HomeMy WebLinkAbout07-4432t
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUI[BERLAND
Mag Dist. No.
09-1-03
MD.1 Name: Hon.
RICHARD S. DOIIG88RTY
Address: 9 8 g ENOLA DR STE 1
ENOLA, PA
Telephone: ~717~ 728-2805 17025
ATTORNEY FOR PLAINTIFF
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NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF' NAME and ADDRESS
rLA>fLAR. ADVERTISING COMPANY ~
308 8. 10TH STR88T
LElLOYNE, PA 17043
L J
VS.
DEFENDANT: NAME and ADDRESS
rJOE AISLLO T/A BROTHERS PIZZA ~
700 VALLY STREET
ENOLA, PA 17025
ARTHIIR M. FELD L J
1309 BRIDGE ST Docket No.: CV-0000137-07
NELP CIIJ,LBERLAND, PA 17070-1116 Date Filed: 5/04/07
,!~
THIS IS TO NOTIFY YOU THAT:
~'~ Judgment: DEFAIILT JRDC~1L8N7' PLTF (Date of Judgment) 6/19/07
® Judgment was entered for: (Name) LAII~R ADV$RTISING CO>sLPANY
® Judgment was entered against: (Name) JOE AIELLO T/A BROTHERS PIZZA
in the amount of $ 3, 619.0
Portion of Judgment for physica! damages arising out of
residential lease ~,
Amount of Judgment $ 3, 050.00
~ Judgment Costs $ 1~. 50
!,Interest on Judgment $ -~
!Attorney Fees $ 457.50
'Total $ 3, 619.00
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 PROTHONOTARYICLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT 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 GOMPLlES WITH THE JUDGMENT.
C~ ~ Date ,Magisterial District Judge
I certify that this is a true nd co o e p s containing the judgment.
Date ,Magisterial District Judge
My commission expires first Monday
AOPC 315-06
Defendants are jointly and severally liable.
Damages will be assessed on Dafe & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
DATB PRI>s1TED
2012
6/19/07 10:29:00 AIL
SEAL
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LAMAR ADVERTISING COMPANY
Plaintiff
vs
JOE AIELLO T/A
BROTHERS PIZZA
Defendant/s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No . p`1- ~ly3a Civi l ~~
To JOE AIELLO T/A BROTHERS PIZZA
You are hereby notified that on JULY o~(o~ 2007, the following
judgment has been entered against you in the above captioned case.
JUDGMENT IN THE AMOUNT OF $3619.00
PLUS INTEREST FROM DATE. OF JUDGMENT PLUS COSTS
OF SUIT THEREON
DATE: JULY p~(p~~ 2007
Prothonotary
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
JOE AIELLO T/A
BROTHERS PIZZA
700 VALLEY STREET
ENOLA, PA 17025
/ ••.~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
LAMAR ADVERTISING COMPANY
vs.
JOE AIELLO T/A
BROTHERS PIZZA
700 VALLEY STREET
ENOLA, PA 17025
( ) Confessed Judgment
(X) Other DISTRICT JUSTICE
File No . ~7- '~~'3a~ Clvi ( 16~~M
Amount Due $3619.00
Interest FROM 06/19/07
Atty's Comm
Costs Total
Defendant
COMMERCE BANK
65 ASHLAND AVENUE
CARLISLE, PA 17013
Garnishee
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not
arise out of a retail installment sale, contract, or account based
on a confession of~judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real-property pursuant to Act 6 of 1974 .as
amended.
Issue Writ of Execution in the above matter to the Sheriff of
CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant(s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND
County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following
property (if real estate, supply six copies of the description;
supply four copies of lengthy personalty list)
and all other property of the
defendant(s) in the possession, custody or control of the said
garnishee (s) .
(Indicate) Index this writ against
DATE : ~ z`S ~ ~ Signature
Arthur M. eld, Esquire
1309 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
(717) 770-0292
ID No. #07172
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4432 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LAMAR ADVERTISING COMPANY Plaintiff (s)
From JOE AIELLO T/A BROTHERS PIZZA, 700 VALLEY STREET, ENOLA, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell DEFTENDANTS
HOUSEHOLD GOODS AND PERSONAL PROPERTY .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013
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 $3,619.00
Interest from 6/19/07
Atty's Comm
Atty Paid $54.25
Plaintiff Paid
Date: 7/26/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
C rtis R. Long, Prothonota
By:
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
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LAMAR ADVERTISING COMPANY
Plaintiff
vs.
JOE AIELLO T/A BROTHERS PIZZA
Defendant/s
COMMERCE BANK
Garnishee
} IN THE COURT OF COMMON PLEAS
} CUMBERLAND COUNTY
}
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}#07-4432
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Would you please dissolve the attachment against Commerce Bank
Garnishee, in the above captioned matter.
To
Prothonotary
November 19, 2007
Attorney for Plaintiff
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LAMAR ADVERTISING COMPANY
Plaintiff
vs.
JOE AIELLO T/A
BROTHERS PIZZA
Defendant
COMMERCE BANK
Garnishee
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ~7- ~y`.3~ CiV~L ~Efl-'L
CIVIL ACTION - LAW
A,~ s c.J ~s `70
INTERROGATORIES TO GARNISHEE
T0: COMMERCE BANK, Garnishee
K
You are required to file answers to the following interrogatories
within twenty (20) days after service upon you. The answers must be
in writing and under oath. You are warned that if you fail to do
so, a Judgment may be entered against you by the Court without
further notice for any money claimed by the Plaintiff against the
Defendant. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
1. At the time you were served or at any subsequent time did you
owe the defendant any money or were you liable to the defendant on
any negotiable or other written instrument, or did he claim that
you owed the defendant any money or were liable to him for any
reason? If so, specify how much.
No
2. At the time you were served or at any subsequent time was
there in your possession, custody, or control or in the joint
possession, custody, or control of yourself and one or more other
persons any property of any nature owned solely or in part by the
defendant? If so, specify how much.
No
3. At the time you were served or at any subsequent time did you
hold legal title to any property of any nature owned solely or in
part by the defendant or in which defendant held or claimed any
interest?
No
4. At the time you were served or at any subsequent time did you
hold as fiduciary any property in which the defendant had an
interest?
No
5. At any time before or after you were served did the defendant
transfer or deliver any property to you or to any person or place
pursuant to your direction or consent and if so what was the
consideration therefor?
No
6. At any time after you were served did you pay, transfer, or
deliver any money or property to the defendant or to any person or
place pursuant to the defendant's direction or otherwise discharge
any claim of the defendant against you?
No
7. If you are a bank of other financial institution, at the time
you were served or at any subsequent time did the defendant have
funds on deposit in an account in which funds are deposited
electronically on a recurring basis and which are identified as
being funds that upon deposit are exempt from execution, levy or
attachment under Pennsylvania or federal law? If so, identify
each account and state the reason for the exemption, the amount
being withheld under each exemption and the entity electronically
depositing those funds on a recurring basis.
No
8. If you are a bank or other financial institution, at the time
you were served or at any subsequent time did the defendant have
funds on deposit in an account in which the funds on deposit, not
including any otherwise exempt funds, did not exceed the amount of
the general monetary exemption under 42 Pa.C.S. 8123? If so,
identify each account.
No These interrogatories shall be deemed to be continuing
interrogatories. If after the time of your answer, you or anyone
acting in your behalf learn or obtain additional information
requested, but not supplied in your answers, you shall promptly
furnish a supplemental answer under oath containing the same.
~.
Dated: 1. ~ 20~
For signature by Garnishee:
t
Art ur Feld
Attorney for Plaintiff
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
ID #07172
^~p ~ ~- S~~G~-'~ states subject to the penalties
of 18 Pa. C. S. Section 4904 relating to unsworn falsification to
authorities, that he/she is authorized by Garnishee to make this
affidavit, and that the facts set forth herein are true and
correct to the best of his/her knowledge, information and belief.
Dated: /l-)u~t.en3~iZ -~i 20 07
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff s Costs: Advance Costs: 150.00
Sheriff's Costs: 86.19
Docketing 18.00 63.81
Poundage 1.69
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 05/22/08
Mileage 15.00
Surcharge 40.00
Levy
Certified Mail
Post Pone Sale
Garnishee 9.00
Postage
TOTAL $ 86.19 / ~/dy/ot`S~Answers~.
_ ~~.~~
R. Thomas Kline, Sheriff
C
By Claudia A. Brew aker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4432 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LAMAR ADVERTISING COMPANY Plaintiff (s)
From JOE AIELLO T/A BROTHERS PIZZA, 700 VALLEY STREET, ENOLA, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell DEFTENDANTS
HOUSEHOLD GOODS AND PERSONAL PROPERTY .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013
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
bf 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 $3,619.00
Interest from 6/19/07
Atty's Comm
Atty Paid $54.25
Plaintiff Paid
Date: 7/26/07
L.L. $.50
Due Prothy $2.00
Other Costs
(Seal)
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
LAMAR ADVERTISING COMPANY
Plaintiff
JOE AIELLO T/A
BROTHERS PIZZA
Defendant/s
} IN THE COURT OF COMMON PLEAS OF
} CUMBERLAND COUNTY, PA
}
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NO. 2007-4432 Civil Term
.,.??a
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} CIVIL ACTION LAW
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Would you please satisfy the judgment against the
defendant/s in the above captioned matter.
To
Prothonotary
2012
'LL V71, ?V-De
Attorney for Plaintiff