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HomeMy WebLinkAbout09-4876-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Mag. Dist. No.: 19-3-09 MDJ Name: Hon. SCOTT J. GROSS Address: 700 YORXTOW N RD LRWISBERRY, PA Telephone: (717 ) 938-2523 17339 ACACIA BUSINESS SERVICES LLC 10 WINDING HILL DR. ETTERS, PA 17319 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDG ZNT PLTF Judgment: NO. Oq- 1-1?7 6 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rACACIA BUSINESS SERVICES LLC 10 WINDING HILL DR. ETTERS, PA 17319 L DEFENDANT: rDISANTO, JOHN, 32 8TH STREET NEW CUMBERLANE VS. NAME and ADDRESS ET AL. , PA 17070 I L J Docket No.: CV-0000191-09 Date Filed: 3/18/09 (Date of Judgment) 6/01/09 T Judgment was entered for: (Name) ACACIA BUSINESS SERV, ICES LLC ® Judgment was entered against: (Name) DISANTO, JOHN in the amount of $ 902.7 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. F] 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 $ 762.50 Judgment Costs $_ 140.25 Interest on Judgment $ Attorney Fees $ 0 Total $ 902.75 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 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. Date , Magisterial District Judge I certify that this is a true and correct c th recor oft r eedings containing the judgment. Date - , Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 6/17/09 8:52:00 AN SEAL "&-,POMMONWEALTH OF PENNSYLVANIA ?- COUNTY OF: YORK Mag. Dist. No.: 19-3-09 MDJName: Hon. SCOTT J. GROSS Address: 700 YORKTOWN RD LI+lII ISBERRY, PA Telephone: (717) 938-2523 17339 ACACIA BUSINESS SERVICES LLC 10 WINDING HILL DR. ETTERS, PA 17319 i THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODGMENT PLTF (Date of Judgment) 6/01/09 ® Judgment was entered for: (Name) ACACIA BUSINESS SERV, ICES LLC ® Judgment was entered against: (Name) HI-TECH HI-ART in the amount of $ 902.7S Amount of Judgment $ 762.50 Defendants are jointly and severally liable. Judgment Costs $ 140.2s 06 Damages will be assessed on Date & Time Interest on Judgment $ • Attorney Fees $ ( This case dismissed without prejudice. Total $ 9b2.75 t x' Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ s $ Post Judgment Costs $ n ,Poaiw of Judgment for physf6i l' ! es i . g.outof/` residential lease $/ Certified Judgment Total $ f., 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 JUDGMENT HOLDE"LEC"-TO -ENTER TKE-JIJDGl1ll"T if+T1iE G? tlRT OtiNIMi?N PtEIIS k3=L FURTHERFROG£SS 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 -'"w•" :^*REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ??' 1 'Date I certify that this is a true and Date / of r ! ;. . . _ / NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ICACIA BUSINESS SERVICES LLC 7 10 WINDING HILL DR. ETTERS, PA 17319 L J VS. DEFENDANT: NAME and ADDRESS rDISANTO, JOHN, ET AL. 32 8TH STREET NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000191-09 Date Filed: 3/18/09 I el" Magisterial District Judge ie ceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, cola AOPC 315-07 DATE PRINTED: 6/17/09 8:53:00 AM SEAL AFFIDAVIT OF NO APPEAL Case No: ?C?1G A ? ?1 ???LQ.>LJcCQ/J Plaintiff District Justice Docket Number: Vs. -T(--)h r\ b. %dn c.f- cj 1 -Ts-it k-Gr?- Defendant cy -Gaotlq(-Gq As of 71 --),Lc) -1 a District Justice appeal has not been filed in the Court of Common Pleas of County in the above captioned matter. endant J PLED- OliFICE OF THE FFOTF1;),n .0rgRY 2009 JUL 21 ? ! ! Cl?,?; d FED^JP Y $;,- 7.a-S- Pd AV* CILI? k- 2tt Aar;-&3 l?ef?C- c .kC,l.-Id IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cl VII. DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment A Ae j A $us? ? ?OA? ?2121J KQIJ ? Other q / (O W -edtn ?,Ru_ f File No. E e,R.S , O q t"7314 V15 Amount Due 90 D •-71- --b sckAf o -jan n , j c-D la'. -+e_(h 4" - d r l- 3 a vk) Stte_t? kW.) QU n)at r lot a PA 1-7070 TO THE PROTHONOTARY OF THE SAID COURT: Interest Atty's Comm Costs H c( - 0)6- 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. /n? .. `` Issue writ of execution in the above matter to the Sheriff of l? r1L1QQ'rU Y1d County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 0 13 I L6D l Q V\ d 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 garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the rfenda t gs) described in the attached exhibit. Date ] 6j a afore: sole. ? r O puk?otu Address: lo W r n C! t A11 . r 1-73 G Attorney for: CQ it I Q. ( r U l? Telephone: 'Is Supreme Court ID No: FILED-CiTiCE OE THE PROTHON JTAPY 2009 JUL 21 AM I I : 3 9 r' r7 ov ;-7 z S Cos-f!; 18)6- g 5-j . x 5- p d PYr-?- s 06 Due Co. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACACIA BUSINESS SERVICES LLC Plaintiff (s) From JOHN DISANTO AND HI-TCH HI-ART, 32 8TH STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY OR CASH. (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$ 902.75 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid Other Costs$49.25 Plaintiff Paid $51.25 Date: July 21, 2009 is R. Lo rothono ry (Seal) By: Deputy REQUESTING PARTY: Name LYNN A. EASPARRO, SOLE PROPRIETOR OF ACACIA BUSINESS SERVICES Address: 10 WINDING HILL DR., ETTERS, PA 17319 Attorney for: Telephone: 717-938-1141 Supreme Court ID No. Sheriffs Office of Cumberland County R Thomas Kline FILES; F CE ; Sheriff OF THE P[ rA? Y Ronny R Anderson {+,. , Chief Deputy J?.P 28 PH 12= 154 Jody S Smith G , ?OTV Civil Process Sergeant OFf ICE or `•E . J: Edward L Schorpp Solicitor Acacia Business Services Case Number vs. Hi-Tech Hi-Art LLC 2009-4876 SHERIFF'S RETURN OF SERVICE 07/29/2009 05:20 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2009 , he served a true copy of the within writ of execution, upon the defendant, to wit: John Disanto and Hi Tech - Hi Art, LLC, by making known unto Mike Shambaugh, Office Assistant and Adult in Charge, at 32 8th Street, Suite #9, New Cumberland, Cumberland County, Pennsylvania 17070 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, a levy was not completed, as the Office Manager, Brian Schreiner, claimed that this was under appeal. 08/19/2009 03:15 PM - Deputies Worthington and Harrison, who being duly sworn according to law, state that on August 19, 2009, they went to Hi Tech - Hi Art, LLC to complete a levy. The levy paperwork had been previously served, but no levy had been done at that time. The deputies were able to levy on several rooms that were not locked; however, the warehouse and owner's office could not be accessed at this time. 08/26/2009 04:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2009, he went to Hi Tech - Hi Art, LLC for the purpose of finishing the levy that had been previously started by Deputies Worthington and Harrison. At this time, owner/defendant John Disanto paid $ 1,129.11 to Deputy Noah Cline. 09/28/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $125.86 September 28, 2009 4/2 9/ of L- ?, SO ANSWERS, R THOMAS KLINE, SHERIFF r By Sharon- R. Lant Cte © a 3/l pd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACACIA BUSINESS SERVICES LLC Plaintiff (s) From JOHN DISANTO AND HI-TCH HI-ART, 32 8TH STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY OR CASH. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 902.75 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid Other Costs$49.25 Plaintiff Paid $51.25 Date: July 21, 2009 s R. Long, P (Seal) By: Deputy REQUESTING PARTY: Name LYNN A. EASPARRO, SOLE PROPRIETOR OF ACACIA BUSINESS SERVICES Address: 10 WINDING HILL DR., ETTERS, PA 17319 Attorney for: Telephone: 717-938-1141 Supreme Court ID No. DISTRIBUTION PLAINTIFF Acacia Business Services, LLC WRIT NO. 2009-4876 Acacia Business Services, LLC -vs- John DiSanto and Hi-Tech Hi-Art Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 902.75 51.25 49.25 $ 1,003.25 Sheriff's Costs: Docketing $ 18.00 Poundage 22.14 Law Library Prothonotary 2.00 Service 32.40 Postage 1.32 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee Levy 20.00 TOTAL $ 125.86 Defendant Paid to Sheriff $ 1,129.11 Advance Costs 150.00 Total Collected $ 1,279.11 DISTRIBUTION Pd. To Pltff. $ 1,003.25 Refund of Adv. Costs 150.00 Sheriff's Costs 125.86 So Answers: R. homas Kline, Sheriff By%