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HomeMy WebLinkAbout04-1350PENNSY SUPPLY, INC., Plaintiff V. GORDIE HERTZLER, d/b/a HERTZ A CRETE CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -.o. o,.t - /as'o AMOUNT DUE $1,850.98, plus interest from 10/2/03 and the costs of suit PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the above-captioned Plaintiff and against the above-captioned Defendant in the amount of $1,850.98, plus interest from October 2, 2003 and the costs of suit upon the basis of the attached District Justice transcript. Also, please enter the appearance of Handler, Henning & Rosenberg, LLP on behalf of the Plaintiff. Date; HAN/~E R, ~N G~ ~OSE N BERG, LLP BY~Wt~orney I.D. ~ 1300 Linglestown Road/ Harrisburg, PA 17110 ! (717) 238-2000 ATTORNEY FOR PLAINTIFF -..,COIVif¢IONWEALTH OF PENN /ANIA COUNTY OF: CUMBER~ Mag Oisl NO: 09-1-02 DJ Name: Hen ROBERT V. MANLOVE Ad~es~: 1901 STATE STREET CAMp HILL, PA Telephone: (717) 761-0583 17011-0000 PENNSY SUPPLY, INC. 1001 PAXTON ST PO BOX 3331 HARRISBURG, PA 17105 THIS IS TO NOTIFY YOU THAT: Judgment: []Judgment was entered for: (Name) []Judgment was against: (Name) entered NOTICE L CIVIL CASE PLAINTIFF: NAME and ADDRESS FPENNSY SUPPLY, INC. 1001 PAXTON ST PO BOX 3331 ~AP~ISB[IRG, PA 17105 VS. DEFENDANT: NAME and ADDRESS FHERTZT.ER, CORDIE 116 E GREEN ST DBA HERTZ A CRETE CONSTRC ~HIREMANSTOWN, PA 17011 JUDGMENT/TRANSCRIPT Docket No.: CV- 0000396- 03 Date F ed: 8/27/03 DEFAULT OUMGN~T PLTF R~R?ZT,RR, in the amount of $ I, R~O .9R on: ] Defendants are jointly and severally liable. ] Damages will be assessed on: ~-~ This case prejudice. dismissed without [~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 10/02/0~ (Date & Time) Amount of Judgment $ 1,767.66 Judgment Costs $ 83.32 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,850.98 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /~/yI¢).-~ Date ~"'~~:'~~ ~'~ , District Justice I ce rtify that, t his is a true ~eegC)copCf f)'~.;,c_,/~¢.,W'the ~or'~,dinos containing the judgment /~/F~-.~ Date ~ ~', ¢~~ .District Justice My commission expires first Monday of January, 2006 . AOPC31503 DATE PRINTED: 10/03/03 1:59:41 PM SEAL coMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUNBERLA_ND Mag Dist NO: 09-1-02 DJ Name: Hon ROBERT V. MANLOVE A~d~ess: 1901 STATE STREET CAMP HILL, PA Telephoner (717) 761'0583 ROBERT V. MANLOVE 1901 STATE STREET CAMP HILL, PA 17011-0000 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~'~ Judgment was entered against: (Name) 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ENNSY SUPPLY, INC. ~ 1001 PAXTON ST PO BOX 3331 iHARRISBURG, PA 17105 J VS. DEFENDANT: NAME and ADDRESS ~ERTZLER, GONDIE ~ 116 E GREEN ST DBA HERTZ A CRETE CONSTRC ~HIREMANSTOWN, PA 17011 Docket No.: C~- 0000396- 03 Date Filed: 8/27/03 DEFAULT dum~4~f~IT PLTF NRRTZL~R, GORDTR D/B/A HERTZ A CRET~ CONRTRTTCTTON in the amount of $ 1,,~,:;O.qR on: /(Date of Judgment) Defendants are jointly and severally ~ ~%~. ~ (Date & Time) Damages will be assessed o~ ~i~; Amount of Judgment , 1,767.66 / .%~%~'% %~. ,{j//Judgment Costs $ 83.32 This se ',smisse~~~?;%~;~~ ,nterest on Judgment , .00 ca c ~~T~ [~ Attor?y Fees damages arising out of ~d~ ============ lease $ 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 PROVIOED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DESTOR PAYS IN FULL, SETFLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .- ......v ,.~hstrrct ~lust~ce I certify that th~s is a true f tbe/a~-lWd/t ' ' ' -' " ' ' ~ Date - ~ ,-. ,, . D~nct Jg~ce "...i ." My commission expires first Monday of January, 2006 %, SEAL , .,' AOPC315-03 DATE PRI~ED: 10/03/03 1:59:41 PM PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 PENNSY SUPPLY, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 04-1350 CIVIL TERM GORDIE HERTZLER d/b/a HERTZ A CRETE CONSTRUCTION, Defendant V. : AMOUNT DUE $1,850.98, plus interest at : the rate of 1~% per month commencing : October 2, 2003 and the costs of suit M& T BANK, Garnishee TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Gordie Hertzler d/b/a Hertz A Crete Construction Defendant(s); (3) and against M&T Bank Garnishee(s); (4) and index this writ (a) against (b) against Defendant(s) and Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to the Sheriff) (Furnish 4 copies for real estate levy) 1) LEVY ON ALL AND ANY PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 116 E. GREEN STREET, SHIREMANSTOWN, CUMBERLAND COUNTY PENNSYLVANIA 17011. 2) SERVE GARNISHEE INTERROGATORIES UPON M&T BANK, AT 6560 CARLISLE PIKE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA 17055. (5) Exemption has (not) been waived. Attorn~nt~,, 1W3'(~ ~ c~iffn ;e~RE(~ (717) 238-2000 &~ENBERG, LLP re , Harrisburg, PA 17110 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1350 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSY SUPPLY, INC., Plaintiff (s) From GORDIE HERTZLER D/B/A HERTZ A CRETE CONSTRUCTION, 116 E. GREEN STREET, SHIREMANSTOWN, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL AND ANY PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 116 E. GREEN STREET, SHIREMANSTOWN, PA 17011 (2) Y~u are a~s~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n of SERVE GARNISHEE INTERROGATORIES UPON M&T BANK, AT 6560 CARLISLE PIKE, MECHANICSBURG, PA 17055 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 fi'om 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. Amom~tDue $1850.98 L.L. $.50 Interest AT THE RATE OF 1 1/2% PER MONTH COMMENCING 10/2/03 Atty's Corem % Due Prothy $1.00 Arty Paid $37.25 Other Costs Plaintiff Paid Date: JUNE 14, 2004 (Seal) REQUESTING PARTY: Name W. SCOTT HENNING, ESQUIRE Address: 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-2000 Supreme Court ID No. 32298 CURTIS R. LONG Prothonotary k.~ By: Deputy PENNSY SUPPLY, INC., Plaintiff GORDIE HERTZLER D/B/A HERTZ A CRETE CONSTRUCTION AND M&T BANK (GARNISHEE) Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1350 : : CIVIL ACTION - LAW : : .. ., PRAECIPE TO THE PROTHONOTARY: Please mark the Judgment in the above captioned matter as satisfied and the suit proceedings discontinued. DATE Respectful~ly submitted, HA~~ENBERG,, LLP W. Scott ~l~enn~ng,,E,~o~re/' I.D.#32298"--' //J / 1300 LinglestowrYRoad/' Harrisburg, PA 17110/ 717-238-2(:)00 Attorney for Plaintiff SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01350 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS HERTZLER GORDIE ET AL And now DAVID MCKINNEY Cumberland County of Pennsylvania, to law, at 0009:50 Hours, on the 21st day of June , __ as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT HERTZLER GORDIE D/B/A HERTA A CRETE CONSTRUCTION hands, possession, or control of the within named Garnishee M & T BANK ONE W. HIGH ST ,Sheriff or Deputy Sheriff of who being duly sworn according 2004, attached credits, and , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to YVETTE SHUGHART FLOATING TELLER 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: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this j~ ~ day of ~ ~W A.D. ProthOnotary I By Deputy Sheriff R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 1.85 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.70 Surcharge 40.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 TOTAL $ 94.05 Advance Costs: 150.00 Sheriff's Costs: 94.05 $ 55.95 Refunded to Arty on 07/13/04 Sworn and Subscribed to before me This /~ ~'~day of ~2.g] 2004 A.D. Q~ .t~ ~o./~, ~-~ 'Pr6thonotary So Answers; R. Thomas Kline, Sheriff By Claudia A. Brewbaker WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1350 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSY SUPPLY, INC., Plaintiff From GORDIE ItERTZLER D/B/A IIERTZ A CRETE CONSTRUCTION, 116 E. GREEN STREET, SItlREMANSTOWN, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL AND ANY PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 116 E. GREEN STREET, SII1REMANSTOWN, PA 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SERVE GARNISHEE INTERROGATORIES UPON M&T BANK, AT 6560 CARLISLE PIKE, MECItAN1CSBURG, PA 17055 GAI~NISHEE(S) as follows: and to not/fy the garnishee(s) that: (a) an attachmem 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 tbund in the possession of anyone other than a named garnishee, you are directed to notify himArer that he/she has been added as a garnishee and is enjoined as above stated. AraotmtDue $1850.98 L.L. $.50 Interest AT THE RATE OF 1 1/2% PER MONTH COMMENCING 10/2/03 Atty's Corem % Due Prothy $1.00 Atty Paid $37.25 Other Costs Plaintiff Paid Date: JUNE 14, 2004 (Seal) REQUESTING PARTY: Name W. SCOTT HENNING, ESQUIRE Address: 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-2000 Supreme Court ID No. 32298 CURTIS R. LONG Protbono~,~ Deputy'