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Home My WebLink About09-1711Johnson, Duffle, Stewart.& Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 L. B. SMITH FORD LINCOLN MERCURY 1100 Market Street Lemoyne, PA 17043, Plaintiff V. AUTOVATIONS 1304 South Market Street, Sect. 4 Mechanicsburg, PA 17055, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 69- / 7 /! CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment in the amount of $1,091.22 against Defendant General Remodelers, which said Judgment was entered for Plaintiff L. B. Smith Ford Lincoln Mercury by the Honorable Robert V. Manlove, Magisterial District No. 09-1-02, on or about January 9, 2009, a certified true and correct copy of which is attached hereto. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: _d/ 40 Looq By: Michael J. Cassidy Attorney 1. D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 :360640 Attorneys for Plaintiff 8993-7 1* COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT r`.nl INTY nF• CD1I?ERL7IND CIVIL CASE Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE ST Catty SILL, Pal Teteph.e. (717) 7'61-0383' 17011-0-060' PLAINTIFF: NAME and ADDRESS 133 =xTR FORD LINCOLN MERCURY 1100 SST ST LEMOYNE, PA 17043 L_ J vs. DEFENDANT: NAME arit(ADORESS ?a?nYOV?IO?s 1304 S-1t Y92=f -ST SECT 4 LlQCHANICODURG, PA 17055 J LS WaT8 FORD LINCOLN 1?tCQ>itY 110 0 MARKET ST Docket No.: CV-0000412-08 LEMOYNE, PA 17043 Date Filed: 12/01/08 . i THIS IS TO NOTIFY YOU THAT: :. DEFAIIL ` PLTF rt?ent. _, .- r _ .., --? 1/09/09 . _,. (Dte of Judgment} - Judgment was entered for: (Name) LB SMITR FORD LINCOLN MERCURY Judgment was entered against: (Name) AUTOVATIONS in the amount of $ 1,091.22 02 990 Defendants are jointly and severally liable. Amount of Judgment Judgment Costs . $ $ 101.20 t Interest on Judgment _ .00 $ Damages will be assessed on Date & Time Attorney Fees $ This case di,smissed,wvithout prejudice, . t $ 1, 091 12 ota Amount of Judgment Subject to Attachmentr42 Pa.C.S. § 81,27 post judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of Y residential 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 PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMIRNT HOLDER ELECTS;TO.ENTER THE JUDGMENT IN THE COURT gF COMMON PLEIkS, ALL FURTHER PROCESS MUST COME FA6M THE-COURT OF-COMiNON PLEAS AND NO*UATHER PROCESS MAY BE ISSUED BY THE MAOtSTERIAL 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. C Date . ? ; i t ttrhisIs a true r e py of t 7 Date My commission expires first Monday of January, cola SEAL AOPC 315-07 DATE PRINTED: 1/09/09 4:07:00 PM ?' CERTIFICATE OF SERVICE AND NOW, this day of 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Autovations 1304 South Market Street, Sect. 4 Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: Y&k a. Beth A. Fetterhoff N co (C! IND LA V IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION L. B. SMITH FORD LINCOLN MERCURY, : Plaintiff VS. AUTOVATIONS, Defendant ( ) Confessed Judgment ( X ) Other File No. 01- /7/1 Amount Due $1,091.22 Interest $ Atty's Comm. Costs *e -25 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s): Levy upon and sell all personal property of the Defendant, Autovations, including, but not limited to, all tools, equipment, furnishings, funds, accounts, and other personal property of Defendant located at 1304 South Market Street, Sect 4, Mechanicsburg, Pennsylvania 17055. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). ? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 3 L14 Z009 Signature: ?--- 1 Print Name: Michael J. Cassidy Address: 301 Market Street Lemoyne, PA 17043 Attorney for: L. B. Smith Ford Lincoln Mercury Telephone: (717) 761-4540 Supreme Court ID No. 82164 :360661 ( GGC?c? On e AG l 6.0-y _'O' C') rv •°ca `fin O co F/ rt`7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due L.B. SMITH FORD LINCOLN MERCURY, Plaintiff (s) From AUTOVATIONS (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, AUTOVATIONS, INCLUDING, BUT NOT LIMITED TO, ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF DEFENDANT LOCATED AT 1304 SOUTH MARKET STREET, SECT4, MECHANICSBURG, PENNSYLVANIA 17055. (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$1,091.22 Interest Atty's Comm % Atty Paid $2.50 Plaintiff Paid $51.25 Date: March 19, 2009 (Seal) REQUESTING PARTY: Name MICHAEL J. CASSIDY Address: 301 MARKET STREET, LEMOYNE, PA 17043 Deputy Attorney for: L. B. SMITH FORD LINCOLN MERCURY, PLAINTIFF L.L.$.50 Due Prothy $2.00 Other Costs 61? Curtis R. Long, Prol5dn-otary By: Telephone: 717-7614540 Supreme Court ID No. 82164 r r r Sheriffs Office of Cumberland County R Thomas Kline of cuuubar, Edward L Schorpp Sheriff' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF TrF S?£RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 11:50 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1150 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Autovations, by making known unto Thomas Benner and Diallo Moumar, owners of said business, at 1304 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to them personally the said true and correct copy of the same. Upon serving the writ of execution, defendant paid $1218.03 to Deputies Fry and Vioral. 04/06/2009 On April 6, 2009, the check written to pay off this writ was returned by the bank marked "Return Reason-A Not Sufficient Funds". I did contact Tom Benner and advised him he had until 04-07-09 to make the check good. Benner called on 04-07-09 and advised that he had just gotten ahold of Diallo Moumar and he was enroute back to Pennsylvania from Ohio and requested we give him until 04-08-09 to make good on the check. On April 8, 2009, Tom Benner and Diallo Moumar came to the Sheriffs office and did pay the full amount in cash, plus a $20.00 return check fee. 04/16/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned SATISFIED. SHERIFF COST: $93.06 (PAID) 9.,,,,, ?//a r (D 9 SO ANSWERS, 01 J?p. O q- /'71 / -- April 20, 2009 R THOMAS KLINE, SHERIFF Sharon R. Lantz (Yv b-k 7D 1 ex. G 9,,5-L, Pa".7zyo7v r WRIT OF EXECUTION and/or ATTACHMENT l COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due L.B. SMITH FORD LINCOLN MERCURY, Plaintiff (s) From AUTOVATIONS (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, AUTOVATIONS, INCLUDING, BUT NOT LIMITED TO, ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF DEFENDANT LOCATED AT 1304 SOUTH MARKET STREET, SECT4, MECHANICSBURG, PENNSYLVANIA 17055. (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$1,091.22 L.L.$.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $2.50 Other Costs Plaintiff Paid $51.25 Date: March 19, 2009 Curt' R. Long, otary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL J. CASSIDY Address: 301 MARKET STREET, LEMOYNE, PA 17043 r j Attorney for: L. B. SMITH FORD LINCOLN MERCURY, PLAINTIFF Telephone: 717-761-4540, - Supreme Court ID No. 82164 E ? .E ci b I UVW buni? DISTRIBUTION PLAINTIFF L.B. Smith Ford Lincoln Mercury WRIT NO. 2009-1711 L.B. Smith Ford Lincoln Mercury -vs- Autovations Real Debt $ 1,091.22 Interest Attorney's Comm. Writ Costs, Atty 2.50 Writ Costs, Pltff. 51.25 Miscellaneous Attorneys Fees $ 1,144.97 Sheriff's Costs: Docketing $ 18.00 Poundage 21.82 Law Library .50 Prothonotary 2.00 Service 9.90 Postage .84 Advertising Postpone Sale Bad Check Charge 20.00 Surcharge 20.00 Garnishee Levy TOTAL $ 93.06 Defendant Paid to Sheriff $ 1,238.03 Advance Costs 150.00 Total Collected $ 1,388.03 DISTRIBUTION Pd. To Pltff. $ 1,144.97 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.50 So Answers: R. homas Kline, Sheriff By-