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HomeMy WebLinkAbout07-4453COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU~ERI.AND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THO>I!<AS A. PLACBY Address: Z04 S SPORTING BILL RD Ila~c>aANlcssvRa, PA Telephone: (717 761-8230 17050 lLARIO ![ . BALL$RA 6057 $D~iARD DRIVE 1L8C$ANICSBIIRG, PA d7- ~~d 5~ . „ ~! `frnr~ NOTICE OF JUDGMENT/TR~NSCRIPT CIVIL CASE PLAINTIFF: rJAME_ and ADDRESS ~BALLBRA, MARIO !~ ~ 6057 ED1iARD DRIVE 1LECHANICSBIIRG, PA 17050-6843 L J vs. DEFENDANT: NAME and ADDRESS rD8'eR CONSTRIICTION, INC . ~ 231 8. ROOSSVBLT AV8NQ8 >I!<IDDL8T01iN, PA 17 0 57 L_ J Docket No.: CV-0000138-07 17050-6843 Date Filed: 3/07/07 THIS IS TO NOTIFY YOU THAT: Judgment: DSFAIILT. _ ~IID _ PLTF ® Judgment was entered for: (Name) (Date of Judgment} 6/19/07 BALLSRA, NARIO 11[ Judgment was entered against: (Name) DAR CONSTRIICTION, INC. in the amount of $ 8.147.8 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 $ 8.000.00 Judgment Costs $ 1 7.85 Interest on Judgment $ ~0 Attorney Fees $ . 00 Total $ 8.147.85 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 JUDGMENTlrRANSCRIPT 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 IFURTHER 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. ®h" ~ /'' © Date I certify that this is a true _~ ' a Date _ My commission expires first Monday of January, 2010 Magisterial District Judge gs containing the judgment. Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 6/19/07 3:08:00 PM C'~ ~ d ~ ~ ~: a # .~ _ r- ~ m V'1 -- ~_ -~ -r', d ~ ~'~r„ c to `-~ ~ ~ ~ f~ ,~" ~ 't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: d3a //er~t.~ /1//t~r~. D M M~cti..~ixicrb.~,~'9, r~ /7os'o - G8'~3 VS. ( )Confessed Judgment ( )Other •~' File No. v 7 -'r~'Y~''.3 Amount Due 8 e ~ 7 g,~ .~3!~/ ~ • TloaS ~c Jc /~ ~ ~e-rccc.~- kk ~`di~ lC ~B ~N ~ ?ifs / 7D S 7 TO THE PROTHONOTARY OF THE SAID COURT: Interest Atty's Comm Costs 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.1~~t~~~ ~~.~ County, for debt, interest and costs, upon the following described property of the de ndant(s) k PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of f~y~~ ~ ~~ County, for debt, interest and costs, as above, directing attachment against the abov -named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) X and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ~2~gTi.~.l y ,ZBD 7 Signature: C~Gt~,~,,,,~r ~. Print Name: MA-R ~ v M . ~,a t, L 6. R /s Address: (~S7 Epwassta DR~U~' !'V16~-i~I~L~cs'f3~.t~C, I"~~ /7o5b-G~" Attorney for: ~~` Telephone: ~'?J ~~ rq? _ ;i G S- 7 Supreme Court ID No.: (over) ~ C ~ +.~ c '~' ~ ~ • 1 9~ ~ C:. rte- ~ ~~ ~ ~i ~ car' ~ 9 O . "~ ~ v ~' V ' O ' ~ b ~ ~'1 ~' C ~ ~ S ._.. N o T1 ~'1 R ` •~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4453 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARIO M. BALLERA Plaintiff (s) From D&R CONSTRUCTION, INC., 231 EAST ROOSEVELT AVENUE, MIDDLETOWN, PA 17057 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CONSTRUCTION EQUIPMENT AND TOOLS . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $8,147.85 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid Other Costs Plaintiff Paid $51.25 Date: 07-27-07 s C 's R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MARIO M. BALLERA Address: 6057 EDWARD DRIVE MECHANICSBURG, PA 17050-6843 Attorney for: Telephone: 717-697-2657 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIO BALLERA, CIVIL ACTION Plaintiff NO. 07-4453 v. D & R CONSTRUCTION, INC, Defendant PLAINTIFF MARIO BALLERA'S MOTION TO COMPEL THE ANSWERING OF INTERROGATORIES TO DEFENDNAT, D & R CONSTRUCTION IN AID OF EXECUTION Plaintiff, Mario Ballera, respectfully request that this Court compel Defendant, D & R Construction, Inc., to answer the Interrogatories to Defendant in Aid of Execution (hereinafter "Interrogatories"). In support of this request, Plaintiff avers the following: 1. On or about June 19, 2007 the Honorable Judge Thomas Placey entered a judgment against D & R Construction, Inc., in the amount of Eight Thousand One Hundred and Forty Seven Dollars and Eighty Five Cents ($8,147.85). 2. On or about July 27, 2007 Plaintiff filed a Praecipe for Writ of Execution in the amount of Eight Thousand One Hundred and Forty Seven Dollars and Eighty Five Cents ($8,147.85). 3. On or about July 27, 2007 the Cumberland County Prothonotary issued a write of execution to the sheriff to serve on Defendant, D&R Construction. ~, . 4. On or around Mary 13, 2008, Plaintiff mailed Interrogatories to Defendant in Aid of Execution. 5. To date, Plaintiff has not received the answers to the Interrogatories from the Defendant. 6. Plaintiff has a judgment against Defendant and needs the answers to the Interrogatories to collect the money owed for the judgment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant his Motion to Compel for the answering of Plaintiff's Interrogatories, D & R Construction, in Aid of Execution. Respectfully submitted, Mario Ballera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIO BALLERA, CIVIL ACTION Plaintiff NO. 07-4453 v. D & R CONSTRUCTION, INC, . Defendant . CERTIFICATE OF SERVICE I, Mario Ballera, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: US Mail addressed as follows: D & R Construction, Inc. 57 Jury Street Highspire, PA 17057 D&R Construction, Inc. 334 Ann Street, Apt 1 Middletown, PA 17057 Mario Ballera Date: 7~ ~ o `~~ 1 ~44,1~' 't/` b ..it ~I~'t_ !p' t- ~ t '.t ~ w' ~ ~. ~ zoo9 ~ tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'~f,, PENNSYLVANIA MARIO BALLERA, CIVIL ACTION Plaintiff NO. 07-4453 v. . D & R CONSTRUCTION, INC, Defendant ORDER AND NOW, this _ i,~__ day of 2009, upon considE;ration of Defendant's Motion to Compel the answering of Plaintiffs Interrogatories to Defendant, D & R Construction in Aid of Execution, it is hereby ORDERED and DECREED that the motion is GRANTED and it is ordered that Defendant, D & R ,~e..~p•.r[ ~o Construction, Inc., is compelled to afiewe+' Plaintiffs Interrogatories to Defendant, .F.rtnr: ~e. D & R Construction in Aid of Execution within 30 days ~pe~~a#r~ of this order or suffer sanctions upon further application to this Court. ario Ballera 6057 Edward Drive Mechanicsburg, PA 17050 D Construction, Inc. 7 Jury Street Highspire, PA 17057 ~R Construction, Inc. 334 Ann Street, Apt 1 Middletown, PA 17057 ~- { 4~ ~ 1 ~ 9 } l~;+ I «/~ e11' M + µ ?