Loading...
HomeMy WebLinkAbout09-1350IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. f~ - 1350 ivilT~e.r~ vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA CIVIL ACTION Defendant PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D1, for failure of defendant(s) to appeal, within 30 days, a judgement entered December 23, 2008 against the above-named defendant(s) before District Justice William I. Maruszczak, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 9,006.62 Post Judgment Interest (from December 23, 2009 to February 26, 2009 at 6% per annum) Payments Total 59,006.62 Dated: February 26, 2009 AMATO A D ASSOCIATES, P.C. By: R ald Amato, Esq., Atty ID #32323 ichael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 2081552 • VOMMONWEALTH OF PENNSYLVANIA • couNTV nI=• llll0'P Map. Diet. No.: 38-1-09 MDJ Name: Hon. tIfILLI~Nt I. 1L71-HQSZCZ71[ ,',°d`~' 485 S H]QDitiiA80]II >ilOIID >6I8nG OP P1t1J88I~, P11 Tekphp,e: (6101 265-3950 19406 Y>sLLON BOOx S]IL31B 1L1fID DIET CO IIIC . 107 >8 COI~>iLCE tig1Y SIIITE 100 B=THLfI~>O[, P11 18 017 THIS 13 TO NOTIFY YOU THAT: Judgment: :OA PL71I>siTlFlr NOTICE OF JUDGMENT/TR~~~I CIVIL CASE rn..~I PLAINTIFF: NAMEantlA~DRESS ~YaLLON 800x 9u,=$ 11>rtD DIET CO IPC •, 107 i CO>iIIt>llitCS /I11Y ~ StTITE 100 ~ LHHT~L, P11 18017 J VS. DEFENDANT: NAME a~ ADDRESS rY11itC D]1LZON/BIDOTI' 8 PIZZERI]-, I1~C,1 lOSS C~itLIBL= jtD C1U[P HILL, P11 17 011- 6211 L J Docket No.: CP-0000751-08 Date Filed: 11/Z8/08 (Date of Judgment) 1Z/~3/08 Judgment was entered for: (Name) ~~ 800t 811LS8 ~ DIST CO ©Judgment was entered against: (Name If~C D3LLZ0>8/SIDOSI' 8 PIZZ>atl.i-, IHC. in the amount of $ 9, 006.6) 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 $ 5.964.44 Judgment Costs $~3~i3 Interest on Judgment $"~.~3. Attorney Fees $T'938': TI Total $ 9, DOS. 62 Post Judgment Credits $ Post Judgment Costs g ~__~ _= Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OFTHE COURT OF COMMON PLEAS, CIVIL D1VI810N. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WRH YOUR NOTICE OF APPEAL. EXCEPT AS 01'HERWME PROVIDED tN THE RULES OF CIVIL PROCEDt1RE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO EMER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHERPROCESS MAYBE 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. Date • , Magisterial District Judge I certify that this is a true and rrect cop of the rec d of the r edings containing the judgment. Date ~ • isterial i g D strict Judge My commission expires first Monday of January, ZO10 SEAL AOPC 315-07 DB,TQ P1tIHT>®: 13/30/08 9 t 53:00 1N[ -. ~ •- +COMMONWEALTH OF PENNSYLVANIA 'rnl InlTV n~~ ilt0>RTQOI~Y Meg. Dist. No.: 38-1-09 MDJ Name: Hon. 11ILLI111L I. 1[>1RIIBZCZII>r ^°'''865: 485 8 8=BD>e1t801 jf:011D LIE~G Olr P1lIISBIII, 81- T8~8: 1610 > 265-3950 19406 NOTICE OF JUDGMENT/TRANSCRIPT ~ CIVIL CASE ~ , ; . PLAINTIFF: NnMeenanooaess ~Y>sLLOM 800= Bl1LE6 1WD DIS= CO I]iiC., 107 >11 COIOftE1tCE N11Y BtTtTE 10 0 LBET8LE9E1[, 811 18 017 J VS. DEFENDANT: Halle and noDAESS r1[>t'RC nnLTOA/SIDO'II' B PIZBEitIA, IlI1C.l 1055 CARLISLE ILD C711~ RILL, BA 17011-6211 j YELI.OM HOO= Bi1LE8 >VI'D DIBT CO IIRC. L' J 107 >< CdOLERCE ~fAY Docket No.: CP-0000751-OB Sts7ITE 100 Date Filed: 11/28/08 sE~LEBEIL, 811 18017 THIS IS TO NOTIFY YOU THAT: Judgment: ~~ BL1-I]ITIBF oun o (Date of Judgment) 12/23/08 © Judgment was entered for: (Name) YSI+I+07~ $~_ 811LE6 >tti® DIBT CO © Judgment was entered against: (Name) D/8/A SIDO?I' B IT]ILI11]If Ci1tILL/pIZZEIt in the am t f $ 9, 006.6 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 Pardon of Judgment for physical damages arising out of residential lease $.__ Amount of Judgment $ 5, 964.44 Judgment Costs 8~ - ~ Interest on Judgment $~'~i ~ Attorney Fees ST37 $T9 Total $ 9, 006.62 Post Judgment Credits $ Post Judgment Costs $ Certi#led Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 90 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 JUDGMENTfrRANSCRIPT FORM WRH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN 7HE RULES OF CML 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 TWE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE 18SUED BY THE MAGISTERIAL D~TRICT JUDGE . UNLESS THE JUD4iNiENT IS ENTERED tN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATI8FACTI~N WITH THE MAGISTERIAL DISTRICT JUDGE tF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, ZO10 AOPC 315-07 D><TE BRI>e1TED: 12/30/08 SEAL 9:53:00 111[ Magisterial District Judge AFFIDAVIT OF NO APPEAL YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA Februar~26 2009 District Justice Docket Number: CV-751-08 As of February 26.2009 A District Justice appeal has not been filed in the Court of Common Pleas of Mont omer~ County in the above captioned matter. AMATO f~~B-ASSOCIATES, P.C. By: / ~ Ro dAmato, Esq., Atty ID #32323 ichael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. . d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA . CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 2004 Renaissance Blvd KING OF PRSA,PA 19406 do certify that the precise last known address of the within named defendant is: 1055 Carlisle Road Camp Hill PA 1 701 1-621 1 AMATO AND ASSOCIATES, P.C. By: /'1 ~bndl'd Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. . Plaintiff vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA No. CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON . The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Marc Dalton is over 18 years of age, resides at 1055 Carlisle Road, Camp Hill PA 1701 1-621 1 and is employed; Sworn to and subscribed before me this~'l day of (=~ 2009 A. ~% d NOTAR UBL NOTARIAL SEAL QEO~r v spwENec~c Notary Publb HANOVER TOYYNSISP, NORTHAMPTON CNTY My C.oaantalon E~gfM~aa Wrote lay Z01Z ~ L ~ O t .© a r ~~ r a Y b y t~-,; ~ C? --i Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. . d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF S Q,Op(,.(~ ON (vk~,~ y , 2009. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. P THON - C BERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES, P.C. Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Sheriff s Office of Cumberland County R Thomas Kline Sheriff a~~~~~ c,i ~:an~;~:~,.rfr~ .~ ~d ~~~. Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2~~?9 ~t!~ ~ 7 ~3 ~ g= i 2 C~,1~r L lti l t~ Yellow Book Sales and Distribution Company, Inc. I Case Number vs. Sidotti's Italian Grill & Pizzeria 2009-1350 SHERIFF'S RETURN OF SERVICE 08/13/2009 10:12 AM -Timothy R. Black, Deputy Sheriff, who being duly sworn according 1:0 law, states that on August 13, 2009 at 1005 hours, attached as herein commanded all goods, chai:tels, rights, debts, credits, and monies of the within named defendant, to wit: Marc Dalton and Sidoti's Pizzeria, Inc. d/b/a Sidoti's Italian Grill & Pizzeria, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joan Crow, Teller Supervisor, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 14, 2009 to Sidoti's Pizzeria, Inc., Sidoti's Italian Grill & Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011, and to Marc Dalton, Sidoti's Italian Grill & Pizzeria, 1055 Carlisle Road, Camp Hill, PA 17011. So Answers - ~ f,,- a R. T bmas Kline, Sheriff By ~~~"- Deputy Sheriff= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 09-1350 Civil vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA CIVIL ACTION M & T BANK Defendant Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of the Plaintiff and against the above-named Garnishee, in the amount of 59,006.62, admitted in the answer to interrogatories to be in the garnishee's possession, together with statutory interest and costs. The amount of the judgment of the Plaintiff against the Defendant is 59,006.62. Dated: August 31, 2009 AMATO ASSOCIATES, P.C. By: onald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 09-1350 Civil vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA CIVIL ACTION Defendant M & T BANK Garnishee CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 2004 Renaissance Blvd KING OF PRSA,PA 19406 I do certify that the precise last known address of the within named defendant is: 1055 Carlisle Road Camp Hill PA 1 701 1-621 1 I do certify that the precise last known address of the within named garnishee is: 960 Walnut Bottom Road CARLISLE PA 17015 AMATO D ASSOCIATES, P.C. By: ~- /~.~ Wald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM F1I,~t~t~~1C~ .. OF THE €~n4~T~-!~;'~OiA~Y ~~D4 SEP -4 PM I ~ 53 r~1P~~"i.V~E4~A ~t~.OO Pp ArM ~~ alos8°13 a~oat9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 09-1350 Civil vs. MARC DALTON and SIDOTI'S PIZZERIA, INC. d/b/a SIDOTI'S ITALIAN GRILL & PIZZERIA CIVIL ACTION Defendant M&TBANK Garnishee NOTICE OF JUDGMENT AGAINST GARNISHEE (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE NAMED GARNISHEE IN THE AMOUNT OF 59,006.62 ON S~a.Pf ~} , 2009. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY -CUMBERLAND COUNTY Per: ~s~ ( ~• c~cg If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES, P.C. By: Amato, Esq., Atty ID #32323 ichael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM