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Home My WebLink About07-4235'~ 1 CURTIS R. LONG, PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA 17013 Re: Deimler & Sons Construction ~~ _,(l~~ v. FCM Builders/Fred Miller Docket No.: CV-0000106-07 PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: ~~~~~ Please file of record the following certified copy of the record of the proceedings containing the judgment of the District Justice and forthwith enter the judgment in the appropriate dockets and index it against the defendant. Attorney for Plaintiff Michael Cherewka, Esquire 624 North Front Street Wormleysburg, PA 17043 PA I. D. No. 35073 Telephone: (717) 232-4701 Attorney for Plaintiff DATED: JULY 11, 2007 ~, y COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CnUNTY OF~~ CO~B8RLAIQD ...... _ __ _ _ CIVIL CASE Mag. Dist. No.: 0 9 _ 1 _ ~ C EI VEO APR 0 420 7 MDJ Name: Hon. - - - C>BARLSS A.- CLSJI!<SJBT, JR Address: 400 B>6LIDG8 ST OLDS T01f~i8 CO>l~O1~S -SIIITS 3 1~SE1i CIIBBRRr.s~an, PA Telephone: (717) 774-5989 17070 DSI1iILSR ~ SOMS COI~STRIICTIO>si 6530 DBRZLY STRSST ATT>si: CRAIG DSI~[I,BZt BARRISBU1tG, PA 17111 THIS IS TO NOTIFY YOU THAT: Judgment; DSFAIILT JIIDG!!<SAT PLTF (Date of .Judgment) 3/30/07 ® Judgment was entered for: (Name) D8I11[LSR R SOMS COI~STZtIICTI01~ Judgment was entered against: (Name) FCllL BIIILDSRS/FRED >!t<ILLSZL in the amount of $ 7, 398.3 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 7, 235.81 Judgment Costs $ 1 2.50 Interest on Judgment $ Attorney Fees $_ . 00 Total $ 7 , 3 9 8.31 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. jQR 3 0 ~~~] Date , Magisteriat District Judge certify that this is a true orrect opy o he ord of the eedings containing the judgmen# ; ~U~ ~ 3 2007 Date ~ , Ma isterial District Jpdge 9 My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATB PRI1sITSD: 4/02/07 3:36:00 PJ![ PLAINTIFF: NAME and ADDRESS r ~ DSI1!>~,SR Se SOMS CONSTRIICTIO>sT 6 5 3 0 DSR.)btY STR88T ATTN: CRAIG DBIMLSR ~>QARZLISBIIRG, PA 17111 J VS. DEFENDANT: NAME and ADDRESS rFCM BIIILDS~tS/FRS J!!<ILLSR ~ 13 1![OII~iT ALLS>dI DR. 1tItfSC>BA>eTICSBIIRG, PA 17055 L J Docket No.: CP-0000106-07 _ Date Filed: 3/01/07 - ^. ~ _:~ ~. ~ s F,_._ i"i1 ~..._ t? ~" ~ ~ ~R a ~c~ - ~ ~., ~ ~ 1-~ '_ _ c-; 1 ,j~ ~~ ~' ~ fV ~~ ~ w DEIMLER & SONS CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007 - NT -04235 FCM BUILDERS/FRED MILLER, :CIVIL ACTION Defendant . PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: FCM Builders/Fred Miller, Defendant; and (3) against: Integrity Bank, Camp Hill, Pennsylvania, Garnishee; and (4) upon all property of the defendant; and (5) and index this Writ (a) Against: FCM Builders/Fred Miller, Defendant, and (b) Against: Integrity Bank Camp Hill, Pennsylvania, as Garnishee 33y5 N1A,rkst 5F. as a lis pendens against the real property of the defendant(s) as follows: 1510 Thompson Lane, Mechanicsburg, PA 1.7055; 1021 Forbes Road, Cazlisle, PA 17013; and Cannon Creek Road, Mechanicsburg, PA 17055. (5) Amount Due $4,461.50 Interest 108.54 and Costs 339.75 By:1 ~U,,~~ ~c,LGr~'- Name: The Law Offices of Michael Cherewka Address: 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for: Deimler & Sons Construction, Plaintiff Pa. LD. No.: 35073 DATED: July 23, 2007 ~~ ~t ~ ~a ~ ~ ~' `~ F ~ ~~ ~ ~: ~~ .., ', ~_ ~ ~ ~ -o ~, p ~ cry V- .+~ ~~-. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4235 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEIlVILER & SONS CONSTRUCTION, Plaintiff (s) From FCM BUILDERS/FRED MII.LER,1510 THOMPSON LANE, MECHANICSBURG, PA 17055; 1021 FORBES ROAD, CARLISLE, PA 17013; AND CANNON CREEK ROAD, MECH., PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You aze also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 3345 MARKET ST., CAMP HILL, PA 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 aze directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $4,461.50 Interest $108.54 Atty's Comm Atty Paid $54.25 Plaintiff Paid Date: 9!13/07 (Seal) L.L. $.50 Due Prothy 52.00 Other Costs $339.75 's R. Long, Prothono By: Deputy REQUESTING PARTY: Name MICHAEL CHEREWKA, ESQUIRE Address: LAW OFFICES OF MICHAEL CHEREWKA 624 NORTH FRONT STREET WORMLEYSBURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-232-4701 Supreme Court ID No. 35073 J "~"~ I i t i ,~ SHERIFF'S RETURN - GARNISHEE CASE N0: 2007-04235 P ~ COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DEIMLER & SONS CONSTRUCTION VS FCM BUILDERS ET AL And now STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0010:25 Hours, on the 19th day of September, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , FCM BUILDERS in the hands, possession, or control of the within named Garnishee INTEGRITY BANK 3345 MARKET ST CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MELISSA HAMMER (ASST MANAGER) , personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answer Docketing .00 ~~~ Service .00 Affidavit .00 Surcharge .00 ~Io~ ~ R. Thomas Kline .00 /q / p~ Sheriff of Cumberland County .00 09/20/2007 By Sworn and Subscribed to before me Deputy Sheriff this Day of , A.D. SHERIFF'S RETURN - GARNISHEE r CASE N0: 2007-04235 P ~ COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DEIMLER & SONS CONSTRUCTION VS FCM BUILDERS ET AL And now STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0010:25 Hours, on the 19th day of September, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MILLER FRED in the hands, possession, or control of the within named Garnishee INTEGRITY BANK 3345 MARKET ST CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MELISSA HAMMER (ASST MANAGER) , personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit . 00 _ Surcharge .00 ,/ v'~ R. Thomas Kline .00 ~la~~~ Sheriff of Cumberland County .00 09/20/2007 ~- By Sworn and Subscribed to before me Deputy Sheriff this __ Day of _ _ , A.D. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Advance Costs: 150.00 Sheriff s Costs 105.98 Docketing 18.00 44.02 Poundage 2.08 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 03/25/08 Mileage 14.40 Misc. Surcharge 40.00 Levy X0.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 / n- ' y~2 y~~ ~ """ TOTAL 105.98 7 So Answers, ~a~ R. Thomas Kline, S eriff o~G' :~' C ~ j ,t, ~'_~ ~~ [~,~1 „~., , '~ ~`' ~ ~ ~-~, [~ `~~,~v 5~ ~ UL-: o~~,, a~g~u~ 0 ;~ ~~ WRIT OF EXECUTION and/or AT'TAC'HMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4235 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEIMLER & SONS CONSTRUCTION, Plaintiff (s) From FCM BUILDERS/FRED MILLER, 1510 THOMPSON LANE, MECHANICSBURG, PA 17055; 1021 FORBES ROAD, CARLISLE, PA 17013; AND CANNON CREEK ROAD, MECH., PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 3345 MARKET ST., CAMP HILL, PA 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 $4,461.50 Interest $108.54 Atty's Comm Atty Paid $54.25 Plaintiff Paid Date: 9/13/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs $339.75 C is R. Long, Prothonotary By: Deputy ~ REQUESTING PARTY: Name MICHAEL CHEREWKA, ESQUIRE Address: LAW OFFICES OF MICHAEL CHEREWKA 624 NORTH FRONT STREET' WORMLEYSBURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-232-4701 Supreme Court ID No. 35073 DEIMLER & SONS CONSTRUCTION, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007 - NT - 04235 FCM BUILDERS/FRED MILLER, :CIVIL ACTION Defendant PRAECIPE TO MARK JUDGMENT SATISFIED To The Prothonotary: ISSUE Mark the judgment in the above-captioned matter satisfied of record upon payment of your costs only. Name. The Law Offices of Michael Cherewka Address: 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for: Deimler & Sons Construction, Plaintiff Pa. LD. No.: 35073 DATED: January 11, 2008 ~..~ -r = . :4 .-~ ,~ `. ...-_ -c? 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