HomeMy WebLinkAbout09-6113R.F. FAGER CO.
Plaintiff
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:No. Oq - Col l-6 Civil perk
: CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter judgment in favor of Plaintiff and against Defendant Mike Fensterbush,
t/d/b/a Evertight Roofing, in the amount of $2,915.22 together with interest compounded
monthly at the rate of 1.5%, from September 3, 2009, plus costs to be determined.
I hereby certify that the name and last known address of the proper person against whom
judgment should be entered under Pa.R.C.P. 236 is:
Mike Fensterbush
t/d/b/a Evertight Roofing
216 Prowell Drive
Camp Hill, PA 17011
Respectfully submitted,
KUNDRAT & ASSOCIATES
By
/John Khudrat?squire
Atto ey I.D. No: 24958
107 Boas Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
Dated: September 3, 2009
COMMONWEALTH OF PENNOVANIA
Cni INTY nF• CUMBERLAND
Mag. Dist. No.:
09-1-01
NOTICE ,*CIVIL
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FR F FAGER CO ?
2058 STATE RD
CAMP HILL, PA 17070
L J
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
ATTORNEY FOR PLAINTIFF :
KUNDRAT & ASSOCIATES
JOHN S. KUNDRAT
107 BOAS STREET
HARRISBURG, PA 17102
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
Fx1 Judgment was entered for: (Name)
® Judgment was entered against: (Name)
in the amount of $ 3,779.01
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 $ 3,635.00
Judgment Costs $ 144.00
Interest on Judgment $ -
Attorney Fees $ • -0
Total $ 3,779.00
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.
APR 14 2009 Date ?i
I certify that this is a true a correct copy of th
1AY 15 2009 Date (_ Y? ,q-
My commission expires first Monday of January, 2014
VS.
DEFENDANT: NAME and ADDRESS
FRIKE FENSTERBIISH/EVERTIGHT ROOFING;
216 PROWELL DRIVE
CAMP HILL, PA 17011
L J
Docket No.: CV-0000088-09
Date Filed: 2/10/09
f
(Date of Judgment)
R F FAGER CO
4/14/09
MIKE FENSTERBUSH/EVERTIGHT ROOFING
Magisterial District Jud
ings containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-07
DATE PRINTED: 4/14/09 12:56:00 PM
#4
R.F. FAGER CO.
Plaintiff
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE PA.R.C.P. 236
I, JOHN S. KUNDRAT, ESQUIRE, hereby certifies that the precise
residence of Plaintiff is:
R.F. Fager Co.
2058 State Road
Camp Hill, PA 17011
And certify that the last known address of the within Defendant is:
Mike Fensterbush
t/d/b/a Evertight Roofing
216 Prowell Drive
Camp Hill, PA 17011
Respectfully submitted,
KUNDRAT & ASSOCIATES
By
Jo7B Kdrat,?re
Ay D. No: 24958
10 as Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
Dated: September 3, 2009
FILED--OFFIC"E
OF THE F" i y" !OT?Y
2009 SEP -8 FM 3= 12
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R.F. FAGER CO.
Plaintiff
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
TO: Mike Fensterbush, t/d/b/a Evertight Roofing
You are hereby notified that on $ O the following judgment has been
entered against you in Cumberland County for a above-captioned matter:
Judgment in the amount of $2,915.22 together with interest compounded monthly
at the rate of 1.5%, from September 3, 2009, plus costs to be determined.
Date:
of notary
I hereby certify that the names and last known address of the proper person to receive
this notice under Pa.R.Civ.P. 236 is:
Mike Fensterbush
t/d/b/a Evertight Roofing
216 Prowell Drive
Camp Hill, PA 17011
KUNDRAT &
By
?j.
TES
in
dr?t; E qui
John. f1l)
Atte No. 24958
107 Boas Street
Harrisburg, PA 17102
(717) 232-3755
Attorney for Plaintiff
Dated: September 3, 2009
Ili THE COURT OF CONMION PLEAS OF CUMBERLAND COVINTY, PE,N'NSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
R.F. FAGER CO.
? Confessed Judgment
[] Other
Plaintiff ?"?
File No. _ 09-6113 Civil Term see book
v.
Amount Due -2115-612
MIKE FENSTERBUSH t/d/b/a ltr.arest fromIM Mb q/3'09
EVERTIGHT ROOFING
dl(o Prowail sft"t Atty's Comm
CAn% p 4i It, PA 17011 Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The wndersigaed 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 dow, it is based on the appropriate origins:
proceeding filed pursuant to act 7 of 1966 as amended;. and for real property pursuant to Act 5 of 1974 as
amended.
Issue writ of execution in the above matter to the SheriE of Cumberland
County, for debt, surest and costs, upon the following dewribcd property of the def-adant (s)
personal property of Mike Fensterbush t/d/b/a Evertight Roofing
PR"CIPE FOR ATTACEL%MNT EXECUTION
issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attacbmeut 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) Iudex this writ against the garnishee (s) as a lis perde3s 777 start of the
defendant(s) describod in the attached exhibit.
Date September 17, 2009 Signature:
//,-
Print Name: Jo 'S. 1<44A/drat, Esquire
Address: 1 Boas Street
Attorney for:
Telephone:
Harrisburg, PA 17102
Plaintiff
717-232-3755
Supreme Court ID No: 24958
11 X
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TO THE SHERIFF OF CUMBERLAND COUNTY:
There will be placed in your hands for services a Writ of Execution as follows:
R.F. FAGER CO.
Plaintiff
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-6113 Civil Term
CIVIL ACTION - LAW
WAIVER OF WATCHMAN
Any Deputy Sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person
of such levy or attachment, with liability on the part of such deputy or the Sheriff to any plaintiff
herein for any loss, destruction or removal of any such property before Sheriffs Sale thereof.
KUNDRAT &
By
TES
John S. Ki dra , Esquire
Attorney r Plaintiff
PA ID 24958
107 Boas Street
Harrisburg, Pa 17102
(717) 232-3755
Date: September 17, 2009
Fl LED-C) ;-+ IC"
OF THE PP I T--?
j
2009 SEP 21 P 2: 19
t?E.i ;l ?G "Nit,
R.F. FAGER CO.
Plaintiff
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-6113 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
PA.R.C.P. 236
I, John S. Kundrat, Esquire, hereby certify that the precise residence of Plaintiff is:
R.F. Fager Co.
2058 State Road
Camp Hill, PA 17011
And certify that the last known address of the within Defendant is:
Mike Fensterbush
t/d/b/a Evertight Roofing
216 Prowell Drive
Camp Hill, PA 17011
Respectfully submitted,
KUNDRAT &
By
John unarat, Esquire
Atto y for Plaintiff
PA ID 24958
107 Boas Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
Dated: September 17, 2009
C FILEL--,r?;-'FlGE t?
Of C pr -zj
2M SEP 21 P 2: 19
4TH,
R.F. FAGER CO. : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: No. 09-6113 Civil Term
V.
MIKE FENSTERBUSH t/d/b/a
EVERTIGHT ROOFING
Defendant : CIVIL ACTION - LAW
AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY
SERVICE, PURSUANT TO ASOLDIERS AND SAILORS@
CIVIL RELIEF ACT OF 1918, REACTED 1940
To: Prothonotary, Cumberland County
Before me, the undersigned authority, personally appeared John S. Kundrat who being duly sworn
according to law, deposes and says that Mike Fensterbush, t/d/b/a Evertight Roofing, Defendant, is not in
the Military or Naval Service, based on the following facts: Age of Defendant: unknown; Present place of
employment: Evertight Roofing; Address as of the date of this Affidavit: 216 Prowell Drive, Camp Hill,
PA, 17011.
Respectfully submitted,
KUNDRAT & ASSOCIATES
By
John S. at ( -
AM Plaintif
PA ID 24958
107 Boas Street
Harrisburg, Pa 17102
(717) 232-3755
Sworn and sscribed to be ore
me this day of 2009.
N
Notarial seal
Margaret S. KurxkK Notary Public
MY wW. Mkw Sept 9"
10
OF
FARY
2009 SEP 2 I PH 2: 2 0
P * a 'r a'_` ?S
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-6113 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R.F. FAGER CO., Plaintiff (s)
From MIKE FENSTERBUSH t/d/b/a EVERTIGHT ROOFING, 216 Prowell Street, Camp Hill,
PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell any personal property of
defendant.
(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 $2,915.22
L.L. $.50
Interest from 9/3/09 -- to be determined
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 9/21/09
(Seal)
A A
- 5L
C s R. Long, Pro
By:
Deputy
REQUESTING PARTY:
Name JOHN S. KUNDRAT, ESQUIRE
Address: KUNDRAT & ASSOCIATES
107 BOAS STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-232-3755
Supreme Court ID No. 24958
Sheriffs Office of Cumberland County
R Thomas Kline
r -
Y
TA
Sheriff i
ti?i4, pi11IN frt
Ronny R Anderson ??
a?? 2069 QC T 21
'
Chief Deputy LL
?
C
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor'
R. F. Fager Co Case Number
vs.
Evertight Roofing 2009-6113
SHERIFF'S RETURN OF SERVICE
10/20/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned
STAYED, per request from plaintiffs attorney.
SHERIFF COST: $65.28 ? / 61a3w9 ' SO ANSWERS,
October 20, 2009
R THOMAS KLINE, SHERI F
By
aron R. Lantz
G
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-6113 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R.F. FAGER CO., Plaintiff (s)
From MIKE FENSTERBUSH t/d/b/a EVERTIGHT ROOFING, 216 Prowell Street, Camp Hill,
PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell any personal property of
defendant .
(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 $2,915.22
L.L. $.50
Interest from 9/3/09 -- to be determined
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 9/21/09
(Seal)
REQUESTING PARTY:
Name JOHN S. KUNDRAT, ESQUIRE
Address: KUNDRAT & ASSOCIATES
107 BOAS STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-232-3755
Supreme Court ID No. 24958
C is R. Lon o
By:
Deputy