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HomeMy WebLinkAbout09-2882COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND tNl Mag. Dist. No. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 K. & D. FACTORY SERVICE, INC. 1833 N. CAMERON STREET HARRISBURG, PA 17103 NOTICE OF JUDGMENT/TRANSCRIPT elti CIVIL CASE PLAINTIFF: NAME and ADDRESS FK. & D. FACTORY SERVICE, INC. 1833 N. CAMERON STREET HARRISBURG, PA 17103 L J VS. DEFENDANT: NAME and ADDRESS rJU7LIANA' S ITALAIN RESTU7RANT 7 6108 CARLISLE PIKE MECHANICSBURG, PA 17050 L J Docket No.: CV-0000860-08 Date Filed: 12/12/08 THIS IS TO NOTIFY YOU THAT: Judgment: D21FAULT JUDGME31T PLTF (Date of Judgment) Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 2,605.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Timi This case dismissed without prejudice. 1/22/09 K. & D. FACTORY SERVICE, INC. JULIANA' S ITALAIN RESTU7RANT 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 Judgment Costs Interest on Judgment Attorney Fees Total $ 2,487.02 $_ 118.50 $ + 00 $ .00 $ 2,605.521 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL 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 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. JAN 2 3 2009 W Q1W YJ Date I certify that this is a true an correct -TAq ? / V b Date , Magisterial District Judge ings containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 ANOT 7009 MAY -1 PM 3' 01 CUIN"NSYt.VAN1? NAY f-bTl CP 092p Ms AMP(I a-T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment K&D FACIMy SERVICE, INC. Other 1833 N. Cameron Street Harrisburg, PA 17103 :File No __ Q9 - 02 V?q VS. : Amount Due $2,605.52 JULIANA' S ITALIAN RESTAURANT Interest 6108 Carlisle Pike Atty's Comm Mechanicsburg, PA 17050 ; Costs $ 201.25 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) any and all cash and personal property at Defendant's business located at 6108 Carlisle Pike, Mechanicsburg, PA 17070. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 garnishee(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 _ May 7, 2009 Signature: IIJJ?t ?; ?C? Print Name: Ann E. Rhoads Address: P. O. Box 11847 Harrisburg, PA 17108-1847 Attorney for: K&D Factory Service, Iiic. Telephone: 717-238-1731 Supreme Court ID No: 49631 RLED-O ICE OF THE PEROTH ARY 2009 MAY -7 PM 3: Q9 COMB . = ,? `' UN1Y PENNSYL..VAN A a.srr> /-d -A3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-2882 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due K & D Factory Service, Inc. 1833 N. Cameron Street, Harrisburg, PA 17103 Plaintiff (s) From Juliana's Italian Restaurant 6108 Carlisle Pike Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all cash and personal property at Defendant's business located at 6108 Carlisle Pike, Mechanicsburg, PA 17070. (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 $2605.52 Interest Atty's Comm % Atty Paid $2.50 Plaintiff Paid $51.25 Date: May 7, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs s R. Lo 3io ry By: REQUESTING PARTY: Name Ann E. Rhoads Esq Address: P. O. Box 11847 Harrisburg, PA 17108-1847 Attorney for: Plaintiff Telephone: 717-238-1731 Deputy Supreme Court ID No. 49631 Sheriffs Office of Cumberland County or R Thomas Kline **%t at cumbrt,4 Edward L Schorpp Sheriff Solicitor 4N, Ronny R Anderson Jody S Smith Chief Deputy AFFl4RE OF TM SACRIFf Civil Process Sergeant K&D Factory Service, Inc. vs Case Number . Juliana's Italian Restaurant 2009-2882 SHERIFF'S RETURN OF SERVICE 05/28/2009 03:41 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2009 at 1541 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Juliana's Italian Restaurant, by making known unto Ben Salerno, General Manager, at 6108 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, General Manager Salerno paid $2783.56 to Deputy Harrison. 06/29/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $124.29 (PAID) v 4Idg10 I C .,. June 29, 2009 Receipts Advance Costs (05/19/09) Payoff (05/28/09) Total Receipts Distribution SO ANSWERS, R THOMAS KLINE, SHERIFF B Sharon R. Lantz w 3 $ 150.00 2,783.56 t° r c.a $ 2,913.56 qZ :11 V I I J V'r1 gul Paid to Atty/Plaintiff $ 2,809.27 Paid to Sheriff 9' 124.29 Total Distribution $ 2,933.56 cU2. 70 3 1- A-Cl: ,za73i9 WRIT OF EXECUTION and/or ATTACHMENT - { COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-2882 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due K & D Factory Service, Inc. 1833 N. Cameron Street, Harrisburg, PA 17103 Plaintiff (s) From Juliana's Italian Restaurant 6108 Carlisle Pike Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all cash and personal property at Defendant's business located at 6108 Carlisle Pike, Mechanicsburg, PA 17070. (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 $2605.52 Interest Atty's Comm % Atty Paid $2.50 Plaintiff Paid $51.25 Date: May 7, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs ?111" f 's R. Lo ono By: Deputy REQUESTING PARTY: Name Ann E. Rhoads Esq Address: P. O. Boa 11847 Harrisburg, PA 17108-1847 Attorney for: Plaintiff Telephone: 717-238-1731 Supreme Court ID No. 49631 I wL DISTRIBUTION PLAINTIFF K & D Factory Service, Inc. WRIT NO. 2009-2882 K & D Factory Service, Inc. -vs- Juliana's Italian Restaurant Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 2,605.52 53.75 $ 2,659.27 Sheriff's Costs: Docketing $ 18.00 Poundage 52.11 Law Library .50 Prothonotary 2.00 Service 10.80 Postage .88 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 124.29 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs 2,659.27 150.00 124.29 $ 2,783.56 150.00 $ 2,933.56 So Answers: R. limas Kline, Sheriff B