HomeMy WebLinkAbout08-28031
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffie
I . D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
MOREFIELD COMMUNICATIONS, INC
Plaintiff
V.
ALLIED MORTGAGE CAPITAL CORP.,
Defendant
NO. 08 - a SD3 Ciu t t lerr^
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
AND NOW, thisa day of Arr) I , 2008, no appeal having been taken from
the District Justice's award in the above captioned matter, enter judgment on the award in favor of
Plaintiff, Morefield Communications, Inc., and against Defendant, Allied Mortgage Capital Corp. in
the amount of $ 00 I. 49 See District Justice Award Attached as Exl?Mt "A".
By:
Attorneys for Morefield Communications, Inc.
Mark C. Duffie
JUDGMENT
AND NOW, this day of Agri 2008, judgment is entered as
above requested in favor of Plaintiff, Morefield Communications, Inc., and against Defendant,
Allied Mortgage Capital Corp.
CU T LO , OTH 'It By:
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
?? i
COMMONWEALTH OF PENNSYLVANIA
(x()1 1 NTY OF- CUMBERLAND
Mag. Dist. No.:
09-1-02
MDJ Name: Hon.
ROBERT V. XANLOVE
Address: 1901 STATE ST
CAKP HILL, PA
Telephone: (717 ) 761-0583 17011-0000
MOREFIELD COWUNICATIONS INC
35 N 35TH ST
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
DEFAULT 0 u-G nll T1 PLTF
Judgment:
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
I'M[OREFIELD COMKUNICATIONS INC
35 N 35TH ST
CAMP HILL, PA 17011
L J
VS.
DEFENDANT: NAME and ADDRESS
TALLIED MORTGAGE CAPITAL CORP
875 MARKET ST
LEMOYNE, PA 17043
L -1
Docket No.: CV-0000267-07
Date Filed: 8/10/07
(Date of Judgment) 12/20/07
® Judgment was entered for: (Name) NOREFIELD CONKUNICATIONS INC
® Judgment was entered against: (Name) ALLIED MORTGAGE CAPITAL CORP
4 001 4
in the amount of $ '
Defendants are jointly and severally liable.
1-1 Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F] Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment
Judgment Costs
interest on Judgment
Attorney Fees
Total
$ 3,878.5
$
$?
$ 4,001.491
1 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.
My commission expires first Monday of January, 20
AOPC 315-07
DATE PRINTED: 12/20/07
1:33:00 PR
, Magisterial District Judge
SEAL
#-
CERTIFICATE OF SERVICE
AND NOW, this c4! ay of 2008, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
ALLIED MORTGAGE CAPITAL CORPORATION
845 MARKET STREET
LEMOYNE, PA 17043
JOHNSON, DUFFIE, STEWART & WEIDNER
By: fly ?C
N. Me Davis
:330667
P Oo ? Ut
C-77
C
t:;J "C
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover
I.D. No. 200997
Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109.
(717) 761-4540
eds@jdsw.com
MOREFIELD COMMUNICATIONS, INC.
Plaintiff
V.
Attorneys for Morefield Communications, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2803 Civil Term
ALLIED HOME MORTGAGE CAPITAL CIVIL ACTION - LAW
CORP.,
Defendant
PRAECIPE TO CORRECT AND AMEND JUDGMENT
Please correct the judgment entered on April 30, 2008 in the above matter to reflect that
the proper name of the Defendant as Allied Home Mortgage Capital Corporation (not Allied
Mortgage Capital Corporation). The correct name of the Defendant was only recently learned by
the Plaintiff, as Defendant held themselves out as the incomplete corporate name.
By: L
Eliza D. Snover
JUDGMENT
y4
AND NOW, this 7 day of , 2008, judgment is corrected and
amended as above requested in favor of Plaintiff, Morefield Communications, Inc., and against
Defendant, Allied Home Mortgage Capital Corp.
CURT LONG, PROTH OTARY
By:
Deputy
CERTIFICATE OF SERVICE
AND NOW, this ? day of OL:2-- , 2008, the undersigned does
hereby certify that she did this date serve a opy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
ALLIED HOME MORTGAGE CAPITAL CORPORATION
845 MARKET STREET
LEMOYNE, PA 17043
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabe D. Snover
:335950
rv
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cr,
{Y K
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: Morefield Communications, Inc.
V.
Allied Home Mortgage Capital Corporation
[ ]Confessed Judgment
[X ]Other
File No. 08-2803
Amount Due $4,001.49
Interest 6% from 04/30/08
Atty's Comm. $1.000
Costs $24.00 and Sheriff's costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise 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 of Cumberland County, for debt, interest
and costs, upon the following described property of the defendant (s) all personal property of the
Defendant located at 875 Market Street. Lemoyne. PA 17043
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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 personally list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
[ ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date 0-0/-Oz
Signature:
Print Name: Eli Beth D. Snover
Address: 301 Market Street. P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for: _ Plaintiff
Telephone: 717-761-4540
Supreme Court ID No: 200997
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2803 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MOREFIELD COMMUNICATIONS, INC.,
Plaintiff (s)
From ALLIED HOME MORTGAGE CAPTIAL CORPORATION, 875 MARKET STREET,
LEMOYNE, PA 17043
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE DEFENDANT LOCATED AT 875 MARKET STREET, LEMOYNE, PA
17043.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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 $4,001.49
Interest 6% FROM 4/30/08
Atty's Comm % $1,000.
Atty Paid $53.75
Plaintiff Paid
Date: JULY 2, 2008
L.L. $.50
Due Prothy $2.00
Other Costs
C s R. Lo ono
(Seal) By:
Deputy
REQUESTING PARTY:
Name ELIZABETH D. SNOVER, ESQUIRE
Address: 301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 200997
R. THOMAS KLINE
Sheriff
EDWARD L.SCHORPP
Solicitor
of ?CurubPrt?
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
11/12/08
RONNY R. ANDERSON
Chief Deputy
DYZSMIq
Rbnl Estffil Ser!?nt
-rj fT o -n
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_ -grrs
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Moorefield Communications, Inc.
vs
Allied Home Mortgage Capital
Corporation
Writ No. 2008-2803 Civil Term
Property Claim Determination
Dear Sir,
Reference is made to Property Claim dated November 3, 2008, entered by David
Kennerly, pertaining to Writ of Execution No. 2008-2803 Civil Term, The Patriot News
Company -vs- Allied Home Mortgage.
R. Thomas Kline, Sheriff, has determined that the claimant, David Kennerly, in
the above mentioned property claim, is the owner of the property set forth therein.
So Answers:
Thomas R. Kline, eriff
By
cc
Elizabeth Snover, Atty for Pltff
Allied Home Mortgage Capital Corporation, Deft.
David Kennerly, Claimant
PROPERTY CLAIM
VS
A?i rLQ ??? /?.''?®r.lj?p C..'4/J•?iy/ LJr?pC?2,c?i`7o.J
s;
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 0200 E5 - Z 8 o 3 ?
.2000 -390
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY
VALUE
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
County of Cumberland
e In A-•( being duly sworn according to law, deposes and says that the
above list in the property claim are correct and true.
Sworn and subscribed to before me OA" !? ke ,.ale' /r
This 4y of A Claimant
' JyY c l XAUuxnnr
Notary Public ?
f3?--93gD
Date Claimant
State of Pennsylvania: --?
October 20, 2008
To whom it may concern:
All of the following are personal items and are not owned by Allied Home Mortgage Capital Corporation,
875 Market Street, Lemoyne, PA 17043.
-Fish Tank W/stand (55 gallon)
-2 drawer metal file cabinets (2 )
-Computer unit (corner desk) oso °
-Computer Desk o
_ r5o "
-Telephones (3) 05
-World Globe =°
-Desk (5)
-Lamp
-Floor Fan 0" VV
-Fax/Copier (Kyocera KM 2550) 4ea.sAF -
-Table X_n °°
-Chairs (5) f/oo I
-Dell Computers (5)
-Cigar Humidor Fj-o °°
-Misc. Pictures 0 5*0 °'
-Wall Clocks (2) f 5-v °o
-Corner Stands (2) •¢'sv `w
-Postage Scanner-
Respectfully,
David Kennerly
01 3 e_ia
T1 AR SEAL
AI{A IL , D SE'18E 1 EJotar.; t •` lic
Lsmoync Beroug1h, "um ccrl a cunty
My CommOssiori, E,. 1
E,- 3tary Fubt1C
end Comty
?li3S.?f?3a €: 8,20111
AMANDA E rl .'otary Prblic
Lemcyrc t :__ I,; °:; -..';gland Cm_ ty
MY COMMM;sSim Expirn:s Lll - 8, 2011
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
Oii? this writ is returned STAYED per Pennsylvania Rules of Court 3206
Property Claim.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs: 122.75
Docketing 18.00 $ 27.25
Poundage 2.41
Advertising 10.00
Law Library .50
Prothonotary 2.00 Refunded to Atty on 11/24/08
Mileage 34.00
Surcharge 20.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
Postage .84 j
TOTAL $ 122.75
So Answ
('4h7Lotmas Kli , Sh ff
y Claudia A. rew?aker
i0 . V 11 f, -bOd-l
b
CA- (I
i?'t' • a /pa3o
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2803 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MOREFIELD COMMUNICATIONS, INC.,
Plaintiff (s)
From ALLIED HOME MORTGAGE CAPTIAL CORPORATION, 875 MARKET STREET,
LEMOYNE, PA 17043
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE DEFENDANT LOCATED AT 875 MARKET STREET, LEMOYNE, PA
17043,
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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 $4,001.49
Interest 6% FROM 4/30/08
Atty's Comm % $1,000.
Atty Paid $53.75
Plaintiff Paid
Date: JULY 2, 2008
L.L. $.50
Due Prothy $2.00
Other Costs
- d4kx- 9- -
C is R. Lon onota
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ELIZABETH D. SHOVER, ESQUIRE
Address: 301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone : 717-7614540
Supreme Court ID No. 200997