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HomeMy WebLinkAbout02-2319 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. No. 02-2319 Civil Term PRAECIPE TO FILE A PROOF OF MAILING OF NOTICE OF FILING OF FOREIGN JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. § 4306, PlaintiffBMW Financial Services NA, LLC hereby notifies the Court that on May 13, 2002, Plaintiff's Counsel, Reed Smith LLP caused to be mailed, by Federal Express, a Notice Of Filing Of Foreign Judgment to Defendant Timothy H. Freeman. A copy of this Notice Of Filing Of Foreign Judgment is attached hereto. Respectfully submitted, E ' a.l~th F. Abrams Identification No. 86525 REED SMITH LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 851-8100 Attorney for Plaintiff BMW Financial Services NA, LLC Dated: May 13, 2002 ,CERTIFICATE OF SERVICE I hereby certify that on this 13th day of May, 2002, I caused a tree and correct copy of the foregoing Praecipe to File a Proof of Mailing of Notice of Filing of Foreign Judgment to be served via Federal Express upon the following: Timothy H. Freeman 82 Winter Lane Enola, PA 17013 ]~lizab~th F. Abrams PHLUI~0510412.0 I-EFABRAM5 May 13, 2002 10:,~OAM CUMBERLAND COUNTY, P~q-N~ BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. Civil Action No. : i -. PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. § 4306, kindly enter and index judgment against the Defendant in the amount of $11,329.21, in accordance with: (1) the attached exemplified and certified copy of the foreign judgment filed on February 12, 2002, in favor of PlaintiffBMW Financial Services NA, LLC, and against Defendant Timothy H. Freeman for the total sum of $11,329.21 plus interest thereon accruing from March 29, 2001 until paid in full at the rate of 6.9 percent, in an action captioned BMW Financial Services NA, LLC v. Timothy H. Freeman, No. 2001-CP-23-6424, in the Court of Common Pleas of the State of South Carolina, County of Greenville; (2) the attached exemplified and certified copy of the docket entries incidental to the foreign judgment; Exhibit A STATE OF SOUTH CAROLINA ) } COUNTY OF GREENVILLE ) EXEMPLIFIED COPY OF RECORD I Paul B. Wickensimer, Clerk of the Court of Common Pleas, General Sessions, and Family Courts in and for the County of Greenville, State of South Carolina having by law the custody of the seal and aH the records, books, documents and papers of, or apper~ining to said Court, do hereby certify that the foregoing papers are true copies of papers appertaining to said Court, and OR file or of record in the office of said Corot, all of which we have caused by these presents to be exemplified, and the seal of our said Court to be hereunto affixed. the In Wimess Whereof, I have hereunto set my hand and affixed the official Seal of said Corot, on / ? d yof Apr±l ,20 02 Clerk of the Court of Common Pleas, General Sessions and Family Courts for Greenville County, South Carolina I, La try R. Patterson , Judge of the .Thirteenth Judicial Circuit ia and for the Coun~ of Greenville,-State of South Carolina do here~ certifi, that Paul B xm_,.__.- ~ e,,~,~, ,~ ~u~nv~u m me preceamg exempl/ficatmn, is the Clerk of said Court of Commun Pleas, General Sessions and Family Courts of the County of Greenville, State of Sunth Carolina, and that fifll faith and credit are due to his official acts. I further certify thor the seal affixed to the exemplification is the seal of our said Courts, and that the attestation is in due form, and according to the form of attestation used ia this State. I, Paul B. Wickensimer, Clerk of Court of Common Pleas, General Sessions and Family Courts in and for the County of Greenville, State of South Carolina, do hereby c~ify that HONORABLE Larry R. Patterson whose name is subscribed to the preceding c~tificate, is the Presiding Judge of said Court, duly elected, sworn and qualified, and that the signature of said Judge to said certificate is genuine. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said Court, this _.!~-~ dayof April ,20 02 . Clerk of the Court of Co,ninon Pleas, General Sessions and Family Courts Greenville County, South Carolina STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE BMW Financial Services NA, LLC, Plaintiff, V. T'maothy H. Fr~rnan, IN THE COURT OF COMMON PLEAS CASE NUMB~00IzCI~.23~)424. ) ) ) r,n [jTE ) ) ORDER OF DEFA~AND ~GMENT Defendant. ) v'~ ) :- ~'~' -0 IT being made to appear to me that the Summons and Complaint m the ?~bove envied action having been personally served on the Defendant in the within cause of action more than thirty days ago as may be seen by the records filed with the Clerk, and that no'Notice of Appearance or other Pleading has been received or served in response thereto as may be seen by reference to the Affidavit of Plaintiff's attorney, now therefore, upon motion of the attorneys for Plaintiff, the Defendant below named is hereby declared to be in default. UPON EURTHER MOTION ofBernstein & Bernstein, P.A., Plaintiff's attorney, it is hereby adjudged that the Plaintiffherein have Judgment against the Defendant Timothy H. Freeman in the principal sum of$11,329.21, with interest accruing thereon at the rate of 6.9% from March 26, 2001 until paid in full. This court hereby retains jurisdiction to award attorneys fees and costs under the contract between the parties. IT IS SO ORDERED this day of ~ / [ ,2002 at Greenville, South Carolina. A Certified Copy Clerk of Court C.P. & G.S. Greenville County, SC Pt;esi~ing Ju~dge--- Greenville County Court of Common Pleas Exhibit B CC8525R DISPLAY GREENVILLE COUNTY CLERK OF COURT Display Case History by Date Case: Date ~1CP23~6424 Filed: 1~/16/~1 Judge Type/Sub : CP NONEY DENAND Aged: LITIGANT: ALL ***** CASE FILE INFORNATION Case type: COMNON PLEAS BNN FINANCIAL SERVICES NA LLC MONEY DENAND VS TIMOTHY H FREENAN Filing Type: NON JURY Status: JU Priority: N Location: CLERK'S OFFICE ***** CIVIL DISPOSITION ***** Dlsp Judge : PATTERSON, LARRY Disposition: DEFAULT/OR UNCONTESTED ***** PARTIES FILE INFORNATION ***** PLAINTIFF Bm FINANCIAL SERVICES NA LLC PLAINTIFF ATT BERNSTEIN, ROBERT ALAN F3=Exit 4/29/~2 9:41:13 119 Status: J Type Filed: 1~/16/~1 Disp: 2/12/~2 I certify that this is a true copy of the computer screens of our case management system in case #01CP2306424 Paul B. Wickensimer , Clerk of Court ~ Date ~C--~9--0~)_~ CC8525R DISPLAY GREENVILLE COUNTY CLERK OF COURT D~splay Case H~story by Date Case: ~1CP23~6424 F~led: 10/16/~1 Judge Date . . : Type/Sub : CP NONEY DENAND PARTIES FILE INFORMATION FREEMANs TIMOTHY H DEFENDANT ***** ADDITIONAL INFOR~TION BY DATE ***** ~225~2 EXECUTION ISSUED ~212~2 AFF SER S/C UPON TIMOTHNY H FREENAN 11/20/~1 ~212~2 JUDGMENT BY DEFAULT 1~16~1 SUMMONS & COMPLAINT - NON JURY Aged: 4/29/~2 9:41:29 119 Status: J Type e2 F3=Ex[t Exhibit C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. Civil Action No. : : . : STATE OF OHIO ) ) COUNTY OF GREENVILLE ) CASE NO: 2001-CP-23-6424 I, Rhonda L. Jewett, being duly sworn according to law, hereby depose and state the following: 1. I am a Bankruptcy/Replevin Specialist for BMW Financial Services NA, LLC, Plaintiff and judgment creditor in the above-captioned matter. 2. I am authorized to make this Affidavit on behalf of BMW Financial Services NA, LLC. 3. The address of Plaintiff, BMW Financial Services NA, LLC is 5515 Parkcenter Circle, Dublin, OH 43017. 4. The last known address of Defendant, judgment debtor Timothy H. Freeman, is 82 Winter Lane, Enola, PA 17025. 5. The Judgment reflected by Case No. 2001-CP-23-6424 of the Court of Common Pleas of South Carolina, County of Greenville, is in the amount of$11,329.21, and is valid, enforceable, and unsatisfied. R_honda L. Jewett~___~) - SWORN to me al~ S. uJ~ribed be, fore me Lb_is {r-~,;i~.iO.l? of -2- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. Civil Action No. .' . .' : . NOTICE OF FILING OF FOREIGN JUDGMENT TO: Defendant Timothy H. Freeman 82 Winter Lane Enola, PA 17013 Pursuant to the Unifoim Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. § 4306, you are hereby notified that there was filed in this office today, in the above captioned case, a certified and exemplified copy of a foreign judgment fi.om the Court of Common Pleas of South Carolina, County of Greenville, in the amount of $11,329.21, with interest thereon accruing at the rate of 6.9 percent fi.om March 26, 2001 until paid in full, against Defendant Timothy H. Freeman and in favor of PlaintiffBMW Financial Services NA, LLC, 5515 Parkcenter Circle, Dublin, Ohio 43017. A copy of this foreign judgment is attached hereto. Plaintiff is represented in this matter by Elizabeth F. Abrams, Reed Smith LLP, 2500 One Liberty Place, 1650 Market Street, Philadelphia PA 19103. Dated: May ?o ? , 2002 PROTHONOTARY CERTIFICATE OF SERVICE I hereby certify that, on this 9th day of May, 2002, I caused a true and correct copy of the foregoing Notice of Filing of Foreign Judgment and Praecipe to File and Index Foreign Judgment to be served via first class United States mail, postage prepaid upon the following: Timothy H. Freeman 82 Winter Lane Enola, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, : 5515 Parkcenter Circle : Dublin, OH 43017, : .' Plaintiff, : . V. : : TIMOTHY H. FREEMAN : 82 Winter Lane : Enola, PA 17013 : : Defendant. : . Civil Action No. PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. § 4306, kindly enter and index judgment against the Defendant in the mount of $11,329.21, in accordance with: (1) the attached exemplified and certified copy of the foreign judgment filed on February 12, 2002, in favor of PlaintiffBMW Financial Services NA, LLC, and against Defendant Timothy H. Freeman for the total sum orS11,329.21 plus interest thereon accruing from March 29, 2001 until paid in full at the rate of 6.9 percent, in an action captioned BMW Financial Services NA, LLC v. Timothy H. Freeman. No. 2001-CP-23-6424, in the Court of Common Pleas of the State of South Carolina, County of Greenville; (2) the attached exemplified and certified copy of the docket entries incidental to the foreign judgment; PHLLI~0510404 0 J -EFABRAM$ May 9, 2002 9:01 AM Exhibit A STATE OF SOUTH CAROLINA ) } EXEMPLIFIED COPY OF RECORD COUNTY OF GREENVILLE ) I Paul B. Wickensimcr, Clerk of the Coua of Common Pleas, General Sessions, and Family Courts in and for the County of Greenville, State of South Carolina, having by law the custody of the seal and all the records, books, documents and papers of, or appertaining to said Court, do hereby certify that the foregoing papers are true copies of papers appertaining to said Court, and on file or of record in the office of said Court, all of which we have caused by these presents to be exemplified, and the seal of our said Court to be hereunto affixed. In Wimess Whereof, I have hereunto set my hand and affixed the official Seal of said CouP, on th~ \ ~--- dayof April ,20 02 Clerk of the Court of Common Pleas, General Sessions and Family Courts for Greenville County, South Carolina I, Larry R. Patterson , Judge of the Thffteenth Judicial Circuit in and for the Co,,nty of Greenville, State of South Carolina, do hereby certify that Paul B. Wickensimer, whose signature is subscribed to the preceding exemplification, is the Clerk of said Court of Common Pleas, General Sessions and Family Courts of the County of Greenville, State of South Carolina, and that full faith and credit are due to his official acts. I further certify that the seal affixed to the exemplification is the seal of our said Courts, and that the attestation is in due form, and agcording to the form of attestation used in this State. Dated at Greenville, South Carolina, this J ge 6C e mh th Ju -al Court for Oi-cenville County, South Carolina I, Paul B. Wickensimer, Clerk of Court of Common Pleas, General Sessions and Family Courts in and for the County of Greenville, State of South Carolina, do hereby certify that HONORABLE Larry R. Patterson whose Name is subscribed to the preceding certificate, is the Presiding Judge of said Court, duly elected, sworn and qu_alified, and that the signature of said Judge to said certificate is genuine. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said Court, this ~-~ dayof April ,20 02 ' - Clerk of the Court of Common Pleas, General Sessions and Family Courts Greenville County, South Carolina STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE IN THE COURT OF COMMON PLEAS CASE N-UMB~I".:C~23~6424 BMW Financial Services NA, LLC, Plaintiff, V. Timothy H. Freeman, Defendant. IT being made to appear to me that the Summons and Complaint i~ the'~bove ended action having been personally served on the Defendant in the within cause of action more than thirty days ago as may be seen by the records filed with the Clerk, and that no Notice of Appearance or other Pleading has been received or served in response thereto as may be seen by reference to the Affidavit of Plaintiff's attorney, now therefore, upon motion of the attorneys for Plaintiff, the Defendant below named is hereby declared to be in default. UPON EURTHER MOTION ofBernstein & Bernstein, P.A., Plaintiffs attorney, it is hereby adjudged that the Plaintiff herein have Judgment against the Defendant Timothy H. Freeman in the principal sum of $11,329.21, with interest accruing thereon at the rate of 6.9% from March 26, 2001 until paid in full. This court hereby retains jurisdiction to award attorneys fees and costs under the contract between the parties. IT IS SO ORDERED this day of ,2002 at Greenville, South Carolina. A Certtfl~d Cop}, Clerk of Court C.P. & G.S. Greenville County, SC b Pres~&ng Judge Greenville County Court of Common Pleas Exhibit B CCSS25R Case Dar e DISPLAY GREENVILLE COUNTY CLERK OF COURT Display Case History by Date ~1CP23~6424 Filed: 1~/16/~1 Judge Type/Sub : CP NONEY DENAND LITIGANT: ALL ***** CASE FILE INFORNATION Case type: CONNON PLEAS BNW FINANCIAL SERVICES NA LLC Filing Type: NON JURY Aged: NONEY DENAND VS TINOTHY H FREENAN Status: JU Priority: N Location: CLERK'S OFFICE ***** CIVIL DISPOSITION ***** Dlsp Judge : PATTERSON, LARRY Disposition: DEFAULT/OR UNCONTESTED ***** PARTIES FILE INFORNATION ***** PLAINTIFF BMW FINANCIAL SERVICES NA LLC PLAINTIFF ATT BERNSTEIN, ROBERT ALAN F3=Exlt 4/29/~2 9:41:13 119 Status: J Type ~2 Filed: 1e/16/e1 Dlsp: 2/12/~2 I certify that this is a true copy of the computer screens of our case management system in case #01CP2306424 ClerkPaUl B.ofWickensimercourt ~ ~' ~~'~-- '% Date ~-~. '0~-~ CC~525R DISPLAY GREENVILLE COUNTY CLERK OF COURT D~splay Case History by Date Case: ~1CP23~6424 Filed: 10/16/~1 Judge Date . : Type/Sub : CP NONEY DENAND Aged: PARTIES FILE INFORMATION DEFENDANT FREEN[AN~ TIMOTHY H ***** ADDITIONAL INFORNATION BY DATE ***** ffi225~2 EXECUTION ISSUED 0212~2 AFF SER S/C UPON TIMOTHNY H FREENAN 11/20/~1 ~212~2 JUDGMENT BY DEFAULT 1~16~1 SUMMONS & COMPLAINT - NON JURY 4/29/~2 9:41:29 119 Status: J Type ~2 F3=Exit Exhibit C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. Civil Action No. . . : : . : STATE OF OHIO ) ) COUNTY OF GREENVILLE ) CASE NO: 2001-CP-23-6424 I, Rhonda L. Jewett, being duly sworn according to law, hereby depose and state the following: 1. I am a Bankruptcy/Replevin Specialist for BMW Financial Services NA, LLC, Plaintiff and judgment creditor in the above-captioned matter. 2. I am authorized to make this Affidavit on behalf of BMW Financial Services NA, LLC. 3. The address of Plaintiff, BMW Financial Services NA, LLC is 5515 Parkcenter Circle, Dublin, OH 43017. 4. The last known address of Defendant, judgment debtor Timothy H. Freeman, is 82 Winter Lane, Enola, PA 17025. 5. The Judgment reflected by Case No. 2001-CP-23-6424 of the Court of Common Pleas of South Carolina, County of Greenville, is in the amount of $11,329.21, and is valid, enforceable, and unsatisfied. Rhonda L. Jewe~~t~t~ SWORN to me al~ S. uJ~ribed b,~fore me 13is ~ of -2- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BMW FINANCIAL SERVICES NA, LLC, 5515 Parkcenter Circle Dublin, OH 43017, Plaintiff, TIMOTHY H. FREEMAN 82 Winter Lane Enola, PA 17013 Defendant. Civil Action No. NOTICE OF FILING OF FOREIGN JUDGMENT TO: Defendant Timothy H. Freeman 82 Winter Lane Enola, PA 17013 Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. § 4306, you are hereby notified that there was filed in this office today, in the above captioned case, a certified and exemplified copy of a foreign judgment from the Court of Common Pleas of South Carolina, County of Greenville, in the amount of$11,329.21, with interest thereon accruing at the rate of 6.9 percent from March 26, 2001 until paid in full, against Defendant Timothy H. Freeman and in favor of PlaintiffBMW Financial Services NA, LLC, 5515 Parkcenter Circle, Dublin, Ohio 43017. A copy of this foreign judgment is attached hereto. Plaintiff is represented in this matter by Elizabeth F. Abrams, Reed Smith LLP, 2500 One Liberty Place, 1650 Market Street, Philadelphia PA 19103. Dated: May /o ~:, 2002 PROTHONOTARY CERTIFICATE OF SERVICE I hereby certify that, on this 9th day of May, 2002, I caused a tree and correct copy of the foregoing Notice of Filing of Foreign Judgment and Praecipe to File and Index Foreign Judgment to be served via first class United States mail, postage prepaid upon the following: Timothy H. Freeman 82 Winter Lane Enola, PA 17013 May 9, 2002 VIA OVERNIGHT MAIL Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 Re: BMW Financial Services NA~ LLC v. Timothy H. Freeman To the Prothonotary, Enclosed is one (1) original and two (2) copies of the Notice of Filing of Foreign Judgment and Praecipe to File and Index Foreign Judgment along with the required filing fee of $15.00. Please file the original Praecipe, and return a time-stamped copy to me in the enclosed prepaid envelope. In addition, please send the Notice of Filing of Foreign Judgment to Mr. Timothy Freeman in the envelope provided. Very truly yours, E~ams EFA/lmh Enclosures 2500 One Liberty Place Delaware 1650 Market Street New Jersey Philadelphia, PA 19103-7301 New York 215.851.8100 Pennsylvania Fax 215,851.1420 Virginia Washington, DC reedsmith.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. RICHARD BEATTY and MARY, BEATTY, Plaintiffs ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY, Defendants : CIVIL TERM : No. 02-2318 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant in the above By: SWART/Z~AMPBELL LLC J. Cilistbphe~r°~iich, Esquire I.D. ~7409 1631..~h Front Street, 2® Flora Harrisbi)r4g, PA 17102 (717) 233-2515 Counsel for Defendants hatter. Dated: April 8, 2003 CERTIFICATE OF SERVICE I hereby certify that I have on the date indicated below, serve copies of the Praecipe for Entry of Appearance upon the following persor Mail, First Class, postage prepaid, in accordance with the requirements William A. Addams, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 By: SW, ahRTZ ~AMPBELL LLC J. C( ~ri~stOp'~er Froelich, Esqui Atto~ ~,ey i.D. No. 77409 1631 I~r~h Front Street HarrisbdYg, PA 17102 (717) 233-3515 Counsel for Defendant ;I true and correct ~s by United States of Pa. R.A.P. 121: