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NOBEL WELL SERVICE v. PENN ENERGY (12/13/85)

filed: December 13, 1985.

NOBEL WELL SERVICE, INC., APPELLANT
v.
PENN ENERGY, INC.



Appeal from the Order of the Court of Common Pleas, Civil Division, of Washington County, July Term, 1983 A.D., No. 69, and October Term, 1983 E.D., No. 16.

COUNSEL

Peter M. Suwak, Washington, for appellant.

Harold V. Fergus, Jr., Washington, for appellee.

Brosky, Rowley and Feeney, JJ.*fn*

Author: Rowley

[ 348 Pa. Super. Page 268]

OPINION OF THE COURT

We are required, in this appeal from an order striking the entry of a judgment transferred from the state of Ohio to Washington County, Pennsylvania, to determine what docket entries from the foreign state must be filed with the

[ 348 Pa. Super. Page 269]

    judgment in Pennsylvania. Since we have concluded that the trial court erred in holding that all of the foreign jurisdiction's docket entries must be filed, we reverse.

During May and June of 1981, appellant, Nobel Well Service, Inc., serviced oil and gas wells in Ohio which were owned by appellee Penn Energy, Inc. In October, 1981, after payment for the services was overdue, appellant filed a complaint in the Common Pleas Court of Belmont County, Ohio. After discovery procedures were completed and pretrial conferences were held, appellee informed the court that it would not contest the suit. On June 9, 1983, a non-jury trial was held, the result of which was a judgment entered in favor of appellant in the amount of $49,093.91, plus interest.

On July 11, 1983, appellant transferred the Ohio judgment to Washington County, Pennsylvania pursuant to the Uniform Enforcement of Foreign Judgments Act [the Act]. 42 Pa.Cons.Stat. § 4306. The record shows that appellant filed an affidavit of the judgment creditor, a "Certificate of Judgment for Lien upon Lands and Tenements", and a certified copy of a document entitled, "DOCKET ENTRY",*fn1 which was signed by the Honorable Harold B. Thomas, Judge of the Court of Common Pleas of Belmont County. Appellant then issued execution against oil and gas leases owned by appellee in Washington County.

According to the March 21, 1984 Opinion of the trial court, the following then transpired:

In response [to appellant's published notice of execution, appellee] petitioned the Washington County Court of Common Pleas to stay the execution set for December 2,

[ 348 Pa. Super. Page 2701984]

.*fn2 On November 29, 1984,*fn3 the Honorable Thomas D. Gladden of this court granted the stay until January 6, 1984, with the proviso that all additional costs be assessed against the [appellee] and that no further extensions be granted.

During motions court on December 29, 1983 [appellee] presented a petition to strike the Ohio judgment for [appellant's] failure to comply with 42 Pa.C.S. § 4306 and to stay the execution set for Jan. 6, 1984.

To delineate the law governing the issue of whether the failure to transfer all the docket entries with a copy of the foreign judgment was fatal to the transfer, the court directed ...


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