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HomeMy WebLinkAbout08-0042COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT (--nl WTv r)p. CUMERLAW /V - Va 1 CIVIL CASE Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CRARLZS A. CLZKZNT, JR Address: 400 BRIDGE ST OLDS TON= CONKONS -SUITE 3 NEW CUMBERLA)AID, PA Telephone: (717 ) 774-5989 17070 DRIVFKORE INC 101 WESLEY DRIVE MZCBANICSBIIRG, PA PLAINTIFF: NAME and ADDRESS IBRIVMORS INC 101 WESLEY DRIVE 11[ECBANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rLARRY FOSTER/D/B/A EBI 6 0 CONA" ROAD CARLISLE, PA 17013 L J Docket No.: CV-0000485-07 17055 Date Filed: 10/16/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) ® Judgment was entered for: (Name) DRIVESORE INC, 11/16/07 ® Judgment was entered against: (Name) LARRY FOSTER/D/B/A SBI in the amount of $ 638.1 FIDefendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. F1 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 $ 545.67 Judgment Costs $ 92.50 Interest on Judgment $ .00 Attorney Fees $ :D0 Total $ 638.17 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 JUDGMENT/TRANSCRIPT 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. N0V 1 2031 Date , Magisterial District Judge I certify that this is a true and correct copy of the co d of the proe dings containing the judgment. 12/20/2007 Date ( k" Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-07 DATE PRINTED: 11/19/07 12:57:00 PM C\ P C ry? 1, ? `11 n c ,-, ; P f1 ?.? Y r.3 w (V 0 -n "Tf C? DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. LARRY FOSTER dba KBI 60 Conrad Road Carlisle, PA 17013 Defendant V. MEMBERS 1sT FCU 5000 Louise Drive Mechanicsburg, PA 17055 Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-42 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 Larry Foster dba KBI, Defendant; and (3) against Members 1" Federal Credit Union, Garnishee; (4) and index this writ (a) against Larry Foster dba KBI, Defendant (b) against Members 1" Federal Credit Union, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: Any and all accounts of the Defendant, including but not limited to Account # 2182783866. (5) Amount of Judgment $ 638.17 Attorney Fees $ 195.00 Interest 24.55 Total $ 857.72 (plus filing and service costs) Garnishee Service Only. BY: Cj-atb Charles Rector, Esquire (ID# 39121) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 Date: Attorney for Plaintiff .6R- V-Z rYil Q ?ry C-ri G 7 C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-42 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC., Plaintiff (s) From LARRY FOSTER d/b/a KBI (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: MEMBERS 1" FEDERAL CREDIT UNION., 5000 Louise Drive, Mechanicsburg, PA 17055 Any and all accounts of the Defendant, including but not limited to Accout # 2182783866. 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 $638.17 Interest -- $24.55 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/14/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti . Long, Prothy By: Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-0454 Supreme Court ID No. 39121 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 DRIVEKORE INC (VS) FOSTER LARRY ET AL Case Number 2008-00042 Received of PD ATTY DKB Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 24.50 Check# .00 .00 $24.50 Receipt Date 1/14/2008 Receipt Time 13:56:02 Receipt No. 203149 5275 --= .------------------- Distribution Of Payment ---------------------------- ?,.?«ction Description Payment Amount "I'RIT OF EXEC 24.00 CUMBERLAND CO GENERAL FUND WRIT TAX/EXEC .50 BUREAU OF RECEIPTS AND CONTROL $24.50 Y RECEIVED JAN 2 2 2006 DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. LARRY FOSTER dba KBI 60 Conrad Road Carlisle, PA 17013 Defendant V. MEMBERS I ST FCU 5000 Louise Drive Mechanicsburg, PA 17055 Garnishee Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-42 CIVIL TERM 0sor -w INTERROGATORIES INATTACHMENT To: Members I" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 . 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 interroizatories is affirmative specify the amount value and/or nature of the subject property. RESPECTFULLY SUBMITTED: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff jWD Date: RECEIVED JAN 2 2 2008 1. 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)? no 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. nu RECEIVED JAN 2 2 2008 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? 00 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. no E-4:. tai SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00042 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DRIVEKORE INC VS FOSTER LARRY ET AL And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:25 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 FOSTER LARRY D/B/A KBI hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM RD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the BRIAN PETERS (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 His . Sheriff's Costs: So answers:, Docketing .00 Service .00 _- ?l :e Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 01/17/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states .tom this writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 85.99 Docketing 18.00 64.01 Poundage 1.69 Advertising Law Library .50 Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL 2.00 4.80 30.00 20.00 9.00 Refunded to Atty on 01/29/08 $ 85.99 ? /1-31/0 ? I- So IS Z d S i Nvr Boot R. Thomas li 40 c lau is . bd 'AINA03 ui I 1%!' (I J' JAW NS Ni ?0 301A30 Sheriff s b"" 0 N Ge 6 2 d 3'7 4.C, oH1 ) I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-42 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC., Plaintiff (s) From LARRY FOSTER d/b/a KBI (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: MEMBERS 1sT FEDERAL CREDIT UNION., 5000 Louise Drive, Mechanicsburg, PA 17055 Any and all accounts of the Defendant, including but not limited to Accout # 2182783866. 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 $638.17 Interest - $24.55 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/14/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti Long, Prot ry By: Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-0454 Supreme Court ID No. 39121