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
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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-
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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
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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
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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