HomeMy WebLinkAbout09-2784`'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: YORK
Mag. Dist. No.:
19-3-09
Oq ` 2.184 O-A-V i t Ter-K
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rMONARCH PRODUCTS CO INC
385 SIPS ROAD
C/O JOHN F. N/AUMAN
LYORK HAVEN, PA 17:370 J
tJS.
DEFENDANT: NAME and ADDRESS
rMCKENZIB CONCRETE PRODUCTS, INC
44 RITCHEY RD
FAYETTEVILLE, PA :17222
L J
Docket No.: CV-0000110-09
Date Filed: 2/24/09
MDJ Name: Hon.
SCOTT J. GROSS
Address: 700 YORKTOMN RD
LEKISBERRY, PA
Telephone: (717 ) 938-2523 17339
MONARCH PRODUCTS CO INC
385 SIPE ROAD
C/O JOHN F. NAGMAN
YORK HAVEN, PA 17370
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF
(Date of Judgment) _ 3/24/09
® Judgment was entered for: (Name) MONARCH PRODUCTS CO, INC
® Judgment was entered against: (Name) MCKENZIE CONCRETE PRODUCTS, INC
in the amount of $ 1,220.07
F] Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
1-1 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 $ 1,114.07
Judgment Costs $ 106.00
Interest on Judgment $ -00
Attorney Fees $ .00
Total $ 1,220.07
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
JUDGME=NT 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 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. bis`trict,Judge
I certify that this is a true and correct copy of th record of the proceedings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2012 SEAL
AOPC 315-07
DATE PRINTED: 4/06/09 9:43:00 AN
• . IN
OF THE Pater=lGE
"ONr)TARY
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MONARCH PRODUCTS CO., INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 09- CIVIL TERM
McKENZIE CONCRETE
PRODUCTS, INC., : DISTRICT JUSTICE
Defendant : DOCKET NO. CV-0000110-09
AFFIDAVIT OF NO APPEAL
.r
As of May 1, 2009, an appeal from the judgment of the Magisterial District Justice
has not been filed in the Court of Common Pleas of York County, Pennsylvania, in the
above-captioned matter.
GC/
Wayne F. ade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
RLEU--O ,:"F J
THE
f1
2009 MAY -1, P 1: 2:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
MONARCH PRODUCTS CO., INC.
Plaintiff
V.
McKENZIE CONCRETE PRODUCTS,
INC.,
44 Ritchey Road
Fayetteville, PA 17222
Defendant
M&T Bank,
One West High Street
Carlisle, PA 17013,
Garnishee
? Confessed Judgment
® Other - District Justice
NO. t)q- 01-784 CIVIL TERM
Amount Due: $1,220.07
Interest frotri March 25, 2009
Attorney's Commission:
Costs:
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as
amended.
Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, Pennsylvania,
for debt, interest and costs against M&T Bank, One West High Street, Carlisle, Pennsylvania 17013, as
Garnishee.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue Writ of Attachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest
and costs, as above, directing attachment against the above-named Garnishee for the following property (if
real estate, supply six copies of the description; supply four copies of lengthy personalty list):
For all property of Defendant in the possession, custody or control of the said Garnishee.
,.
? (Indicate) Index this writ against the Garnishee(s) as a lis pendens against real estate of the
Defendant(s) described in the attached exhibit.
Date: May 4, 2009 CSC/
Wayne F. S de, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
0
OF THE PC -"'I' -'TARY
2009 MAY -4 1, 2
a?.as C
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$ 5445 . Po APY
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2784 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MONARCH PRODUCTS CO., INC., Plaintiff (s)
From McKENZIE CONCRETE PRODUCTS, INC., 44 Ritchey Road, Fayetteville, PA 17222
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
M&T BANK, One West High Street, Carlisle, PA 17013
For all property of defendant in the possession, custody or control of said Garnishee.
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 $1,220.07
Interest from 3/25/09 -- to be determined
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 5/04/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
1.51 Al rfls / 1 /inai
Curtis R. Long, Prothonotary
By: VAik
Deputy
REQUESTING PARTY:
Name WAYNE F. SHADE, ESQUIRE
Address: 53 WEST POMFRET STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-0220
Supreme Court ID No. 15712
Sheriffs Office of Cumberland County
R Thomas Kline " of ctugrEdward L Schorpp
Sheriff's Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy _ Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/11/2009 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 11,
2009 at 1530 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: McKenzie Concrete Products, Inc., 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 Lisa Broughton, Customer Service Representative 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 May 12, 2009 to McKenzie Concrete
Products, Inc. at 44 Ritchey Road, Fayetteville, PA 17222.
2009-2784
Monarch Products Co,. Inc.
VS
McKenzie Concrete Products, Inc.
So Answers,
R . ;:eo mas K 1ne, eri
By /1'///
eputy Sheriff
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MONARCH PRODUCTS CO., INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
McKENZIE CONCRETE
PRODUCTS, INC.,
Defendant
NO. 09- Wl CIVIL TERM
: DISTRICT JUSTICE
: DOCKET NO. CV-0000110-09
INTERROGATORIES TO GARNISHEE
TO: M&T Bank
You are required to file answers `to the following Interrogatories within twenty (20)
days after service upon you. The answers must be in writing and under oath. You are
warned that if you fail to do so, a judgment may be entered against you by the court
without further notice for any money claimed by Plaintiff against Defendant. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Date: May 4, 2009
1. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
(a) Whether or not you owed any Defendant any money;
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(b) Whether or not you were liable to any Defendant on any negotiable or other
written instrument; or k) C)
(c) Whether any Defendant claimed that you owed any Defendant any money or
were liable to any Defendant for any reason. 00
2. If any of your responses to Interrogatory No. 1 above are in the affirmative,
state, as follows:
(a) The amounts which you owed any Defendant or which any Defendant claimed
you owed; FX Q - NO41) P
C?eFC A(d?
(b) If there is more than one Defendant, which Defendant you owed or were
claimed to have owed; A (Gi'
(c) The reasons why such sums were owed by you;
eX6? Q&xcw,k-? t3'vr1A L6- ? -
(d) Whether or not the obligations creating the debt were in writing; and
(e) The dates when such sums became owed by you.
3. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
(a) Whether you held legal title to any property of any nature which was actually
legally or equitably owned solely or in part by any Defendant; , 1 D
(b) The fractional interests of all joint owners or custodians including yourself;
(c) Descriptions of all such items and identifications as to any particular joint
custody or ownership; /
(d) Values of each of such items; (?C.-
(e) Whether or not the items are encumbered; q?-
(f) If encumbered, the names and addresses of the encumbrance holders;
0 ?
(g) If encumbered, since when;
/. (/\ -
(h) If encumbered, the amount of the initial encumbrance; ly?
(i) If encumbered, the amount of the present balance of the encumbrance; ll Ck-
0) If encumbered, whether or not such items were subjected to a security interest; r y ?
and
(k) If subjected to a security interest, where and when the security interests were
filed.
4. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
(a) Whether you held as fiduciary any property in which any Defendant had an
interest;
1'1iO
(b) Descriptions of all such items;
?-
(c) Values of each of such items;
n0k-
(d) Whether or not the items are encumbered;
(e) If encumbered, the names and addresses of the encumbrance holders;
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(f) If encumbered, since when;
N/ A?'
(g) If encumbered, the amount of the initial encumbrance;
lyo---?
(h) If encumbered, the amount of the/?present balance of the encumbrance;
V?
(i) If encumbered, whether or not such items were subjected to a security interest;
and
0) If subjected to a security interest, where and when the security interests were
filed.
5. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
(a) Any property which you transferred or delivered to any person or place in
satisfaction of a claim which anyone had against any Defendant; A0
(b) The dates of transfer;
(c) The names and addresses of the transferees;
0/ I.A?
(d) The family relationships, if any, to any Defendant of any such transferees;
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(e) Descriptions of all such items;
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(f) Values of each of such items;
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(g) Whether or not the items were encumbered;
(h) If encumbered, the names and addresses of the encumbrance holders;
i\,- ( 6"-----
(i) If encumbered, since when;
0) If encumbered, the amount of the initial encumbrance;
(k) If encumbered, the amount of the balance of the encumbrance at the date of
transfer;
Iq CA-?-
(1) If encumbered, whether or not such items were subjected to a security interest;
and
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(m) If subjected to a security interest, where and when the security interests were
filed.
6. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
(a) Whether or not there were any other executions pending against any Defendant
as to which you were listed as Garnishee; 0
(b) If so, the names and addresses of the lienholders;
N?-
(c) If so, state the Courts from which such executions issued and the docket
numbers of the executions; and
(d) If so, state the amounts of the executions.
These Interrogatories shall be deemed to be continuing Interrogatories. If after the
time of your answer you or anyone acting in your behalf learn or obtain additional
information requested, but not supplied in your answers, you shall promptly furnish a
supplemental answer under oath containing the same.
AWAY
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
I verify that I am authorized by Garnishee to make this Affidavit and that the
statements made in the foregoing Answers to Interrogatories are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. §49(?4i relating to unsworn falsification to
authorities. n 1 J,
Date: MAY 1 a,oU
TALIA S. PALMER
M&T BANK
M & T BANK
LEGAL DOCUMENT PROCESSING
P.O. BOX 844
BUFFALO, NY 14240
iL,,-D-?.ii -F t ',',';'E
OF THE
2999 MAY 19 AH 11: 16