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Home My WebLink About07-7398 to H GALBRAITH/ PRE-DESIGN, INC., Plaintiff V. DAWN COMMONS PARTNERSHIP, Defendant C"'4 rje P1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7- -7 3 9 gr O-,, /7o/s PRAECIPE TO INDEX TO THE PROTHONOTARY: Please index the attached Judgment Note against Dawn Commons Partnership. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December 5, 2007 Inillf ?? ichael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Galbraith/Pre-Design, Inc. mas.dir/corporate/galbraith/dawncommons/indexjudgmentnote.pra i $21,230.32 JUDGMENT NOTE September 1, 2007 Carlisle, Pennsylvania For value received, the undersigned hereby promises to pay to the order of Galbraith/Pre-Design, Inc., of 213 Kutz Road, Carlisle, Pennsylvania, on or before September 1, 2007, the principal sum of Twenty One Thousand Two Hundred Thirty and 32/100 Dollars ($21,230.32), with interest at 18% per annum. The undersigned do hereby authorize and empower the Prothonotary or any Court of Record of Pennsylvania, or elsewhere, to appear for an to confess judgment against the undersigned for the above sum, as of any term, past, present or future, with or without declaration, with costs of suit, release of errors, without stay of execution; and the undersigned also waives the right of inquisition on any real estate that may be levied upon to collect this Note, and the undersigned do hereby voluntarily condemn the same, and the undersigned hereby authorizes the Prothonotary to enter upon the writ of execution the undersigned's voluntary condemnation, and to be passed. WITNESS: (SEAL) Dawn Commons Partnership Bv:_Qobert Duihafa, Partner bawn Commons-'ar?fship By: Dawn Shugha j r -or p v Uf fz? n rT`' 1 rv . ``;' ?- i ? $h ?7 s c's 6. r ?-f- n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: GALBRAITH/PRE-DESIGN, INC., Plaintiff ? Confessed Judgment 0 Other File No. 2007-7398 Civil Term V. DAWN COMMONS PARTNERSHIP, Defendant : Amount Due $21,230.32 Interest TO THE PROTHONOTARY OF THE SAID COURT: Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any and all accounts in the name of the Defendant with Mid Penn Bank , V6Z2 Ce,/lifk P-A , Into ?,?? L f ?X 7 vS'U and all other property of the defendant(s) in the possession, custody or control of the said ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date z .11.0$ Signature: 9, ?A. S e r e r, Esquire Print Name. M i l Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Tel4one: (717) 249-6873 Supreme Court ID No: 61974 n 1 Cn --? :-; C? 3 l ;; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7398 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GALBRAITH/PRE-DESIGN, INC. Plaintiff (s) From DAWN COMMONS PARTNERSHIP (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 MID PENN BANK, 4622 CARLISLE PIKE, MECHANICSBURG, PA 17050 GARNISHEE(S) as follows: ANY AND ALL ACCOUNTS IN THE NAME OF THE DEFENDANT 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$21230.32 Interest Atty's Comm % Atty Paid $54.50 Plaintiff Paid Date: FEBRUARY 25, 2008 L.L.$.50 Due Prothy $2.00 Other Costs Curtis R,, ong, Pr otary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL A. SCHERER, ESQUIRE Address: 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 61974 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07398 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GALBRAITH/PRE-DESIGN INC VS DAWN COMMONS PARTNERSHIP And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:20 Hours, on the 6th day of March , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DAWN COMMONS PARTNERSHIP hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to in the DEBRA K. PATRICK (ASST. BRANCH MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? 3?iy/ep Z-? 03/11/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D 1 GALBRAITH/ PRE-DESIGN, INC., Plaintiff V. DAWN COMMONS PARTNERSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7398 CIVIL TERM 4s(irers _o INTERROGATORIES IN ATTACHMENT TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, Pennsylvania 17050 You must file with the Court answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing interrogatories is affirmative, specify the amount, value and/or nature of the subject property. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Checking account 13501457 with a balance of $6,666.77 and savings account 213000703 with a balance of 2. At the time you were served or at any subsequent time, was there in your $7, 561 possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property or any nature owned solely or in part by the 121 defendant(s)? see above I r J 3. At any 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(s) or in which defendant(s) held or claimed any interest? see above 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? see above 5. At any time before or after you were served, did the defendant(s) 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 the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of the defendant(s) against you? no 7. At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by defendant(s). Loan account 500036355 and 500039664 w/ 1156 Walnut Bottom Rd. Carlisle as collateral 8. Identify every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. N/A qk?b v` Mi h e A. Scherer, Esquire Attorney for Plaintiff mas.dir/corporate/galbraith/dawncommons/midpennbankattachment.int COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Jessica Kerwin Deposit Processing Supervisor of Mid Penn Bank, a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK B Date: 3 - K- o Jess' a Kerwin Sworn and subscribed to before me, a Notary Public, this f ? `day of /L1A kC-4 2006 ary P lic my commission expires: (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal D )de L. Roy' : Notary Public M lemburg Boru. 03uohlr? County My Commission Expires May 5, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dixie L. Ross, Notary Public MYersburg Boro Datrptirt (bully My Commission E)Ores May 5, 2011 Member, Pennsylvania Association of Notarise t-0 GALBRAITH/ PRE-DESIGN, INC., Plaintiff V. DAWN COMMONS PARTNERSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7398 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against the above named Garnishee, Mid Penn Bank in the sum of $14,227.77 admitted in its Answers To Interrogatories as being owing to the Defendant and which is not greater than the sum due from Defendant to Plaintiff, calculated as follows: $14,227.77/Judgment against Defendant $ 202.00 Costs $14,429.77 Total I certify that the precise addresses of Plaintiff, Defendant and Garnishee are as follows: Galbraith/Pre-Design, Inc. c/o Michael A. Scherer, Esq 19 West South Street Carlisle, PA 17013 Dawn Commons Partnership 1156 Walnut Bottom Road Carlisle, PA 17015 Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17055 mf4kAL? 'Michael A. Scherer, Esquire AND DAMAGES ASSESSED AS ABOVE NOTICE GIVEN PURSUANT TO Pa.R.Civ.P. 236 Protho q/Ji1o 8 2 r-o C= C ;j O t m r ! C: GALBRAITH/ PRE-DESIGN, INC., Plaintiff V. DAWN COMMONS PARTNERSHIP, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7398 CIVIL TERM PRAECIPE TO SATISFY Please mark the judgment entered in this matter against Dawn Commons Partnership on April 4, 2008 as having been satisfied. Date: 9 • (6. 03 Respectfully submitted, O'BRIEN, BARIC & SCHERER JUJ/' A ' is ael A. cherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/corporate/galbraith/dawncommons/satisfyjudgment.pra if j' .. A. CERTIFICATE OF SERVICE I hereby certify that on September J? , 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 C7 ? U c-! -?, ?,,. ?, -? r, ?? °-? ? c, `_ _ _ SIC ?, . C? ?? ?ti N --t N ? G - R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABAN fJ S,OhoT*Iiq? in six months. COUNTY, PA Sheriff's Costs: 100$ FEB 2l A C? 0b Docketing 18.00 Poundage 1.80 Advertising Law Library .50 Prothonotary 2.00 Milage 10.56 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 n ? ??lb?) e8 91.86 %"' Advance Costs: 150.00 91.86 58.14 Refunded on 10/30/08 'l So Answers, ,00 4 'R. 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