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Home My WebLink About08-0505COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUMBERIJL D Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: 717 ) 761-823.0. 17050 TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODMEBMT PLTF fqe , C ? - 5"6 ? Gwj i '- cr' NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rTIN MCGOVERN -f 4619 N. PROGRESS AVE HARRISBURG, PA 17110 L J VS. DEFENDANT: NAME and ADDRESS rPENN BCAVATING, INC. 7 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 L J Docket No.: CV-0000789-07 Date Filed: 11/16/07 (Date of Judgment)_ 12/20/07 ® Judgment was entered for: (Name) TIM MCGOVERN Judgment was entered against: (Name) PENN ZCAVATING, INC. in the amount of $ 81052.50 Defendants are jointly and severally liable. Damages will be assessed on Date & Time Q 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 $ 7,900.00 Judgment Costs $_ 152.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,052.50 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 MAYBE ISSUED BY THE MAGISTERIALDISTRICT 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. >1 IV (1) C6 V / Date Ice 'fy that this is a true ?u w k e / Date My commission expires first Monday of January, 2010 Magisterial District Jug containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 12/20/07 10:01:00 AM 'V C) o N j r, ?J l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment TIM McGOVERN 4619 N. PROGRESS AVENUE ; ( ) Other HARRISBURG, PA 17110 VS. File No. 2008-505-Civil Term PENN XCAVATING, INC. 5SILVER SPRING ROAD MECHANICSBURG, PA 17050 and CITIZENS BANK (garnishee) 2 WEST MAIN STREET MECHANICSBURG, PA 17055 : Amount Due 18452.50 Interest Atty's Comm $2,000.00 Costs 1 ?'? i TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does notarise 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 ofr_UNmBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) ILVER SPRING 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) 62003404751 WEST MAIN STREET, MECHANICSBURG, PA 17055 \ and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee(s) as a lis pendens a6nst real estate of the defenda t(s) described in the attached exhibit. Date 0 Signature: Print Name: Address: Attorney for Telephone L SLUE _ JACOBSON 81 RRY STREET, STE. A HARRISBURG, PA 17111 _PLAINTIFF 717.909.5Fi5R Supreme Court ID No.: 5 2 6 7 3 (over) w 2 N Pn x WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02008-505 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Tim McGovern 4619 N. Progress Avenue, Harrisburg, PA 17110 Plaintiff (s) From Penn Xcavating, Inc. 5 Silver Spring Road Mechanicsburg, PA 17050 (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 Citizens Bank 2 West Main St Mechanicsburg, PA 17055 GARNISHEE(S) as follows: Citizens Bank Account #6200340475 2 West Main Street, Mechanicsburg, PA 17055 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 $8052.50 Interest Atty's Comm %$2,000.00 Atty Paid $54.50 Plaintiff Paid Date: January 31, 2008 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs (!1V -.0- ..* -A6?? M69 C R. Long, onotary By: Deputy REQUESTING PARTY: Name Leslie D. Jacobson, Esq. Address: 8150 Derry Street, Ste. A Harrisburg, PA 17111 Attorney for: Plaintiff Telephone: 717-909-5858 Supreme Court ID No. 52673 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00505 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MCGOVERN TIM VS PENN XCAVATING INC And now TIMOTHY BLACK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:41 Hours, on the 6th day of February-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PENN XCAVATING INC hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the ATHENA M. OTT (BANK OFFICER) , 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 a sari` ,/` Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 02/07/2008 Sworn and Subscribed to before me this day of By eputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION TIM MCGOVERN, Plaintiff(s), VS. PENN XCAVATING, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. No. 2008-505 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Parry: Nicholas Deenis, Esquire PA I.D. No. 62378 2600 One Commerce Square Philadelphia, PA 19103 - 7098 (215)-564-8142 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION TIM MCGOVERN Plaintiff(s), vs. PENN XCAVATING Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. No. 2008-505 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 10) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pa, states that it maintains a checking account in the name of the Defendant; Penn Xcavating, with an available balance of $10,409.50, after deduction of garnishee's processing fee of $50.00, being held subject to this Writ of Execution. v COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Laura Noel who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. 4, ----) Laura N el Sworn and subscribed before COMMONWEAL- I u_r rt'°rv° Notarial Seat Bruce D. Mountjoy, Notary Public City of Pittsburgi . A leghen? County I My commissioo e res Ma 15, 201 Member, Pennsylvania Association of Notaries me this 7 9 day of , 2008. Certificate of Service I, Laura Noel, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this a day of 2008. THE LAW OFFICES OF LESLIE D. JACOBSON 8150 DERRY STREET HARRISBURG, PA 17111 PENN XCAVATING, INC Laura oel C') n.a K ? 7-1 ` 3 +? 25 Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110, PLAINTIFF V. PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 DEFENDANT AND CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 GARNISHEE Y To Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-505 CIVIL TERM Please enter judgment in the amount of g$?}$$62-30 plus cost .9 a, ate' (Y3 against Garnishee Citizens Bank. in the amount of $ ?? Respectfully submitted, THE LAW OFFIC OF LESLIE DAVID JACOBSON C Dated: March 7, 2008 L eslie D. Jacobson, I # 2673 ttorney for Plaintif 150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-505 CIVIL TERM JUDGMENT Judgment is herby entered in favor of plaintiff Tim McGovern and against Garnishee TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110, PLAINTIFF V. PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 DEFENDANT AND CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 GARNISHEE Citizens Bank in the amount of $10,274.00. J. 2 TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110, PLAINTIFF V. PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 DEFENDANT AND CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 GARNISHEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-505 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 7`h of February 2008, I, Jennifer L. Karr, Legal Assistant at the Law Offices of Leslie D. Jacobson, attorney for the Plaintiff, hereby certify that on this day I served the within documents upon the person indicated below via first class mail, postage prepaid of a true and correct copy of the same, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Citizens Bank ("Garnishee') Operations Services 525 William Penn Place Room 153-2618 Pittsburgh, PA 15219 nn'fer L K Le al Assistant 3 ? ?, rv O -" U ct rl TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110 PLAINTIFF V. PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 DEFENDANT AND CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 GARNISHEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-505 CIVIL TERM PRAECIPE TO DISSOLVE WRIT OF EXECUTION TO THE PROTHONOTARY: Please dissolve the Writ of Execution entered in the above-captioned matter upon payment of your costs only. Respectfully submitted, THE LAW OFFICEWF LESLIE DAVID JACOBSON Dated: April 1, 2008 P?lie D. Ja-Cobson AftorneyXor Plaintiff -1 0 Street Harrisburg, PA 17111 717.909.5858 TIM MCGOVERN 4619 N. PROGRESS AVE HARRISBURG, PA 17110 PLAINTIFF V. PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 DEFENDANT AND CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 GARNISHEE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-505 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 1St day of April, 2008, I, Jennifer L. Karr, Legal Assistant at the Law Offices of Leslie D. Jacobson, attorney for the Plaintiff, hereby certify that on this day I served the within documents upon the person indicated below via first class mail, postage prepaid of a true and correct copy of the same, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: PENN XCAVATING, INC. 5 SILVER SPRING ROAD MECHANICSBURG, PA 17050 CITIZENS BANK 2 WEST MAIN STREET MECHANICSBURG, PA 17055 w `? w W f -, [v,??, %? (". ? t T ?= ?? ? -?? ;-- ._{ ?,-? ,?? s;.i.? _ _ :,,:j ??_ __." ,,. ?? '?? -? ;`-;-_ ytry 4 j _ `.? ..e:, ,. g `.? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.70 Advertising Law Library .50 Prothonotary 2.00 Milage 4.80 Surcharge 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 Bad Check Postage 82 Total 86.82 'j,) 116,7 (,. 1? r c 1- 933 6001 ``? h0 ;fi d Hl ,?312i3NS ? Advance Costs: 150.00 Sheriffs Costs: 86.82 63.18 Refunded to Atty on 1/20/09 So Answers; eRV.omas Kline; Sheriff By Claudia A. Brewbaker N 0 F .7. (TU eO 3 v L. ?. e a? a /Ge_ G17 73? 1&.. .7401 may' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02008-505 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Tim McGovern 4619 N. Progress Avenue, Harrisburg, PA 17110 Plaintiff (s) From Penn Xcavating, Inc. 5 Silver Spring Road Mechanicsburg, PA 17050 (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 Citizens Bank 2 West Main St Mechanicsburg, PA 17055 GARNISHEE(S) as follows: Citizens Bank Account #6200340475 2 West Main Street, Mechanicsburg, PA 17055 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 $8052.50 Interest Atty's Comm %$2,000.00 Atty Paid $54.50 L.L.$.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: January 31, 2008 (Seal) log C is R. Long, on to By: Deputy REQUESTING PARTY: Name Leslie D. Jacobson, Esq Address: 8150 Derry Street, Ste. A Harrisburg, PA 17111 Attorney for: Plaintiff Telephone: 717-909-5858 Supreme Court ID No. 52673