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AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS VS IMP
A Construction Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Philadelphia County, PA. Judge Howland W. Abramson presiding.
Case Details
Case Number
Filing Date
April 01, 2011
Last Refreshed
May 12, 2021
Filing Location
Philadelphia County, PA
OTHER JUDGES ON THIS CASE
Arnold New;Category
CONSTRUCTION CONTRACT
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Judgment (Other)
OTHER JUDGES ON THIS CASE
Parties
Plaintiffs
Amquip Crane Rental, Llc D Ba Powell & Sons
Attorneys for Plaintiffs
Ruggieri, Robert G
Defendants
M. Kowalchick Construction Llc
West Highland Holdings Lp
Biello Jur, Anthony J
D&E Solutions Llc
Impact Demolition Llc
Attorneys for Defendants
Norman, Peter
Other Parties
New, Arnold L
(Team Leader)
Wells Fargo Bank Na
(Garnishee)
Case Documents
Case Events
| Date | Type | Description | |
|---|---|---|---|
| May 04, 2012 |
ASSESSMENT OF Damages PRAECIPE FOR RE-ASSESSMENT OF Damages FILED. Damages ASSESSED IN FAVOR OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS AND AGAINST DEFENDANT ANTHONY M. BIELLO IN THE AMOUNT OF $50,004.36. AND AGAINST DEFENDANTS IMPACT DEMOLITION LLC AND D&E SOLUTIONS LLC IN THE AMOUNT OF $62,525.16 (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| April 30, 2012 |
PRAEC/SETTLE DISCONTINUE END SETTLED AS TO WEST HIGHLAND HOLDINGS, LP AND M. KOWALCHICK CONSTRUCTION, LLC ONLY VIA S D & E PRAECIPE FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| February 07, 2012 | NOTICE GIVEN | ||
| February 07, 2012 | Docket Event |
NOTICE GIVEN none. |
|
| February 03, 2012 | LISTED FOR SETTLEMENT CONF | ||
| February 03, 2012 | CASE RESCHEDULED BY COURT | ||
| February 03, 2012 | OTHER EVENT CANCELLED | ||
| February 03, 2012 | Docket Event |
CASE RESCHEDULED BY COURT SETTLEMENT CONFERENCE OF 3/5/12 IS CANCELLED AND RESCHEDULED WITH AGREEMENT OF ALL PARTIES |
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| February 03, 2012 | Docket Event |
OTHER EVENT CANCELLED none. |
|
| February 03, 2012 | Docket Event |
LISTED FOR SETTLEMENT CONF none. |
|
| February 01, 2012 | NOTICE GIVEN | ||
| February 01, 2012 | Docket Event |
NOTICE GIVEN none. |
|
| January 30, 2012 | LISTED FOR SETTLEMENT CONF | ||
| January 30, 2012 | CONFERENCE DATE SET | ||
| January 30, 2012 | Docket Event |
CONFERENCE DATE SET none. |
|
| January 30, 2012 | Docket Event |
LISTED FOR SETTLEMENT CONF none. |
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| November 14, 2011 | CORRECTIVE ENTRY | ||
| November 14, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| November 14, 2011 |
ORDER ENTERED/236 NOTICE GIVEN UPON CONSIDERATION OF THE MOTION TO COMPEL DISCOVERY OF PLAINTIFF AMQUIP CRANE RENTAL, LLC D/B/A POWELL & SONS, AND BY AGREEMENT OF THE PARTIES, IT IS HEREBY ORDERED THAT DEFENDANT M. KOWALCHICK CONSTRUCTION, LLC SHALL: 1. PROVIDE FULL AND COMPLETE ANSWERS, WITHOUT OBJECTION, TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS ON OR BEFORE DECEMBER 9, 2011; AND 2. PROVIDE DOCUMENTS, WITHOUT OBJECTION, RESPONSIVE TO PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS ON OR BEFORE DECEMBER 9, 2011. IT IS FURTHER ORDERED THAT IN THE EVENT M. KOWALCHICK CONSTRUCTION, LLC FAILS TO FULLY COMPLY WITH THIS ORDER, APPROPRIATE SANCTIONS MAY BE IMPOSED UPON APPLICATION TO THE COURT. SIGNED BY JUDGE HOWLAND W. ABRAMSON, NOVEMBER 14, 2011 |
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| November 14, 2011 | Docket Event |
CORRECTIVE ENTRY THE ABOVE PLAINTIFF'S MOTION TO COMPEL DISCOVERY SIGNED ON NOVEMBER 14, 2011, WAS SIGNED BY JUDGE Arnold New, NOT JUDGE HOWLAND W. ABRAMSON AS NOTED. DPB 11/14/11 
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| November 14, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 15-NOV-2011 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 14-NOV-2011. |
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| November 04, 2011 |
DISCOVERY MOTION FILED DISCOVERY HEARING REQUEST FILED IN RE: MOTION TO COMPEL ANSWERS AND PRODUCTION OF DOCUMENTS. HEARING SCHEDULED FOR: NOVEMBER 14, 2011 AT 09:30 IN ROOM 602 CITY HALL. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| November 04, 2011 | ENTRY OF APPEARANCE OF DANIEL E FIERSTEIN FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) | ||
| October 12, 2011 |
JUDGMENT ENTERED BY DEFAULT PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS AND AGAINST IMPACT DEMOLITION, LLC AND D&E SOLUTIONS LLC, ONLY, FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237.5 GIVEN. Damages ASSESSED: $107,525.16 PROOF OF SERVICE OF COMPLAINT IS ATTACHED HERETO....FILED. |
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| August 30, 2011 |
PRAECIPE TO REINSTATE CMPLT COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| August 22, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| August 22, 2011 |
ORDER ENTERED/236 NOTICE GIVEN 16-11082016 UPON CONSIDERATION OF PLF'S MOITON FOR ALTERNATIVE SERVICE IT IS HEREBY ORDERED AND DECREED THAT PLF'S MOTION IS DENIED. UNDER PA RCP 424 PLF MAY EFFECT SERVICE UPON DFTS IMPACT DEMOLITION LLC AND D&E SOLUTIONS LLC BY MEANS OF PERSONAL SERVICE UPON DFT ANTHONY BIELLO IN HIS CAPACITY AS THEIR OWNER. NO ALTERNATIVE SERVICE IS NECESSARY. BY THE COURT...NEW J 8/22/11 |
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| August 22, 2011 | REPLY TO NEW MATTER OF WEST HIGHLAND HOLDINGS, LP AND M. KOWALCHICK CONSTRUCTION, LLC FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) | ||
| August 22, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 24-AUG-2011 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 22-AUG-2011. |
|
| August 18, 2011 | MOTION ASSIGNED | ||
| August 18, 2011 | Docket Event |
MOTION ASSIGNED 16-11082016 MOTION FOR ALTERNATIVE SERVICE ASSIGNED TO JUDGE: NEW, ARNOLD L. ON DATE: AUGUST 18, 2011
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| August 16, 2011 |
MOTION FOR ALTERNATIVE SERVICE 16-11082016 MOTION FOR ALTERNATIVE SERVICE (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| August 09, 2011 |
PRAECIPE TO ISSUE WRIT FILED PRAECIPE TO ISSUE WRIT OF ATTACHMENT FILED. WRIT OF EXECUTION IN ATTACHMENT AND SUMMONS ISSUED UPON GARNISHEE(S) WELLS FARGO BANK NA WITH INTERROGATORIES IN ATTACHMENT WITH NOTICE TO PLEAD FILED. |
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| July 29, 2011 |
ANSWER TO COMPLAINT FILED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT FILED ON BEHALF OF M. KOWALCHICK CONSTRUCTION, LLC AND WEST HIGHLAND HOLDINGS, LP. |
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| July 19, 2011 |
PRAECIPE TO REINSTATE CMPLT COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| July 07, 2011 | ORDER ENTERED/236 NOTICE GIVEN | ||
| July 07, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| July 07, 2011 |
ORDER ENTERED/236 NOTICE GIVEN 54-11051854 UPON CONSIDERATION OF DEFT WEST HIGHLAND HOLDINGS PRELIMINARY OBJECTIONS [CONTROL NO. 11051854] AND DEFT M. KOWALCHICK CONSTRUCTION L.P.'S PRELIMINARY OBJECTIONS [CONTROL NO. 11051983], IT IS ORDERED THAT DEFTS PRELIMINARY OBJECTIONS TO PLTF AMQUIP CRANE RENTAL LLC'S DEMAND FOR FINANCE CHARGES AND ATTYS FEES ARE SUSTAINED AND THE DEMAND SHALL BE STRICKEN FROM COUNT III OF THE COMPLAINT. ALL OTHER PRELIMINARY OBJECTIONS ARE OVERRULED. DEFTS WEST HIGHLAND HOLDINGS AND M. KOWALCHICK CONSTRUCTION LLC SHALL ANSWER PLTF'S COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER... BY THE COURT, JUDGE NEW, 7-7-11 |
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| July 07, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 08-JUL-2011 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 07-JUL-2011. |
|
| July 07, 2011 | Docket Event |
ORDER ENTERED/236 NOTICE GIVEN 83-11051983 REFER TO THE COURT ORDER OF JUDGE NEW DATED 7-7-11 ENTERED OF RECORD UNDER THE CONTROL NUMBER 11051854 ON JULY 7, 2011 |
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| June 28, 2011 |
PRAECIPE TO REINSTATE CMPLT COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| June 24, 2011 |
JUDGMENT ENTERED BY DEFAULT PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS AND AGAINST ANTHONY J. BIELLO FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237.5 GIVEN. AFFIDAVIT OF NON-MILITARY SERVICE FILED . Damages ASSESSED: $95,004.36 AFFIDAVIT OF SERVICE FILED. |
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| June 23, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| June 23, 2011 | LISTED FOR TRIAL | ||
| June 23, 2011 | LISTED FOR PRE-TRIAL CONF | ||
| June 23, 2011 | LISTED FOR SETTLEMENT CONF | ||
| June 23, 2011 |
CASE MANAGEMENT ORDER ISSUED IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION AMQUIP CRANE RENTAL, LLC/D/BA POWELL & S 110303730 COMMERCE PROGRAM CASE MANAGEMENT ORDER EXPEDITED TRACK AND NOW, 23-JUN-2011, it is Ordered that: 1. The case management and time standards adopted for commerce program, expedited track cases shall apply and are hereby incorporated into this Order. 2. All discovery on the above matter shall be completed not later than 07-NOV-2011. 3. Plaintiff shall identify and submit curriculum vitae and expert reports for all expert witnesses intended to testify at trial to all other parties not later than 07-NOV-2011. 4. Defendant(s) and any additional defendant(s) shall identify and submit curriculum vitae and expert reports for all expert witnesses intended to testify at trial not later than 05-DEC-2011. 5. All pre-trial motions (other than motions in limine) shall be filed not later than 19-DEC-2011. 6. A settlement conference may be scheduled at any time after 06-FEB-2012. On or before that date all counsel shall serve all opposing counsel and file a settlement memorandum containing the following: (a) The plaintiff(s)shall provide a concise statement of the theory of the case. The defendant(s) and additional defendant(s) shall provide a concise statement as to the nature of the defense. (b) A statement by the plaintiff(s) itemizing all Damages sought by categories and amount; (c) Defendant(s) and additional defendant(s) shall identify all applicable insurance carriers, together with corresponding limits of liability. 7. A pre-trial conference will be scheduled any time after 05-MAR-2012. Fifteen days prior to pre-trial conference, all counsel shall serve all opposing counsel or pro se parties and file a pre-trial memorandum containing the following: (a) The plaintiff(s) shall provide a concise statement of the theory of the case. The defendant(s) and additional defendant(s) shall provide a concise statement as to the nature of the defense; (b) A list of all witnesses who may be called to testify at trial by name and address. Counsel should expect witnesses not listed to be precluded from testifying at trial; (c) A list of all exhibits the party intends to offer into evidence. All exhibits shall be numbered and exchanged among counsel prior to the conference. Counsel should expect any exhibit not listed to be precluded at trial; (d) Plaintiff shall itemize all Damages claimed by category and amount; (e) Defendant(s) and additional defendant(s) shall state a position regarding Damages claimed and shall identify all applicable insurance carriers, together with applicable limits of liability; and, (f) An estimate of the anticipated length of trial. 8. It is expected that the case will be ready for trial 02-APR-2012, which is the earliest date pursuant to Pa.R.C.P. 212.1, and counsel should anticipate trial to begin expeditiously thereafter. 9. All counsel are under a continuing obligation and are hereby Ordered to serve a copy of this Order upon all unrepresented parties and upon all counsel entering an appearance subsequent to the entry of this Order. BY THE COURT: _________________________ Arnold New, J. TEAM LEADER
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| June 23, 2011 | CASE MGMT CONFERENCE COMPLETED | ||
| June 23, 2011 | Docket Event |
LISTED FOR TRIAL none. |
|
| June 23, 2011 | Docket Event |
CASE MGMT CONFERENCE COMPLETED none. |
|
| June 23, 2011 | Docket Event |
LISTED FOR PRE-TRIAL CONF none. |
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| June 23, 2011 | Docket Event |
LISTED FOR SETTLEMENT CONF none. |
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| June 23, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 24-JUN-2011 OF CASE MANAGEMENT ORDER ISSUED ENTERED ON 23-JUN-2011. |
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| June 09, 2011 | PRELIM OBJECTIONS ASSIGNED | ||
| June 09, 2011 | Docket Event |
PRELIM OBJECTIONS ASSIGNED 54-11051854 PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE: NEW, ARNOLD L. ON DATE: JUNE 09, 2011
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| June 09, 2011 | Docket Event |
PRELIM OBJECTIONS ASSIGNED 83-11051983 PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE: NEW, ARNOLD L. ON DATE: JUNE 09, 2011
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| June 07, 2011 |
ANSWER TO PRELIMINARY OBJCTNS 54-11051854 ANSWER IN OPPOSITION OF PRELIMINARY OBJECTIONS FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| June 07, 2011 |
ANSWER TO PRELIMINARY OBJCTNS 83-11051983 ANSWER IN OPPOSITION OF PRELIMINARY OBJECTIONS FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| June 07, 2011 |
AFFIDAVIT OF SERVICE FILED AFFIDAVIT OF SERVICE OF PLAINTIFF'S COMPLAINT UPON ANTHONY J. BIELLO BY PERSONAL SERVICE ON 05/17/2011 FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| May 20, 2011 |
ATTEMPTED SERVICE - NOT FOUND IMPACT DEMOLITION, LLC NOT FOUND ON 04/13/2011. |
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| May 20, 2011 |
ATTEMPTED SERVICE - NOT FOUND D&E SOLUTIONS, LLC NOT FOUND ON 05/12/2011. |
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| May 20, 2011 |
ATTEMPTED SERVICE - NOT FOUND ANTHONY J. BIELLO NOT FOUND ON 05/12/2011. |
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| May 20, 2011 | NOTICE GIVEN | ||
| May 20, 2011 | Docket Event |
NOTICE GIVEN none. |
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| May 19, 2011 |
PRELIMINARY OBJECTIONS 83-11051983 PRELIMINARY OBJECTIONS TO COMPLAINT FILED. RESPONSE DATE: 06/08/2011 (FILED ON BEHALF OF M. KOWALCHICK CONSTRUCTION, LLC) ENTRY OF APPEARANCE FILED ON BEHALF OF M. KOWALCHICK CONSTRUCTION, LLC. |
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| May 18, 2011 |
PRELIMINARY OBJECTIONS 54-11051854 PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS OF DEFENDANT TO COMPLAINT FILED. RESPONSE DATE: 06/07/2011 (FILED ON BEHALF OF WEST HIGHLAND HOLDINGS, LP) ENTRY OF APPEARANCE FILED ON BEHALF OF WEST HIGHLAND HOLDINGS, LP. |
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| May 10, 2011 | NOTICE GIVEN | ||
| May 10, 2011 | Docket Event |
NOTICE GIVEN none. |
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| May 06, 2011 | LISTED FOR CASE MGMT CONF | ||
| May 06, 2011 | Docket Event |
LISTED FOR CASE MGMT CONF none. |
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| May 03, 2011 |
AFFIDAVIT OF SERVICE FILED AFFIDAVIT OF SERVICE OF PLAINTIFF'S COMPLAINT UPON WEST HIGHLAND HOLDINGS, LP BY PERSONAL SERVICE ON 04/19/2011 FILED. (FILED ON BEHALF OF AMQUIP CRANE RENTAL, LLC/D/BA POWELL & SONS) |
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| May 03, 2011 |
PRAECIPE TO REINSTATE CMPLT COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 REINSTATED. |
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| April 01, 2011 | WAITING TO LIST CASE MGMT CONF | ||
| April 01, 2011 | SHERIFF'S SURCHARGE 5 DEFTS | ||
| April 01, 2011 |
COMPLAINT FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. |
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| April 01, 2011 | COMMENCEMENT OF CIVIL ACTION | ||
| April 01, 2011 | ACTIVE CASE | ||
| April 01, 2011 | Docket Event |
WAITING TO LIST CASE MGMT CONF none. |
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| April 01, 2011 | Docket Event |
ACTIVE CASE E-Filing Number: 1104001553 |
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| April 01, 2011 | Docket Event |
SHERIFF'S SURCHARGE 5 DEFTS none. |
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| April 01, 2011 | Docket Event |
COMMENCEMENT OF CIVIL ACTION none. |
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