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Home My WebLink About09-7602COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 C4 - 0710CQ, n I,i ( TE.rm NOTICE CIF JUDGMENT/TRANSCRIPT CIVIL, CASE PLAINTIF - NAME anc ADDRESS rTOMASETT7t, DAVID/CHARLOTTE 1308 NORWAY MAPLE COURT LNEW CUMAERLAND, PA 17070-2222 J VS. DEFENDANT: NAME and ADDRESS rWAGNRRS ROOFING/HEAL WAGNER 7 517 PARE AVE NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000408-09 Date Filed: 8/24/09 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 DAVID/CHARLOTTE TOMASETTI 1308 NORWAY MAPLE COURT NEW CUMBERLAND, PA 17070-2222 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 9/24/09 ® Judgment was entered for: (Name) TOM<ASETTI, DAVID/CHARLOTTE ® Judgment was entered against: (Name) WAGNERS ROOFING/NEAL WAGNER in the amount of $ 1, 496.5 ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time F]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 $ 1,400.00 Judgment Costs $_?? Interest on Judgment $ Attorney Fees $ • Total $ 1,496.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 311111 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 JUDGMENTlrRANSCRIPT 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. SEP 2 4 2W' Date ,Magisterial District Judge I certify that this is a true c rrect c py of the c r of th s co taining the judgment. CT 2 6 2009 Date < gisterial District Judge My commission expires first Monday of January, 2014 SEAL AOPC 315-07 DATE PRINTED: 9/24/09 12:01:00 PM FILED-forFiCE OF THE F,._ OTI-10N., RY 2009 NOV -4 AM 10: 16 C????? =JqUi?1TY a i a J (?a r? ? d!i°? 4 A 7. as Pn PLFF eASrt -ik R3a -R4Q r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment ?"?9SETri? AAvsD?ciS/?4??a7TE ?Other File No. DQ - 7160A v i ( Term ?S wAGWCA s ,(oaftn/G?,V6A? WAS-Wfg 677 PARK AvtAlu Amount Due 3'O Interest : Atty's Comm N6-41 evert 664A if N D ., P11 / 70 7 D : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersiped 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 W 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 e4e'W !! ,ER j d Mlb County, for debt, interest and costs, upon the following described property of the defendant (s) AiUTy4?l D ?c} ? t? p R.o 1? ?t rP T??/ 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 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 a a o 5' Signature: Print Nam: OAvs A R . T'oMwsB rrr Address: 13 08 N0 ,f w a / IWI PA f e.T. &W cuwu 6FitWI14&-_& /707 c Attorney for. Telephone: 717- 7 ;?y - 40S// Supreme Court ID No: v RLEa--t I=rICE OF RT P--j iONOTARY 2009 NOV -4 AK 10: 20 cum i:NTY $ 414. oo P A PLFF a'7. 615 GC BF $ 51 . a5 - Pb PI.FF $a.oo bma cWs t+ er*-a3ag49 ? )ri+op &. -c ( WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7602 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DAVID & CHARLOTTE TOMASETTI, Plaintiff (s) From WAGNERS ROOFING/NEAL WAGNER, 517 Park Avenue, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property . (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 $1,496.50 Interest Atty's Comm % Atty Paid Plaintiff Paid $51.25 Date: 11/4/09 (Seal) L.L. Due Prothy $2.00 Other Costs lieputy REQUESTING PARTY: Name DAVID R. TOMASETTI Address: 1308 NORWAY MAPLE COURT NEW CUMBERLAND, PA 17070 Attorney for: Telephone: 717-774-0511 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~;,~1 `- ,;~ ~~~,~~,~ rt 4¢trtt~r~.~,f~~~ ~~ T' ~ ~ ,, iR~Y Jody S Smith Chief Deputy 2~ f ~ ~~AY ? B ~~~ 2~c ~ Edward L Schorpp Solicitor c~~r;c~ ~F ``` ="e~~Fr r :~ C.,~~: _ . David/Charlotte Tomasetti Case Number vs. Wagner's Roofing (et al.) 2009-7602 SHERIFF'S RETURN OF SERVICE 11/09/2009 Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2009 at 1600 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Wagner's Roofing/Neal Wagner, by making known unto Kim Wagner, Adult in Charge, at 517 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed, as there is currently an open levy in this office. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on 11-10-09. 11/09/2009 04:00 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2009 at 1600 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Wagner's Roofing/Neat Wagner, by making known unto Kim Wagner, Adult in Charge, at 517 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed, as there is currently an open levy in this office. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on 11-10-09. 03/12/2010 04:57 PM -Sale bill posted on 03-12-10 at 1639 hours by Deputy Worthington. Sale date set for Wedsday, 04-28-10 at 1500 hours. Copy of sale bill mailed to plaintiff David Tomasetti. 03/12/2010 04:57 PM -Sale bill posted on 03-12-10 at 1639 hours by Deputy Worthington. Sale date set for Wedsday, 04-28-10 at 1500 hours. Copy of sale bill mailed to plaintiff David Tomasetti. 04/28/2010 On Wednesday, April 28, 2010, at 0940 hours, a property claim was filed by Kimberly A. Wagner. All parties notified by mail this date. 05/07/2010 Reference is made to Property Claim dated April 28, 2010, entered by Kim Wagner, Writ of Execution No. 2009-7602 Civil Term, David and Charlotte Tomasetti vs Wagners Roofing c/o Neal Wagner. Ronny R. Anderson, Sheriff, has determined that the claimant, Kim Wagner, in the above mentioned property claim, is the owner of the property set forth in the claim. 05/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c). SHERIFF COST: $1 1 2.61 SO ANSWERS, May 18, 2010 RON R ANDERSON, SHERIFF gy Sharon R. Lantz / c,~.> .~.~ ~,~ . CfiC~ , '-# 7~ ~~~f ~~ Ccuni, Suite Sheriff. TeieosoR, Ins. ~• ~- (1~ J k~ ~~~/~ ~.~~~