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HomeMy WebLinkAbout08-3765COMMONWEALTH OF PENNSYLVANIA COUNTY OF: YORK Mag. Dist. No, 19-3-09 MDJ Name: Hon. SCOTT J. GROSS Address: 686 YORETO1= ROAD OFF OF EXIT 35, I-83 LMaSBERRY, PA Telephone: (717) 938-2523 17339 MONARCH PRODUCTS CO INC 385 SIPS ROAD YORK HAVEN, PA 17370 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JOE MW PLTF ® Judgment was entered for: (Name) MONARCH PRODUCTS CO, INC ® Judgment was entered against: (Name) ZINKZR GROVE HOKBS INC in the amount of $ 11974.20 Defendants are jointly and severally liable. Damages will be assessed on Date & Time R This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Total Post Judgment Credits Post Judgment Costs $ 79.00 $ .0-0 $?-OB $ 1,974.201 8 8 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. 7-d4Date ?l I certify that this is a true and correct of _ 'le -4 ate My commission expires first Monday of January, 2012 ?8 - 37(05 _ Civil 7,,m NOTICE: OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rKONARCH PRODUCTS CO INC 385 SIPE ROAD YORE HAVEN, PA 17370 L J VS. DEFENDANT: NAME and ADDRESS rZIMI= GROVE HOMES INC ? 5751 UNION DEPOSI RD HARRISBURG, PA 17111 L J Docket No.: CV-0000237-08 Date Filed: 4/07/08 (Date of Judgment) 5/07/08 , Magisterial District containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 5/07/08 8:44:00 AN C= m E= ? 1"Ti r-n ?a MONARCH PRODUCTS CO., INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. CIVIL TERM ZIMMER GROVE HOMES, INC., : DISTRICT JUSTICE Defendant : DOCKET NO. CV-0000237-08 AFFIDAVIT OF NO APPEAL As of June 24, 2008, an appeal from the judgment of the Magisterial District Justice has not been filed in the Court of Common Pleas of York County, Pennsylvania, in the above-captioned matter. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -TI r r n' t ..M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONARCH PRODUCTS CO., INC.: ( ) Confessed Judgment Plaintiff : (X) Other - District Justice V. : NO. 08- 3?(o5 CIVIL TERM ZIMMER GROVE HOMES, INC., Amount Due: $1,974.20 5751 Union Deposit Road Interest from May 7, 2008 Harrisburg, PA 17111, Attorney's Commission: Defendant Costs: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17055, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO: Curtis R. Long, Prothonotary 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. Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs against Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, Pennsylvania, as Garnishee. PRAECIPE FOR ATTACHMENT EXECUTION WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Issue Writ of Attachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, as above, directing attachment against the above-named .r I Garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): for all property of Defendant in the possession, custody or control of the said Garnishee. Date: June 24, 2008 r c-71? Wayne Fd, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 C? C 0 C1 Z - K Ln Q7j 3 ' 40. IJl O n1 ? ? D y D -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3765 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONARACH PRODUCTS CO., INC., Plaintiff (s) From ZIMMER GROVE HOMES, INC., 5751 Union Deposit Road, Harrisburg, PA 17111 (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: MID PENN BANK, 4622 Carlisle Pike, Mechanicsburg, PA 17055 For all property of Defendant in the possession, custody or control of Garnishee. 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 $1,974.20 Interest from 5/07/08 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 6/25/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis R. Long, Pr notary By: Deputy REQUESTING PARTY: Name WAYNE F. SHADE, ESQUIRE Address: 53 WEST POMFRET STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-0220 Supreme Court ID No. 15712 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03765 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MONARCH PRODUCTS CO INC VS ZIMMER GROVE HOMES INC And now SHAWN HARRISON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:01 Hours, on the 9th day of July , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , ZIMMER GROVE HOMES INC in the hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to JANA MCGUIRE (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 Her . Sheriff's Costs: So answer Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 ? 7/?S/D P . 00 07/10/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D ? MONARCH PRODUCTS CO., INC.: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. :NO. 08- 37K CIVIL TERM ZIMMER GROVE HOMES, INC., Defendant INTERROGATORIES TO GARNISHEE TO: Mid Penn Bank You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may be entered against you by the court without further notice for any money claimed by Plaintiff against Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Date: June 24, 2008 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 1. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not you owed any Defendant any money; Yes. Checking account 6502165 with a balance of $85.64 Funds in this account are held for another writ - see question number 6. (b) Whether or not you were liable to any. Defendant on any negotiable or other written instrument; or see la (c) Whether any Defendant claimed that you owed any Defendant any money or were liable to any Defendant for any reason. see la 2. If any of your responses to Interrogatory No. 1 above are in the affirmative, state, as follows: (a) The amounts which you owed any Defendant or which any Defendant claimed you owed; see la (b) If there is more than one Defendant, which Defendant you owed or were claimed to have owed; ` n/a WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 _7_ (c) The reasons why such sums were owed by you; see la (d) Whether or not the obligations, creating the debt were in writing; and see la (e) The dates when such sums became owed by you. see la 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held legal title to any property of any nature which was actually legally or equitably owned solely or in part by any Defendant; no (b) The fractional interests of all joint owners or custodians including yourself; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- (c) Descriptions of all such items and identifications as to any particular joint custody or ownership; (d) Values of each of such items; (e) Whether or not the items are encumbered; (f) If encumbered, the names and addresses of the encumbrance holders; (g) If encumbered, since when; (h) If encumbered, the amount of the initial encumbrance; (i) If encumbered, the amount of the present balance of the encumbrance; 0) If encumbered, whether or not such items were subjected to a security interest; and WAYNE F. SHADE Attorney at Laiv 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- (k) If subjected to a security interest, where and when the security interests were filed. 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held as fiduciary any property in which any Defendant had an interest; no (b) Descriptions of all such items; (c) Values of each of such items; (d) Whether or not the items are encumbered; (e) If encumbered, the names and addresses of the encumbrance holders; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- (f) If encumbered, since when; WAYNE F. SHAD Attorney at Law 53 West Pomfret Stre Carlisle, Pennsylvani 17013 and filed. (g) If encumbered, the amount of the initial encumbrance; (h) If encumbered, the amount of the present balance of the encumbrance; (i) If encumbered, whether or not such items were subjected to a security interest; 0) If subjected to a security interest, where and when the security interests were -6- 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or delivered to any person or place in satisfaction of a claim which anyone had against any Defendant; no (b) The dates of transfer; (c) The names and addresses of the transferees; (d) The family relationships, if any, to any Defendant of any such transferees; (e) Descriptions of all such items; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -7- (f) Values of each of such items; (g) Whether or not the items were encumbered; (h) If encumbered, the names and addresses of the encumbrance holders; (i) If encumbered, since when; 0) If encumbered, the amount of the initial encumbrance; (k) If encumbered, the amount of the balance of the encumbrance at the date of transfer; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -O- (1) If encumbered, whether or not such items were subjected to a security interest; and (m) If subjected to a security interest, where and when the security interests were filed. 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: Y% Whether or not there were any other executions pending against any Defendant as to which you were listed as Garnishee; (b) If so, the names and addresses of the lienholders; H & S Towing Services (c) If so, state the Courts from which such executions issued and the docket numbers of the executions; and Court of Common Pleas of Dauphin County Writ No. 2008-CV-03203-NT WAYNE F. SHADE. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- (d) If so, state the amounts of the executions, amount due $1,121.04 plus costs total due $1,221.33 These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Wayne . F'rShade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -10- I . I verify that I am authorized by Garnishee to make this Affidavit and that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 'rt S 1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: 150.00 Sheriff's Costs: 95.21 Docketing 18.00 54.79 Poundage 1.87 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 07/29/08 Mileage 13.00 Surcharge 30.00 Levy 20.00 Certified Mail Post. Pone Sale Garnishee 9.00 Postage .84 TOTAL $ 95.21 ?J67?o $ 9S-0 Answers- Thomas Kline, Sheriff y Claudia A. Brewbaker b O :E d 9Z Nnr 8001 Vd A JJIEHS .:-!-ii Imo, 0 Ck 6S6P! 4cul .21a 7 ga a w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3765 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONARACH PRODUCTS CO., INC., Plaintiff (s) From ZIMMER GROVE HOMES, INC., 5751 Union Deposit Road, Harrisburg, PA 17111 (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: MID PENN BANK, 4622 Carlisle Pike, Mechanicsburg, PA 17055 For all property of Defendant in the possession, custody or control of Garnishee. 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 $1,974.20 L.L. $.50 Interest from 5/07/08 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 6/25/08 (Seal) Curs R. Lon ono By: Deputy REQUESTING PARTY: Name WAYNE F. SHADE, ESQUIRE Address: 53 WEST POMFRET STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-0220 Supreme Court ID No. 15712 MONARCH PRODUCTS CO., INC.: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 08-3765 CIVIL TERM ZIMMER GROVE HOMES, INC., Defendant PRAECIPE TO: Curtis R. Long, Prothonotary Please enter satisfaction of the judgment and costs in the above-captioned matter. Date: July 24, 2008 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attomey at Law 53 Wes, Pomfret Street Carlisle, Pennsylvania 17013 ,^? rw ? •? =n ? _ ? -,. ? - w, 3 ?3 r?.? =? ;-?.