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Home My WebLink About09-0597Jeffrey E. Picola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER & PICCOLA 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax dfoster@btpalaw.com Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT, PLAINTIFF V. MARK DEPUE, DEFENDANT IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA '7- :NO. 09-577 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant, Mark Depue, in the amount of $962.03, plus interest at the legal rate of 6% from October 7, 2008, the date of the district justice judgment and costs of suit, pursuant to the judgment granted by District Justice Susan K. Day. I hereby certify that no appeal has been made. BOSWELL, TINTNER & PICCOLA By: Jeffrey E. Piccola, Esquire DATE: February 5, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 KILL ST, BOX 167 MT.'HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 CUMBERLAND TRUCK EQUIPMENT 25 ROADWAY DR CARLISLE, PA 17015 THIS IS TO NOTIFY YOU THAT: Judgment: DE ULT JUDGMENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'CUMBERLAND TRUCK EQUIPMENT 7 25 ROADWAY DR CARLISLE, PA 17015 L J VS. DEFENDANT: NAME and ADDRESS rDEPUE, MARK 46 BRIAN DR CARLISLE, PA 17015 L J Docket No.: CV-0000282-08 Date Filed: 8/05/08 4 (Date of Judgment) 10/07/08 ® Judgment was entered for: (Name) CUMBERLAND TRUCK EQU, IPMENT ® Judgment was entered against: (Name) DEPUE, MARE in the amount of $ 962.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ 887.03 Judgment Costs $ 75.00 Interest on Judgment $ .00 Attorney Fees $ - Total $ 962.03 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 962.03 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-flReVtDED-Mt-THE'RULESOF' VIL PROCEDURE FOR IRAGTSTERIACDTSTRICT-JUDGES, IF THE JUDGMENT HOLDER ELECTS PLEAS; ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8ETSSUEDEYTHE MAGISTERIAL DISTRtOT 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'WITHTHE JUDGMENT. Date I certify that this is a true d correc copy of the r Date 0 My commission expires first Monday of January, OTP7 Magisterial District Judge ngs containing the.jutlgment. Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 12/04/08 2:40:00 PM O Ka ?' a ? ? b v 2 Lo (7 -?C N rvl 1 2a. LLT O 9i Ain ?t3 5m i G t CUMBERLAND TRUCK, EQUIPMENT, PLAINTIFF V. MARK DEPUE, DEFENDANT TO: MARK DEPUE, DEFENDANT IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9-5Of7 Clue 7L, CIVIL ACTION - LAW You are hereby notified that on February 5, 2009, judgment has been entered against you in the above-captioned case in the amount of $962.03, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: February 5, 2009 s/ Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Mark Depue 46 Brian Drive Carlisle, PA 17015 TO: MARK DEPUE, DEFENDANT Por este medio se le esta notificando que el February 5, 2009, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: February 5, 2009 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mark Depue 46 Brian Drive Carlisle, PA 17015 CUMBERLAND TRUCK, : IN THE COURT OF COMMON PLEA EQUIPMENT, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. . NO. MARK DEPUE, : CIVIL ACTION - LAW DEFENDANT CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Cumberland Truck Equipment 25 Roadway Drive Carlisle, PA 17015 Plaintiff Mark Depue 46 Brian Drive Carlisle, PA 17015 Defendant B , TINTNER & PICCOLA WA 64s_ Denise L. Foster, Paralegal c7 na O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CUMBERLAND TRUCK EQUIPMENT File No. 6 7- . Cl V f l PLAINTIFF Amount Due 962.03 Interest at legal rate of 6% from 10/7/08 Atty's Comm V. Costs MARK DEPUE, DEFENDANT 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. PRAECIPE FOR EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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) LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE APPLIANCES, TELEVISIONS VCR'S DVD PLAYERS ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS ETC LOCATED AT: 46 BRIAN DRIVE, CARLISLE PA 17015 and all other property for the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a endens a inst real estate of the defendant(s) described in the attached exhibit. f DATE: February 5, 2009 Signature: Print Name: Jeffrey E. Piccola, Esquire Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: (717) 236-9377 Supreme Court I.D. No.: 18018 U? G r ?y Ln V g.i S'J v i w v IU ?. Y t1 W MJ? -'V LJ c_`t .D ^'C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-597 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND TRUCK EQUIPMENT Plaintiff (s) From MARK DEPUE 46 BRIAN DRIVE CARLISLE PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC LOCATED AT 46 BRIAN DRIVE CARLISLE PA 17015.- (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 $962.03 Interest LEGAL RATE 6% FROM 10/7/08 Atty's Comm % Arty Paid $53.75 Plaintiff Paid Date: FEBRUARY 5, 2009 (Seal) L.L.$0.50 Due Prothy $2.00 Other Costs C is R. Lo o onot ry By: Deputy REQUESTING PARTY: Name JEFFREY E PICCOLA ESQUIRE Address: 315 N FRONT ST, P O BOX 741 HARRISBURG, PA 17108-0741 Attorney for: PLAINTIFF Telephone: (717) 236-9377 Supreme Court ID No. 18018 ?U R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 .50 2.00 4.50 20.00 45.00 ? 31? 104 C)y So Answers; R. Thomas Kline, Sheriff By, Claudia A. Brewbaker Sfi =b b b- 933 OR bd 0 '0 Ct, c12.4? a2 ? n _ 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-597 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND TRUCK EQUIPMENT Plaintiff (s) From MARK DEPUE 46 BRIAN DRIVE CARLISLE PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC LOCATED AT 46 BRIAN DRIVE CARLISLE PA 17015.. (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 $962.03 Interest LEGAL RATE 6% FROM 10/7/08 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: FEBRUARY 5, 2009 (Seal) REQUESTING PARTY: Name JEFFREY E PICCOLA ESQUIRE Address: 315 N FRONT ST, P O BOX 741 HARRISBURG, PA 17108-0741 Attorney for: PLAINTIFF Telephone: (717) 236-9377 Supreme Court ID No. 18018 L.L.$0.50 Due Prothy $2.00 Other Costs (-le-A C s R. Long, notary By: Deputy C'"a ^a C ° Cl _ 50 rr rw j r -< {? 7 G -< e "< . - l DISTRIBUTION ATTY FOR PLTFF: Jeffrey Piccola WRIT NO. 2009-597 Civil Cumberland Truck Equipment -vs- Mark Depue Real Debt $ 952.03 Interest 19.04 Attorney's Comm. Writ Costs, Atty 53.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1024.82 Sheriff's Costs: Docketing $ 18.00 Poundage Posting Sale Bills Law Library .50 Prothonotary 2.00 Service Postage 4.50 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 45.00 Defendant Paid to Sheriff $ 1069.82 Advance Costs 150.00 Total Collected $ 1219.82 DISTRIBUTION Pd. To Pltff. $ 1024.82 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.50 So Answers: R. Thomas Kline, Sheriff B Y