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Home My WebLink About07-7758DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. MARK CRETE, INC. 71 Texaco Road Mechanicsburg, PA 17055 and F. MARK ESHLEMAN, JR 1077 Nanroc Drive Mechanicsburg, PA 17055 Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D'7 - 7 7 r? La-, ( -f crm PRAECIPE Please enter Judgment in the amount of $2,382.76, plus costs, against Mark Crete, Inc. and F. Mark Eshleman, Jr. as per the attached Notice of Judgment/Transcript of Civil Case. Date: oZ?, 1 By: :)QAjL Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 Attorney for Plaintiff OkIlt OMMONWEALTH OF PENNSYLVANIA COUNTY OF. CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Add'ess: 4 0 0 BRIDGE ST OLDS TOWNS COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 DRIVZKORE INC 101 WESLEY DRIVE MECHANICSBURG, PA NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rDRIVESORE INC 101 WESLEY DRIVE MECHANICSBURG, PA 17055 L VS. J DEFENDANT: NAME and ADDRESS rilARK CRETE INC/>ID? M ESHELMAN JR 7 71 TEXACO ROAD MECHANICSBURG, PA 17050 L J Docket No.: CV-0000487-07 17055 Date Filed: 10/16/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/16/07 ® Judgment was entered for: (Name) DRIVZKORE INC, Fz1 Judgment was entered against: (Name) MUM CRETE INCIMARK ESHELMAN JR in the amount of $ 2,382.76 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F]This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.266.76 Judgment Costs $ 1 0 Interest on Judgment $ .00 Attorney Fees $ Total $ 2,382.76 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT 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. NOV 1 6 2"7bate I certify that this is a true and 12/20/2007 Date l of the rd of the My commission expires first Monday of January, 2008 Magisterial District Judge containing the judgment. rial District Judge SEAL AOPC 315-07 DATE PRINTED: 11/19/07 12:56:00 PIK \1 V1 '•C S? pl pr?? n ? o , ` tV i 7 L s co _ I? C DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. MARK CRETE, INC. 71 Texaco Road Mechanicsburg, PA 17055 and F. MARK ESHLEMAN, JR 1077 Nanroc Drive Mechanicsburg, PA 17055 Defendants V. SOVEREIGN BANK 17 W. High Street Carlisle, PA 17013 Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7758 CIVIL TERM 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 Mark Crete, Inc., and F. Mark Eshelman, Jr., Defendants; and (3) against Sovereign Bank, Garnishee; (4) and index this writ (a) against Mark Crete, Inc., and F. Mark Eshelman, Jr. Defendant (b) against Sovereign Bank, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: Any and all accounts of the Defendants, including but not limited to Account # 1741062179. (5) Amount of Judgment $ 2,382.76 Attorney Fees $ 195.00 Interest 102.00 Total $ 2,679.76 (plus filing and service costs) Garnishee Service Only. BY: Charles Rector, Esquire (ID# 39121) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 v Attorney for Plaintiff Date: (? (7 0 C=n r _ CO ._... ri'' I i= m! OVA .r ..... T CI y -' 4-- V l 7r L7A ? ?. O o ' f1 rl> O a 'P WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7758 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC., Plaintiff (s) From MARK CRETE, INC., and F. MARK ESHELEMAN, JR., 1077 Nanroc Drive, Mechanicsburg, PA 17055 (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 GARNISHEE(S) as follows: SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 Any and all accounts of the Defendants, including but not limited to Account #1741062179 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 $2,382.76 Interest -- $102.00 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/11/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti ,VR. Long, P not ry By: Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, SUTIE 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone : 717-761-8101 Supreme Court ID No. 39121 ?- r SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07758 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DRIVEKORE INC VS MARK CRETE INC ET AL And now RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:09 Hours, on the 16th day of January , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MARK CRETE INC hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DIANA HARE (TELLER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answe s r: Docketing .00 "" .',"??•.? Service .00 ? Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 n 00 V r/aa?o %- 01/16/2008 Sworn and Subscribed to before me this day of By L_ Deputy Sheriff A.D .- . .r SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07758 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DRIVEKORE INC VS MARK CRETE INC ET AL And now RONALD HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:09 Hours, on the 16th day of January , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , ESHLEMAN F MARK JR hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DIANA HARE (TELLER) personally three copies of interogatories together with and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . , in the true and made Sheriff's Costs: So answers: Docketing .00 N Service .00 J Affidavit .00 R. Thomas Kline-, Surcharge .00 Sheriff of Cumberland County .00 00 V 1 /a q0 Y ?., 0/1/16/2008 Sworn and Subscribed to before me this day of By Deputy Sh riff A.D DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. MARK CRETE, INC. 71 Texaco Road Mechanicsburg, PA 17055 and F. MARK ESHLEMAN, JR 1077 Nanroc Drive Mechanicsburg, PA 17055 Defendants V. SOVEREIGN BANK 17 W. High Street Carlisle, PA 17013 Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7758 CIVIL TERM ltj }r INTERROGATORIES INATTACIIMENT To: Sovereign Bank 17 W. High Street Carlisle, PA 17013 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 following interrogatories is affirmative specify the amount, value, and/or nature of the subject property. RESPECTFULLY SUBMITTED: rho Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: I . 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? 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 or one or more other persons any property of any nature owned solely or in part by the defendant(s)? Yes-See Attached 3. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? No 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? If so, explain in detail. No 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 any 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 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, receivables, or collateral in which there was an interest claimed by defendant(s)? No 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, showing balance due at the time of service of the garnishment. None I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Sovereign Bank By: Date: January 29. 2008 ANSWERS TO INTERROGATORIES Account # 1741062179 Balance: $3,038.45 Account Holder: Mark Crete Inc 71 Texaco Rd Mechanicsburg, PA 17050-2623 VERIFICATION I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney C.O.P. Team Leader -?' ?? c_ ? -rt ??' C'.`r -ai ?' "? 61-- 77S? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Drivekore, Inc. vs. Mark Crete Inc and F Mark Eshleman Jr CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Service by certified mail addressed as follows: Mark Crete Inc 71 Texaco Rd Mechanicsburg, PA 17050-2623 ll Timothy J. Cooney C.O.P. Team Leader Sovereign Bank MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 January 29, 2008 ?s ??t ?` '?' DRIVEKORE, INC. Plaintiff V. MARK CRETE, INC. & F. MARK ESHELMAN, JR. Defendants V. SOVEREIGN BANK Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7758 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against the above named Garnishee, Sovereign Bank in the sum of $2,906.29, admitted in Garnishee's Answers to Interrogatories in Attachment as being owed to Defendant and which is the sum due from Defendant to Plaintiff, calculated as follows: $2,382.76 Judgment Against Defendant It `ee baek $ 102.00 Interest $ 195.00 Attorney Fees $ 226.53 Filing Fees/Sheriff's Service Fees $2,906.29 Total RESPECTFULLY SUBMITTED, Charles Rector, Esquire 1104 Fernwood Ave., Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: c?` n -P` 0 c-f?'. - Cr $ p rtZ p 7 rr, 2a. o Cyr; .: `0mo N (? J -p r-C e ; 01 ?t7 00 C 3 g NO cn W -< Ic. tb. V DRIVEKORE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7758 CIVIL TERM MARK CRETE, INC. & F. MARK ESHELMAN, JR. Defendants V. SOVEREIGN BANK Garnishee SATISFACTION TO THE PROTHONOTARY OF SAID COURT: You are hereby notified to mark the judgments in the above-captioned matter which were entered against the Defendants, Mark Crete, Inc. and F. Mark Eshelman, Jr. and Sovereign Bank, Garnishee, in favor of DriveKore, Inc. as satisfied. BY: Date: t1? Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff c - ?, ?" ? `? ? ? , .. ? . k ,?y .. ?: C"» R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. c Sheriff's Costs: Advance Costs: 150.00 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL Sheriff's Costs: 143.78 18.00 6.22 47.66 .50 2.00 Refunded to Atty on 03/20/08 4.80 40.00 20.00 9.00 1.82 $ 143.78 ? So Answers; .?l???as ?rr1 .- 5-0111 X?? R. Thomas Kline, heriff By Claudia A. Brewbaker Ch -8 V h I Nnr goo, bd ',k 1Wf1G dd183HS ?N1 -j0 3jIjj0 ? CV'- It 1- 2-'? 9S R=tL .. 261-A b WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7758 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC., Plaintiff (s) From MARK CRETE, INC., and F. MARK ESHELEMAN, JR., 1077 Nanroc Drive, Mechanicsburg, PA 17055 (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 GARNISHEE(S) as follows: SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 Any and all accounts of the Defendants, including but not limited to Account #1741062179 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 $2,382.76 Interest -- $102.00 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/11/08 L. L. $.50 Due Prothy $2.00 Other Costs Curti . Long, Proth (Seal) By: Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, SUTIE 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-8101 Supreme Court ID No. 39121