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Home My WebLink About09-0592 CARLISLE CEMENT PRODUCTS, INC Plaintiff V. KEVIN HARNISH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. d 9- CIVIL ACTION ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Kevin Harnish for the amount of $7,630.15 in the above-captioned matter. The Notice of Judgment is attached hereto. Respectfully Submitted, Salzmann Hughes, P.C. By: Me11iss ely, Esquir Attorney ID No. 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 rv ro t°? ? '*t r ??,. ? COMMONWEALTH, OF PENNSYLVANIA L _P11 INITv nc. CUMBERLAND vvvly I I W1 . Mag. Dist. No.: 09-2-02 MDJ Name: Hon. ?'=4 JESSICA BRENBASER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY FOR PLAINTIFF : MELISSA X. DIVBLY 79 ST. PAUL DRIVE CHAMBZRSBURG, PA 17201 NOTICE OF IVLGC N /TRANSCR'IPT PLAINTIFF: NAME and ADDRESS FbARLISLE CEMENT PRODUCTS, INC. 510 E NORTH ST P.O. BOX 617 LCARLISLE, PA 17013 J vs. DEFENDANT: NAME and ADDRESS rIIABNISH, KEVIN -l 5147 RIDGE ROAD ZLIZABETETOWN, PA 17022 L J Docket No.: CV-0000336-08 Date Filed: 11/03/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 4L_ - 12/16/08 d f Name) CARLISLE CEMENT PRODUCTS, INC. or: Judgment was entere ( KEVIN Judgment was entered against: (Name) NARNISH, in the amount of $ 7.630.1 Defendants are jointly and severally liable. F Damages will be assessed on Date & Time F]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 $ i' 2vv' .L? Judgment Costs $130.3b Interest on Judgment $ .00 Attorney Fees $_ UU • Total $ 7,630.15 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 MAGISTERIAL DISTRICT JUDGES, IF THE __,GJyT_{pTS. TD ENTEFI THE.1l1QGMNT iN1HE CO.1?R7 QOMMON.PI,EA,_ALL FIIFTIiER 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. ?' C7 Date Magisterial District Judge t " & nd c Jr ct copy of the reco proceedings containing the judgment. I c rtify that this is a tr 21 Date c 1, , Magisterial District Judge My commission expires first Monday of January, cola SEAL AOPC 315-07 DATE PRINTED: 1/21/09 7:51:00 AN 0 co N Q N_ C ? -t1 -n -4 n m r J 1 L d w l . CARLISLE CEMENT PRODUCTS, INC. Plaintiff V. KEVIN HARNISH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN . SS: Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Kevin Harnish, has not appealed the verdict entered against it by District Justice Jessica Brewbaker on December 16, 2008. Sworn to and subscribed to Before me this &-Oday of 4agwy 2009. Pub c Melissa K. i e y, squire Attorney ID No. 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 SH OF WiSYLVMA Rift_ M~ft*w- pMnsylvente Assodetbn Of WWM t l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CARLISLE CEMENT PRODUCTS, INC. Plaintiff V. KEVIN HARNISH Defendant _ Confessed Judgment X Other File No. 09-95-2 492- Amount Due $7,630.15 Interest $ Atty's Comm $ 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 Lancaster County, for debt, interest and costs, upon the following described property of the defendant(s): Any and all personal property located at 5147 RIDGE ROAD ELIZABETHTOWN, PA 17022 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Lancaster 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 personalty list) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Kevin Hamish Date '9Z C2 Q q SALZMANN HUGHES, P.C. Melissa I - ,Esquire ttorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff ,, . ?ObTARY Zi?B9 APR -6 PM' a2 .2• SG !t r f a.00 ..,o chi iLZ`q WRIT OF EXECUTION and/or ATTACHMENT I.. _. 1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-592 Civil CIVIL ACTION - LAW TO THE SHERIFF OF LANCASTER COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC.. Plaintiff (s) From KEVIN HARNISH, 5147 RIDGE ROAD, ELIZABETHTOWN, PA 17022 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 5147 RIDGE ROAD, ELIZABETHTOWN, PA 17022. (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 $7,630.15 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: APRIL 6, 2009 L.L. $.50 Due Prothy $2.00 Other Costs 117, C s R. Lon gef o ono (Seal) By: Deputy REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 CARLISLE CEMENT PRODUCTS, INC Plaintiff v. KEVIN HARNISH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-592 CIVIL ACTION PRAECIPE TO DISCONTINUE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Kevin Harnish in the above referenced matter. By: Respectfully submitted, SALZMANN HUGHES, P.C. Me s`a ively, Esqui~ At ey ID# 36780 79 St. Paul Drive Chambersburg, PA i 720 i (717) 263-2121 Counsel for Plaintiff ~iLE~ ~u~ .~l ~1n } Y_ti : 1 ?OQ~ A~~ 2 ~~ i S~ I '1 AFFI ~AV c'I' ~~ SF.f~?V lCE 'SHERIFF'S OFFICE °`~°' 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 ro SHERIFF WRIT OF EXECUTION PLEASI* MAKE SURE FtfltM PF2INTS ro PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIBLY ~ 1. PLAINTIFF/S/ ~, Carlisle Cement Products, Inc. __ 3. DEFENDANT/5/ 4.. Kevin Harnish r'P~ SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. IN POSSESSION OF PR Kevin Harnish 6. ADDRESS OF PROPERTY (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Co AT COURT DOCKET NUMBER 1 "~`~ r t~&'~ / 3 ti ....,_ _ o TYPE OF WRIT OF EXECUTION to rsonal Property ~'keal Property r Garnishment Writ of Seizure ~ Writ of Possession ~PERTY LQ V H rn __ _ x 147 Ridge Road, Elizabethtown, PA 17022 _._ . __._ _ ___ _. _ _ ___ Now, 20 , I SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff _ __ __ _ _ _ Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: (Specifically list personal property of Defendant, list evidence of Defandant's ownership, ie., title to vehicle from PennDOT or other proof of title in Defendant) LEVY PROPERTY OWNED BY DEFENDANT ) Plaintiff Is )(', is not instructing impoundment of personal property. See Rule 3109(a) / NOTE ONLY APPLICABLE ON WRIT OF EXECU`Ti0~N.6. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomevel.` and inp`oaseY Io~t after no I naperson ofye\ or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein forany loss, destruction or removal of any such property before sheriffs 9. SIGNATURE OF7{1''~ORNEY OR OTHER C~GINATOR print Name 10. TELEPHONE NUMBER 11. DATE at tl 1+00.RTma io h! the List of my knowledge, Intormati of belie( _ Melissa K. Dively, Esq. (717) 263-2121 May 20, 2009 12. SE OTICE OF EXECUTION COPY TO NAME AND ADDRESS BELOW:(Pursuant to rule 31 Os(b) Furnish envelope with stamp, with copy of writ of Execution, and have envelopes with name and address of the defendant) Kevin Harnish, 5147 Ridge Road, Elizabethtown, PA 17022 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated abovc~AN SCHWALM (717) 299-8200 ext 242 6/2/09 9/ 1 /09 1 ere y an tat have personally served, ave ega evl ence o service as s own In emar s , ave execute as shown in "Remarks",the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, 17 I nereo ceril ane return a NV I hUUNU because I am unable to located the individual, om an , cor oration, etc., named above. 18. Name and title cf individual Serred(if not shown above) (Relationship to Defendant) 19. {" No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFU, Apartment No., City, I21. Date or Servicel22. Time i.rs ; sir Boro, TWP, State and ZIP Code) E.S.T/ E.D.S.T 23. Attempts Date Miles Dep. Dep.lnt Date Miles ~Dep.lnt Date Miles Dep. Int 4. vance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND $400.00 169265 30. Remarks: S.T.A. 8/17/09 JUDGMENT SATISFIED WITH PAYMENT OF $7630.15 PER FAX FROM ATTY. DIVELY. SALE DATE 31. AFFIRMED: Subject to the penalties of Section 4904 of the Crimes Code 32. Si ature gf-~e eriffLT . C A LANCA ate (18 Pa.C.S., Section 4904) relating to unsworn falsification to authorities (, )v `~ on this day of 20 c'~^--' fi't'`' 8 21 09 35. gnat a of iff"""""'~\ ~ 36. Date ~ 8/21/09 erry A. Bergman SHERIFF OF LANCASTER COUNTY PA „~ sep~'l. 0~ THr ~=~,-,- :~~~OTA~Y 2Q09 ' ~ ,~ ~~i ~~ ! 7