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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 ~ 7' ~/~{3a Ciu[I Ttr. 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 D~ "~,' c~ C_ N a ~ -~ c, W ~ ; d - - >C W j r - ~'` 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 a C~ w '~ ~ ~ ~ ~ ~ ~ .~ "' ...., f ° 0 - "' - _ O D _~Q ° : _ ~ ~ ~ a , ~-~ rya 0 .~ 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 w LAMAR ADVERTISING COMPANY Plaintiff vs. JOE AIELLO T/A BROTHERS PIZZA Defendant/s COMMERCE BANK Garnishee } IN THE COURT OF COMMON PLEAS } CUMBERLAND COUNTY } } } }#07-4432 } } } } } Would you please dissolve the attachment against Commerce Bank Garnishee, in the above captioned matter. To Prothonotary November 19, 2007 Attorney for Plaintiff C'a ''" ~'.: c Q .~ ..., -~,IL p-~ I-. Q is f?~~ ~ F oo ~ :..., „~ c~7~ R err=. p1 '(~ 4„ j'_ ~~l ((-~ ~'-i : -- peT``' ~'r . r' ` 3 Q '~ ~ ~ ~ fl.3 ": 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 ra ~ o c-. _, K.~s -z~ i ~ ; rr~s?:,, o ft1~ <y__: - _ N ,~ -~ m > __ , -,~ ~., ~ ~ t ~ ~ C7 ~ - - . . ~ C f V r r t ''~ _ - -i tT~ 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 ~, ~ ~ ~, ~ ~ ~~ ,1- ~- _~ (111 ~. ~, so ~ ~- cr,~ G v ~ ~ ~ /i~, ~ 0 9 Fa ~ ~~ v ~C. s, 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 } } } r?? NO. 2007-4432 Civil Term .,.??a } Cn L } c-, CD _F } CIVIL ACTION LAW } 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