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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 cq 2 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 rl) O V J ` > o a r, i I, 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 ?,? _ -grrs r? M 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 c 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