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HomeMy WebLinkAbout07-4331~. , GATES, HALBRUNER & HATCH, P.C. Sarah E. McCarroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 fax (717) 731-9627 S.Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY. PENNSYLVANIA Linlo Properties, Plaintiff(s) ~. CIVIL ACTION • 07- N3~~ ~~V < < ~P~IYi Abtacs Inc. and Gerald O. Roush Jr., Defendant(s) To The Prothonotary: CASE NO. LT-08-07 PRAECIPE TO ENTER JUDGMENT Kindly enter judgment in the above-captioned proceeding in favor of Linlo Properties, Plaintiff(s), and against Defendant, Abtacs, Inc. and Gerald O. Roush Jr. pursuant to District justice Rule 402(D), in the amount of Two Thousand Nine Hundred and 50/100 Dollars ($2,900.50); and for additional costs and attorneys fees accruing on and after the date of January 16, 2007 A certified copy of the record of the proceedings evidencing entry of the judgment before Thomas A. Placey, Magisterial District Number 09-3-04, to docket number LT-0000008-07, dated January 16, 2007, is attached hereto and made part hereof by reference. The undersigned certifies that a copy of this Praecipe has been mailed to the Defendant. Date: July 18, 2007 Respectfully submitted, -~ Sarah E. McCarroll, Esquire PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 717-731-9600 Fax 731-9627 COMMONWEALTH OF PENNSYLVANIA. NOTICE OF JUDGMENT/TRpNSCF~IPT COUNTY O F: ; C~1l~SRL.~IZiD Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACSY Address 104 S SP08T~l~G BILL BD MBCHANICSBUAG, PA Telephone 1717) 761-,8230 17050 FIVONRESIDENTIAL -LEASE PLAINTIF NAME and ADDRESS rLI11TL0 PjtOPBZLTI88 1013 >1t0l~(A >6i0AD L8lLOYNB, ' , PA 17 0 4 3 L. , . „ J ;, ' ~S: DEFENDANT: ' NANi~. and ADDR~S9 . 3 5 07 `' MAZtTSBT=~ STBE#!T .~ .. SUITB 203 __ LCA>e[P HILL, gA 17 011 J LI11L0 P>6LOP816LTI$S 1013 M~l[A >6LOAD Docket No.: LT-0000008-07 - L~OYIQE, PA 17043 Date Filed: 1/05/07 ~: . ., . THIS IS TO NOTIFY YOU THAT: Judgment: . _ . FOft PLAI~IF_$ .'.._....~..~~~...~.-.,. ,..... _. .. , .,....... .,.- _ , , .__ ... _ - a Judgment was entered for: (Name) LI>siLO PZLOPBZLTIBS Ina Judgment was entered against BOIISB .TZL. GBBALD O ® Landlord/Tenant action in the amount of $ 2.900.50 on 1/16/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 675. 00. The total amount of the Security Deposit is $ 500.00 SJ 00 ss • Security Deposit Applied = Total Amount Establish ed O 00= $ Adjudicated Amount 2, 025.00 Rent in Arrears $ e . Z $ .00_ 00 500 $ 500.0.0 Physical Damages Leasehold Property $ _ . - 00 $ Damages/Unjust Detention $ _ 00 $ _ 00 Less Amt Due Defendant from Cross Complaint - _ $ _ 00 Interest (if provided by lease) $ Bi _ 00 L/T Judgment Amount $ 2, 606. _ 00 Judgment Costs $ 138 _ 50 liable nd severall tl i ' ~ Attorney Fees $ 156.00 y n y a Defendants are jo ~ This case dismissed without prejudice. Total Judgment $ 2, 900.50 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no sa Is Ie y Ime o evlc Ion. Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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. ~ -t -U Date certl y t a t Is Is a ti n~7,19..r~r7 DaT~ . L%.y~~ . Maoisterial District J pr~edings contalrnng the fuagment. ,Magisterial District Judge M~r commission expires first Monday of January, SEAL AO C 3158-05 COMMONWEALTH OF~PTE~NN~SYLVANIA •.~'"'" ! MI~IAITV (1C• ~~Ai~f>VNi/ Mag. Disi. No.: 09-3-04 MDJ Name: Hon. T8011IAS A. PLACBY Address Z04 S SPOjLTIMG SILL 8D ItBCSAIIiICSBUjtG, PA Telephone: (717 > 761-8230 17050 LI]liLO P>6tOP8ftTI8S 1013 11LIIlOLA GOAD L>~ILOYlRB , PA 17 0 4 3 NOTICE OF JUDGMENT/TRANSCRIPT NONRESIDENTIAL LEASE RLAINTIF NAME and ADDRESS rLI1QL0 PZLOPEZLTIBS 1013 >![01®LA >6LOAD LD[OY'eTE , PA 17 0 4 3 L DEFENDANT: rABTACS , I>oTC . , 3507 MABTSBT SIIITB 203. LCAII[P BILL, PA J VS. NAME and ADDRESS ST AL. ~ STjtEBT 17011 J Docket No.: LT-0000008-07 _ Date Filed: 1/05/07 THIS IS TO NOTIFY YOU THAT: Judgment: ~.. a Judgment was entered for: (Name) LIIl1L0 PjtOPE8TIS8 ABTACS Ill<C. ~~£°~ Judgment was entered against in a Landlord/Tenant action in the amount of $ 2, 900.50 on 1/16/07a (Date~of Judgment)' The amount of rent per month, as established by the Magisterial District Judge, is $ 675.00. ,F; The total amount of the Security De~sit is$ ~ 500.00 Totar~n Rent in Arrears Ptiiysical Damages Leasehold Property Damages/Unjust Detention uant~Established J Less • Security Deposit Applied = Adfudicated Amount $ 2, 0.00 - $ . 00= $ 2, 025.00 50~ . 00 - $ . 00 = $ 500.00 Less Amt Due,pefendant from Cross Complaint - $ _ 00 . Interest (if provided by lease) $ Si _ 00 L/T Judgment Amount $ 2, 606.00 __ Judgment Costs $ 138.50 Defendants are jointly and severally liable Attorney Fees $ 156.00 This case dismissed without prejudice. Total Judgment $ 2, 900.50 ^ Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ®` Possession granted if money judgment is no sa is ie y ime o evic ion. ^ Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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 OFCOMMON-PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE GOURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY Of SATISFACTION. WITH THE MAGISTERIAL DISTRICT JUDGE IF THE,J;U,D,GMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. D ~~ t 'o~ Date ~ "~-, Magisterial District. lud je certi y t at t is an orr t py o t e recor t o pro a ings containing t e,iu gment, Date. ,Magisterial District Judge ,~- M~r commission expires first Monday of January, SEAL ~~ . on naisa_ns - .._ .~ ~ t'? ~ ~ © O `~- 1,.~ ~'~- --~ I V ~~ Vl ~ ~ ~.. _,i ': {-7 ~:-t ~, r .. ;:fir" --, ~ `cs ~~„ D GATES, HALBRUNER & HATCH, P.C. Sarah E. McCarroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 fax (717) 731-9627 S.Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Linlo Properties, Plaintiff(s) v. Abtacs Inc. and Gerald O. Roush Jr., Defendant(s) and Juniata Valley Bank, Garnishee CIVIL ACTION p~-4.31 Civi t Term CASE NO. LT-08-07 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County (2) against Abtacs Inc. defendant; and (3) against Gerald O. Roush, Jr., defendant; (4) against Juniata Valley Bank, garnishee; ~~ W. I~lp~.lC~.t , 1-8wis~,~, ~ ~A 170,3 (5) and index this writ (a) against Abtacs Inc., defendant and (b) against Gerald O. Roush Jr., defendant; (6) Amount Due $ 2,900.50 .~. Interest from 1/16/2007 $ 50.98 Attorney's Fees $ 384.00 Prothonotary fee $ 51.25 Sheriff fee $ 150.00 Total $3,536.73 Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Dated: By: __ Sarah E. McCarroll, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Sarah E. McCarroll, hereby certify that a true and correct copy of the foregoing Praecipe for Writ of Execution has been served this day upon the following parties by United States first class mail, postage prepaid, addressed as follows: Abtacs Inc. 3507 Market Street Suite 203 Camp Hill, PA 17043 Gerald O. Roush, Jr. 5 Valley Street Lewsitown, PA 17044 GATES, HALBRUNER & HATCH, P.C. Date: By: Sarah E. McCarroll Attorneys for Plaintiff P ~ O vo ~ ~ Q ~ O ~ (~ 0 {q .~ fi ~ ~ ~ C O o t 7 ~ ~ ~ 0 ~t O m~ o'` ~ Z~ ~' ~ 1 ~ ~ z- ~~ ~> ~ 'v :xa -p -: ~ -- ~ c ~ ~' c~~ ~~ c~ 1 ~ ~ Q ~ ~ _ / W "'~ `/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4331 Civil COUNTY OF CUMBERLAND) CIVIL ACTION =LAW TO THE SHERIFF OF MIFFLIN COUNTY: To satisfy the debt, interest and costs due LINLO PROPERTIES, Plaintiff (s) From ABTACS INC., 3507 MARKET ST., SUITE 203, CAMP HILL, PA 17043 AND GERALD O. ROUSH, JR., 5 VALLEY ST., LEWISTOWN, PA 17044 (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 JUNIATA VALLEY BANK,1 W. MARKET, LEWISTOWN, PA 17043 GARNISHEE(S) as follows: 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 $2,900.50 Interest FROM 1/16/2007 - $50.98 Atty's Comm % $384.00 Atty Paid $54.25 Plaintiff Paid Date: JULY 31, 2007 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C is R. Long, Pro tary By: Deputy REQUESTING PARTY: Name SARAH E. MCCARROLL, ESQUIRE Address: GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 91102 f ~ ~ 1 GATES, HALBRUNER & HATCH, P.C. Sarah E. McCarroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 fax (717) 731-9627 S. Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Linlo Properties, Plaintiff(s) v. Abtacs Inc. and Gerald O. Roush Jr., Defendant(s) CIVIL ACTION CASE N0.2007-04331 and David Molek, aao ~dw~-~-d~ P..d Garnishee yeagerta.~:n , PA -~o9R AMENDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County (2) against Abtacs Inc. defendant; and (3) against Gerald O. Roush, Jr., defendant; (4) against David Molek, garnishee; (5) and index this writ (a) against Abtacs Inc., defendant and (b) against Gerald O. Roush Jr., defendant; (6) Amount Due $ 2,900.50 • 'ti Total Interest from 1/16/2007 $ 50.98 Attorney's Fees $ 384.00 Prothonotary fee $ 51.25 Sheriff fee $ 150.00 $3,536.73 Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Dated:~l.. ~}- a~, ~OU~ By: ~~J/%~f/C~-~'2-~Z Sarah E. McCarron, Esquire Attorneys for Plaintiff r - + CERTIFICATE OF' SERVICE I, Sarah E. McCarroll, hereby certify that a true and correct copy of the foregoing Praecipe for Writ of Execution has been served this day upon the following parties by United States first class mail, postage prepaid, addressed as follows: Abtacs Inc. 3507 Market Street Suite 203 Camp Hill, PA 17043 Gerald O. Roush, Jr. 5 Valley Street Lewistown, PA 17044 GATES, HALBRUNER & HATCH, P.C. {- ~ ,_ Date: ~r~'~~~ ~ ~~ By~ ,~"%~r~C~--~~---'~;r Sarah E. McCarroll Attorneys for Plaintiff C i ~ c:.~ ~~ ~ -~r~ Y, I`,,, ~~ .-. .....; ..J» --~ ~ A 1 ~ , ~~Jq 4.a.1 l _~ "~-' L.~.: ,~ t ..:?A ~. G .. 4i3 M1-,:t ~ - .. .~., „ ,.g, ~ ...~ ~ -{ aMENAE.~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4331 Civil COUNTY OF CUMBERLAND) CIVIL ACTION =LAW TO THE SHERIFF OF ~~,~ COUNTY: To satisfy the debt, interest and costs due LINLO PROPERTIES, Plaintiff (s) From ABTACS INC., 3507 MARKET ST., SUITE 203, CAMP HILL, PA 17043 AND GERALD O. ROUSH, JR., 5 VALLEY ST., LEWISTOWN, PA 17044 (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 JUNIATA VALLEY BANK, 1 W. MARKET, LEWISTOWN, PA 17043 GARNISHEE(S) as follows: DAV~v MottK, ~~o Edk~artl~fawn Road, yea9er-Fown PA , 17o9q 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 $2,900.50 L.L. $.50 Interest FROM 1/16/2007 - $50.98 Atty's Comm % $384.00 Due Prothy $2.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: JULY 31, 2007 (Seal) C s R. Long, Pro tary By: Deputy REQUESTING PARTY: Name SARAH E. MCCARROLL, ESQUIRE Address: GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 91102