursement of certain aspects of the construction of the home relating to V.A. compliance that the Veterans Administration may reimburse the Gates for. Haubert Homes, if it is required to be the recipient of any such funds, acknowledges that it is receiving payment for the work in this settlement and will return or pass on those funds to the Gates under whatever structure the Federal Government regulations require and allow. In effect, we have a mutual release and exchange of considerations. The only matter not released, of course, would be any prospective release of latent defects in the construction not readily apparent or available or viewable at the time of the release. The payment will be made thirty days from the date of execution of the agreement as Mr. Gates makes arrangements with his finance company. Is that fair enough? THE COURT: Mr. Stein, is that satisfactory to you and your client? MR. STEIN: Yes. The only thing, what about the drawings? MR. FITZSIMONS: I'm sorry. We are going to 3 1 provide actually an electronic file on disk of the drawings 2 for the house so that the Gates' retained engineer can 3 complete as built for transmittal to the Veterans 4 Administration as part of the application for payment. 5 Thanks, I forgot about that. 6 MR. STEIN: Sure. 7 THE COURT: With that addendum, Mr. Stein, is 8 that resolution satisfactory to you and your client? 9 MR. STEIN: It is. 10 THE COURT: And, Mr. Fitzsimons, is it 11 satisfactory to you and your client? 12 MR. FITZSIMONS: Yes, Your Honor. 13 THE COURT: We will enter this Order. 14 AND NOW, this 24th day of May, 2004, upon 15 consideration of Plaintiff's complaint in the 16 above-captioned matter and of Defendant's counterclaim, and 17 following a conference in chambers in which Plaintiff was 18 represented by David A. Fitzsimons, Esquire, and Defendant 19 was represented by Scott A. Stein, Esquire, and at which the 20 terms of a resolution of the complaint and counterclaim were 21 placed on the record by counsel with the understanding that 22 the agreement will be reduced to writing and filed of 23 record, and pursuant to an agreement of counsel, the 24 non-jury trial scheduled in this matter is canceled. 25 (Whereupon, the proceeding was concluded.) 4 1 2 3 4 CERTIFICATION 5 I hereby certify that the proceedings are 6 contained fully and accurately in the notes taken by me on 7 the above cause, and that this is a correct transcript of 8 same. 9 10 11 12 13 14 15 - - - - - - - - - - - - - - - - - - - - - 16 17 18 The foregoing record of the proceedings on 19 the hearing of the within matter is hereby approved and 20 directed to be filed. 21 ...., 22 23 ~".Jl(' ?t ) <>.;l 'i Date 24 25 5 I : ~ I\.U :V\) I C; : I' "",} ..... I... i;.t;'r '0i'l7 b- i':; I ~LHJI.t P~>" I ( "\" ,I t I (','~.j -=1',11 :10 ,..,.1, ..,...1..__)'-,1'_ ..J, J~)i,:!.:10-Q]lLj STOCK & GRIMES, LLP BY: Edward Stock, Esquire I,D, #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff SEARS, ROEBUCK AND CO., ASSIGNEE OF SEARS NATIONAL BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO, 02 -2356 vs, JEFFREY E, THOMAS Defendant(s) CERTIFICATE OF SERVICE I, EDWARD STOCK, ESQUIRE, certify that I am the Attorney for the Plaintiff herein and that I served a true and correct copy of the Civil Action Complaint filed herein upon the Defendants by mailing the same to he on May 31, 2002, First Class Mail which was deposited with the United States Post Office to the following address: Jeffrey E, Thomas 107 Hershey Road Shippensburg, PA 17252 DATE:~- '') '- Received From: Affix fee here in stamps or meter pO$tage end post mark. Inquire of Postmaster fOt current fee. u.s. pi STAl SERVICE CERTIFICATE OF MAILING MAY E I" ") FOR DOMESTIC AND INTEANA TIONAL MAll, DOES NOT PR IDE. INSURANCE-POSTMASTER EDWARD STOCK~, ^S~nr.IATFS liP 18TH FLOOR \ l I' i , '--C :'/ I '; , 'I' il. ,L i,~'" '....L..1/ . ) ! j / /./ PS FOrm 3817, Mar. 1989 '- ) \ ( , " , STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D,#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 SEARS, ROEBUCK AND CO., ASSIGNEE OF SEARS NATIONAL BANK c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff vs, JEFFREY E, THOMAS 107 Hershey Road Shippensburg, PA 17252 Defendant(s) Attorney for P16intiff COURT OF COMMON PLEAS CUMBERLAND COUN Y CIVIL ACTION-LA NO. 02-2356 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of t e Plaintiff, Sears, Roebuck and Co., Assignee of Sears National Bank, and against the Defendant(s), effrey E. Thomas, for failure to Answer the Civil Actio Complaint, Assess Plaintiff's damages in the sum of $2,504,20 in accordance with the prayer of t e Complaint, DATE: ~;~S' / E AFFIDAVIT OF NON MILITARY SERVICE Edward Stock, Esquire, being duly sworn according to law, depose and says: (a) That the Defendant(s) is/are not in the Military or Naval Servic of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Jeffrey E. Thomas, is approximately 40 years fage, resides at 107 Hershey Road, Shippensburg, P A 17252, and is self-employed, (c) That Defendant, , is approximately 40 years of age, resides at , and is a housewife. Affiant has ascertained the foregoing information by personal inves igation and makes this Affidavit in due authority; and he understands that the statements herei are made subject to the penalties of 18 Pa. C,S, See, 4904, relating to unsworn falsification to a thorities, '-- /.. SEARS, ROEBUCK AND CO., ASSIGNEE OF SEARS NATIONAL BANK COURT OF COMMON PLEAS CUMBERLAND COUN Y CIVIL ACTION-LA Plaintiff NO. 02-2356 vs JEFFREY E, THOMAS Defendant(s) CERTIFICATION UNDER PA. R.C.P. 237,1 EDWARD STOCK, ESQUIRE, Attorney for Plai tiff, Sears, Roebuck and Co., Assignee of Sears Nat onal Bank, certifies that he sent a copy of the at ached Notice on July 2, 2002 by regular mail, to th Defendant(s) at the address at which the Defe dant(s) was/were served with a copy of the Complaint y the First Class Mail as indicated by the Certific te of Service filed with the court, ...-"'r"-- / / ......./ " / DATE: ,~b?J~ EDWARD Attorney f SEARS, ROEBUCK AND CO., ASSIGNEE OF SEARS NATIONAL BANK \ I COURT OF COMN10N P,""EAS .~ C~UNTY , Plaintiff vs. JEFFREY E. THOMAS Defendant(s) NO. 02-2356 Ci il Term TO: Jeffrey E. Thanas 107 Hershey Road Shippensburg, PA 17257 DATE: July 2, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO T REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WIT FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE NTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOST YOUR PR PERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NO ICE TO A lAWYER AT ONCE. IF YOU DO NOT HAVE A lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOllOWING OFFICE TO FIND UT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERENCE SERVICES Office of the Court Administl:-ator 4th Fl., One Courthouse "Square Carlisle, PA 17013 (717) 240-6200 . AVISO IMPORTANTE USTED ESTA EN REBElDIA PORQUE HA FALLADO EN TOM S LA ACCTION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA SE ESTE AVISO, SE UEDE REGISTRAR EN SENTENCIA CONTRA USED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPOEDAD 0 OTROS DERECHOS 1M ORTANTES. USTED DEBE LLEVAR AVISO A UN ABOGADO ENSEGUIDA. SI USED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVI 10S DE UN ABAGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICI A PARA AVERIGUAR DON DE PUEDE OBTENER AYUDA LEGAL: SERVICIO DE REFERENCIA LEGAL Office of the Court Administrator 4th Fl.; One Courthouse Square Carlisle, PA 17013 (717) 240-6200 EDWARD STOCK, 18th Floor 1608 Walnut Street Philadelphia, Pa. 1903 (215) 893-9322 (.) ~ cP~'lg ~~~~ f ~ ~ ~ ~ -- l -r- \lS '-...C.... ~ ~ l' .-~ -.-\ c--, , , ", .) ~~+~ \"-:.. , \....". -