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Home My WebLink About08-2147 Carter-Jones Lumber Co. vs William Witter et. at. - Transcript of Judgment page 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER COMPANY, Plaintiff, vs. WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION, CIVIL ACTION - LAW No. 08 - 651141 O'ivi I er m CERTIFIED COPY OF MAGISTERIAL DISTRICT JUDGE'S JUDGMENT Defendant. CERTIFICATE OF ADDRESSES Filed on Behalf of Plaintiff, CARTER-JONES LUMBER COMPANY COUNSEL OF RECORD FOR THIS PARTY: John R. Keating, Esquire See Attached PA I.D. No. 52779 Cheryl L. Esposito, Esquire PA I.D. No. 55952 KEATING & ESPOSITO, P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 (412) 856-8484 Phone (412) 856-4444 Fax COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 CARTER-JONES LUMBER CO 4232 NORTHERN PIKE APT/STE 202 C/O JOHN R. SEATING ESQ MONRONVILLE, PA 15146 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT '3 uDGMENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'CARTER-JONES LUMBER CO 7 4232 NORTHERN PIRG APT/STE 202 C/O JOHN R. ]=TING ESQ L1MROWILLE, PA 15146 J vs. DEFENDANT: NAME and ADDRESS *ILLIAM E. WITTER/DBA W.WITTER CONO 96 CLOUSER RD MECHANICSBURG, PA 17055 L J Docket No.: CV-0000009-08 Date Filed: 1/11/08 (Date of Judgment) 2/01/08 ® Judgment was entered for: (Name) CARTER-JONES LUMBER, CO ® Judgment was entered against: (Name) WILLIAM E. NXTTER/DBA N.WITTER CONS in the amount of It 51010.80 Defendants are jointly and severally liable. Damages will be assessed on Date & Tim( 1-1 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 $ 4,885.80 Judgment Costs $ 125.0 Interest on Judgment $ .? Attorney Fees $ -UD Total $ 51010.80 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. Date 4, 1A ; -1 District Judge I certifyrthat this is a true and correct copy of the record of the proceedings containing the judgment. 3A6 10Y Date ,. Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 MDJ Name: Hon. Honorable Mark W. Martin Address: Barclay Building 507 North York Street Mechanicsburg, PA 17055 Telephone: (717)766-4575 FILING COSTS POSTAGE SERVICE COSTS CONSTABLE ED. TOTAL AMOUNT $ 125.00 DATE PAID 12/28/07 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Carter-Jones Lumber Co -1 c/o John R. Keating, Esquire 4232 Northern Pike, Suite 202 Monroeville, PA 15146 VS. - DEFENDANT: NAME and ADDRESS William E. Witter dba William -1 Witter Construction 96 Clouser Road Mechanicsburg, PA 17055 Docket No.: 4" Date Filed: / / i0,? P Pa. R. C. P. D.J. No. 206 sets forth those costs recoverable by the prevailing party. Tn TuG nc0l-Mr%A& - -. I ne above named plaintiff(s) asks judgment against You for upon the following claim (Civil fines must include citation of the sta ute or ordintogeer ance violated): costs Balance due Plaintiff by Defendant for good and services delivered on or about July 27, 2007 for which the Defendant issued an NSF check for and now has failed or refused to pay in full despite repeated demands Amount: Interest at 6% per annum from August 27, 2007 TOTAL $ 4790.00 $ 95.80 $ 4,885.80 I, John R. Keating verify that the facts. set forth in this complaint are true and correct to th best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. /1 the Plaintiff's Attorney: John R. Keating, Esquire Telephone: (412)856-8484 Address IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SH UL ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARIN JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. or Northern Pike, Suite 202 roevllle, PA 15146 30 NOTIFY THIS OFFICE IMMEDIATELY AT THE PRESENT YOUR DEFENSE. UNLESS YOU DO, If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 30BA-05 Carter-Jones Lumber Co. vs William Witter et. at. - Transcript of Judgment page 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER COMPANY, ) CIVIL ACTION - LAW Plaintiff, ) No. vs. ) WILLIAM E. WITTER d/b/a ) WILLIAM WITTER CONSTRUCTION, ) Defendant. ) CERTIFICATE OF ADDRESSES I, the undersigned counsel do hereby certify that the last known address of the parties hereto are as follows: Plaintiff: CARTER-JONES LUMBER COMPANY P.O. Box 417 Meadowlands, PA 15347 Defendant: WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION 96 Clouser Road Mechanicsburg, PA 17055 R. Keating, Esquire xr:?a Z rc CO ' . E. St a -L 90. .? Ln .F? D n I''? Carter-Jones Lumber Co. vs William Witter et. at. - Transcript of Judgment page 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER COMPANY, ) CIVIL ACTION - LAW Plaintiff, ) No. vs. ) WILLIAM E. WITTER d/b/a ) WILLIAM WITTER CONSTRUCTION, ) Defendant. ) NOTICE OF ORDER DECREE OR JUDGMENT TO: WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION 96 Clouser Road Mechanicsburg, PA 17055 ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby noticed that an Order, Decree or Judgment was entered in the above captioned proceeding on /og ( ) A copy of the Order or Decree is enclosed; or (X) The judgment is as follows: $5,010.80plus costs ro`fho o'Fa.rc? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER CO., Plaintiff, Vs WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION, MONEY JUDGMENT Defendant And CIVIL ACTION - LAW No. 08-2147 PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of Plaintiff CARTER-JONES LUMBER, CO. INTEGRITY BANK, Garnishee COUNSEL OF RECORD FOR THIS PARTY John R. Keating, Esquire PA I.D. No. 52779 Cheryl L. Esposito, Esquire PA I.D. 55952 Keating & Esposito, P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 412-856-8484 phone 412-856-4444 fax r - . - '01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER CO., Plaintiff, vs WILLIAM E. WITTER d/b/aWILLIAM WITTER CONSTRUCTION, Defendant, And INTEGRITY BANK, Garnishee CIVIL ACTION - LAW No. 08-2147 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. Defendant. William E. Witter d/b/a William Witter Construction. (3) Against Garnishee Integrity Bank,.s-aqs m&rfcet s+, 00-tAp Wil , pA t'ton ®? (4) Amount Due: $5,010.80 6% interest from April 3, 2008 $ 25.05 TOTAL $5,035.85 Respectfully submitted, Keating & EspasAq, P.C. BY: for the Plaintiff s ? oa ? O ?D W J cs? $ O ? o u o 40 sv rs-s r. otfi WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2147 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARTER-JONES LUMBER CO., Plaintiff (s) From WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION (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: INTEGRITY BANK, 3345 Market Street, Camp Hill, PA 17011 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 $5,010.80 Interest - 6% interest from 4/03/08 - $25.05 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 5/27/08 L.L. $.50 Due Prothy $2.00 Other Costs A-A&q4?q Curti . Long, P ary (Seal) REQUESTING PARTY: Name JOHN R. KEATING, ESQUIRE Address: KEATING & ESPOSITO, P.C. 4232 NORTHERN PIKE, SUITE 202 MONROEVILLE, PA 15146 Attorney for: PLAINTIFF By: Deputy Telephone: 412-856-8484 Supreme Court ID No. 52779 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02147 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CARTER-JONES LUMBER COMPANY VS WITTER WILLIAM E ET AL And now RONALD HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:27 Hours, on the 9th day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , WITTER WILLIAM E DBA WILLIAM WITTER CONSTRUCTION in the hands, possession, or control of the within named Garnishee INTEGRITY BANK 3345 MARKET ST CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to BARB TOME (CUSTOMER SERVICE REP) , personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So answers: .00 .00 .00 R. Thomas Kline. .00 Sheriff of Cumberland County 0000 06/10/2008 day of By Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER, CO, Plaintiff, vs. WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION, Defendant. And INTEGRITY BANK, Garnishee. CIVIL ACTION - LAW No. 08-2147 PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY Filed on Behalf of Plaintiff, CARTER-JONES LUMBER CO. COUNSEL OF RECORD FOR THIS PARTY: John R. Keating, Esquire PA I.D. No. 52779 Cheryl L. Esposito, Esquire PA I.D. No. 55952 KEATING & ESPOSITO,P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 (412) 856-8484 Phone (412) 856-4444 Fax s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-DONE LUMBER CO., Plaintiff, vs. WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION, Defendant, And INTEGRITY BANK, Garnishee. CIVIL ACTION - LAW No. 08-2147 PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY TO THE PROTHONOTARY: Please discontinue the captioned matter as to the Garnishee, INTEGRITY BANK Only and marked it off of the docket. Sworn to and Subscribed Before me this 23th day of June, 2008. Respectfully submitted, KEATI NG-ES POS ITO, P. C. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori E. Beatty, Notaq Public Monroeville Boro, Allegheny County My Commission E)pires Nov. 30, 2011 Member, Pennsylvania Agsociatlon of Notaries BY: g, Esquire eys for Plaintiff 0 , ' ~ CERTIFICATE OF SERVICE I, the undersigned counsel do hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY was served this 23T" day of June, 2008 by U.S. mail, first class, postage prepaid to the Garnishee and to the Defendant addressed as follows: William E. Witter d/b/a William Witter Construction 96 Clouser Road Mechanicsburg, PA 17065 Integrity Bank Attn: Becky M. Bacher 3345 Market Street Camp Hill, PA 17011 olo 65 W V- 1 b R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Gam; Sheriff s Costs: Docketing 18.00 Poundage 100.22 Advertising Law Library .50 Prothonotary 2.00 Mileage 23.00 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 Bad Check Charge Postage TOTAL $ 232.72 Pd by Defendant So Answers; R. Thomas Kline, ailleriff _, 1 B Claudia A. Brew aker h I :Z d E - NnP 8002 dH?E. a if Co - Y n G43"z .2 it. Q ao v WRIT OF EXECUTION and/or ATTACHMENT AMENDED COMMONWEALTH OF PENNSYLVANIA) NO 08-2147 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARTER-JONES LUMBER CO., Plaintiff (s) From WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION (1) You a96dir1egt ?'?a ivy th r6?il en8&t (h W&6 sell (2) You ?HtSo'aII'8ctii t18'oRe l? not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 3345 Market Street, Camp Hill, PA 17011 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 $5,010.80 L.L. $.50 Interest - 6% interest from 4/03/08 - $25.05 Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: 5/27/08 (Seal) Curti R. Long, Pr tary By: Deputy REQUESTING PARTY: Name JOHN R. KEATING, ESQUIRE Address: KEATING & ESPOSITO, P.C. 4232 NORTHERN PIKE, SUITE 202 MONROEVILLE, PA 15146 Attorney for: PLAINTIFF Telephone: 412-856-8484 Supreme Court ID No. 52779 lk ,1. DISTRIBUTION ATTY FOR PLTFF: John Keating WRIT NO. 2008-2147 Civil Carter - Jones Lumber Co. -vs- William E. Witter, et. al. Real Debt $ Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees 5010.80 25.05 54.25 090.10 Sheriff's Costs: Docketing $ 18.00 Poundage 100.22 Posting Sale Bills Law Library .50 Prothonotary 2.00 Service 23.00 Postage Advertising Postpone Sale Bad Check Charge Surcharge 40.00 Garnishee 9.00 Levy 40.00 TOTAL $ 232.72 Defendant Paid to Sheriff $ 5322.82 'Advance Costs 150.00 Total Collected $ 5472.82 DISTRIBUTION Pd. To Pltff, $ 5090.10 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.50 ers: R. Thomas Klin , Sheriff By - J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER CO., CIVIL ACTION - LAW Plaintiff, vs. No. 08-2147 PRAECIPE TO SATISFY WILLIAM E. WITTER d/b/a WILLIAM WITTER CONSTRUCTION, Defendant. Filed on Behalf of Plaintiff, CARTER-JONES LUMBER CO. COUNSEL OF RECORD FOR THIS PARTY: John R. Keating, Esquire PA I.D. No. 52779 Cheryl Esposito Kaufman, Esquire PA I.D. No. 55952 KEATING & ESPOSITO, P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 (412) 856-8484 Phone (412) 856-4444 Fax _f - M. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CARTER-JONES LUMBER CO., Plaintiff, vs. WILLIAM WITTER d/b/a WILLIAM WITTER CONSTRUCTION Defendant. CIVIL ACTION - LAW No. 08-2147 PRAECIPE FOR SATISFY TO THE PROTHONOTARY: Please satisfy the judgment entered in the above captioned matter and mark it off of the docket. KEATING & ESPOSITO, P.C. Sworn to and Subscribed Before me this 31ST day of October, 2008. ry Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori E. Beatty, Notary Public Monroeville Boro, Allegheny County My Commission Expires Nov, 30, 2011 Member, Pennsyivar's? ? ;??w;at:on of Notaries BY: ornevs for Plaintiff CERTIFICATE OF SERVICE I, the undersigned counsel do hereby certify that a true and correct copy of the foregoing PRAECIPE TO SATISFY was served this 31ST day of October 2008 by U.S. mail, first class, postage prepaid to the Defendant addressed as follows: William E. Witter d/b/a William Witter Construction 96 Clouser Road Mechanicsburg, PA 17065 G w J 3 _ A_ -t1 92- CO