HomeMy WebLinkAbout10-4727
,c TN` 4'4Y
2010 JUL 19 N 2: 3
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates@pa.net
R.F. FAGER CO.
Plaintiff
V.
JAYSON E. HAMMOND
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:No. /tl - t/7P7 0/ vi ?
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter judgment in favor of Plaintiff and against Defendant Jayson E. Hammond, in
the amount of $1,267.16 together with interest compounded monthly at the rate of 1.5%, from
December 31, 2009, and legal fees plus costs to be determined.
)9d. #a7 a'?
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:
Jayson E. Hammond
623 E. Simpson St.
Mechanicsburg; PA 17055
Respectfully submitted,
KUNDRAT & ASSOCIATES
By.
JohyX Kundrat, Esquire
A rnev for Plaintiff
Dated: July 15, 2010
/ COMMONWEALTH of PENN VANIA NOTICE JUDGMENT/TRAN.SCRIPT
rniINTY O; CMMERI IVIL CASE
PLAINTIFF:
r- NAME and ADDRESS'
7
RF FAGER CO
2058 STATE ROAD o
CAMP HILL, PA 17 011(--
L
-
i. 1
VS '; 17
DEFENDANT:
P"E'and
AD f?SS
r?OND, JAYSON - -
L r
523 1Z 31MPSON' ST ?
ATTORNEY FOR PLAINTIFF MECHANICSBURG, PA 00'55 `
KUNDRAT & ASSOCIATES
JOHN S. KUNDRAT Docket No. CV-04001.30-10
107. BOAS STREET Date Filed: 3/05/10
HARRISBURG, PA 17102
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDC?NT PLTF (Date of Judgment) 6/11/10
Judgment was entered for: (Name) RF RAGER CO
'Judgment was entered against: (Name) HA1w WND, JAYSON E
in the amount of $ 1, 267.1
Amount of Judgment $ 835.73
F Defendants are jointly and severalty liable. Judgment Costs $ 115 . 5
Damages will be assessed on Date & Time Interest on Judgment $ 37.61
Attorney Fees $ 2711. 57
This case dismissed without prejudice. Total $ 1,267.16
F Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits
$ Post Judgment Costs $
Portion of Judgment for physical damages arising out of
residential lease $ 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.
6/111201Q Date Magisterial District Judge
certify that this is a true a rrect c py of a in containing the judgment;
7/13/10 Date , Magisterial District Judge
My commission expires first Monday of January, 2014 SEAL
AOPC 315-07
DATE PRINTED: 6/11/10- 1:31:00 PM
COMMONWEALTH OF PENNSY' VANIA
COUNTY OF: Cumberland
09-1-01
District Justice Name: Hon.
Charles A. Clement, Jr.
Address: Olde Towne Commons
400 Bridge Street, Suite 3
New Cumberland, PA 17070
Telephone: (717)774-5989
AMOUNT DATE PAID
FILING COSTS $
POSTAGE $
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $2` CIVi._ COMPLAINT
PLAINTIFF: NAME and ADDRESS
R. F. Fager Co.
2058 State Road
Camp Hill, PA 17011
VS.
DEFENDANT: NAME and ADDRESS
Penn Xcavating, Inc., and
Jayson E. Hammond, Individually
24 West Siddonsburg Road
L_ Dillsburg PA 17019 J
Docket No.: C1 V-/ P)n -/ D
Date Filed: . -5--/0
i
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for S 1.114.30 together with upon the following claim (Civil fines must include citation of the statute or ordinance violated): cats
For goods and services provided to Defendant by Plaintiff in the amount of $835.73 which, despite demand, remain
unpaid plus interest at the rate of 1.5% per month from the December 31, 2009, plus reasonable attorney's fees of
$278.57 (33% of $835.73, the delinquent amount originally turned over to Counsel) requested pursuant to the terms
and conditions of sale agreed to between the Parties and as set forth on invoices and/or statements provided to
Defendant.
I, John S. Kundrat. Esquire verify that the facts set forth in this.complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties ofction 4904 of t Crimes
Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities.
Plalntlfrs
Attorney: John S. Kundrat, Esquire
Address: 10f Boas Street
or
Telephone: (717)232-3755 Harrisburg, PA 17105
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to
assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the
date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 308A-03
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associatesnpa.net
R.F. FAGER CO.
Plaintiff
V.
JAYSON E. HAMMOND
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
?/Vl
No. 0- t/7? -7
CIVIL ACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
TO: Jayson E. Hammond
523 East Simpson St.
Mechanicsburg, PA 17055
You are hereby notified that on the following judgment has been
entered against you in Cumberland County for the above-captioned matter:
Judgment in the amount of $1,267.16 together with interest compounded monthly
at the rate of 1.5%, from December 31, 2009, and legal fees plus costs to be
determined.
Date: /? D
D)q
P othonotary
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:
Jayson E. Hammond
523 E. Simpson St.
Mechanicsburg, PA 17055
KUNDRAT & ASSOCIATES
By
M&nX. Kundrat, Esquire
A rney for Plaintiff
Dated: July 15, 2010
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associatesna?pa.net
R.F. FAGER CO.
Plaintiff
V.
JAYSON E. HAMMOND
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. /?J- V-727 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:
Jayson E. Hammond
623 E. Simpson St.
Mechanicsburg, PA 17055
Respectfully submitted,
KUNDRAT & ASSOCIATES
By
John . Kundr ire
Attorney for Plaintiff
Dated: July 15, 2010
lufii TSF COURT OF COM11xOl~t PLEAS OF CUMHERT..AND COL'1~1TY, P>wN'.~SYLVAI~FIA
CIVIL DFVISIOI4
PRASCIPE FOR WIt1T OP EXECUTION
Caption:
R.F. FAGER CO.
Plaintiff
v.
JAYSON E. HAMMOND
S~3 ~- SrMPson S+, Defendant
M~,~~~s6~~~, oA" ~~oss
TO THE PROTHOyOTARY OF THE
^ Confessed Judgment
. [,~ Other
File Na. 10-4727 -Civil
Amasnt Due 835.73
its:erest from 12/31 /09 - $90.26
Atty's Comm $278.57
: Costs
.AID COUNT:
The u~sdersipted >:eteby cr„rtitiea that the brMw door not arise out of a retail inatalizaent sale,
cosmraet, air account based on a confeasioss ofjudgment, but if it does, it is based on the apprapriabe origitra:
proceeding filed pursuant to act 7 of i 966 as amended; and for. real psnpesiy pursuant a ,Act 6 of.1974 as
amended.
Issue writ of execution in the about smatter to the Sheriirof Cumberland
County, for debt, iatereat and costa, upon the following dcacnbcc property of the def-ndant (e)
Jayson E. Hammond, personal property
PRA.]ZCIPE FOR ATTACNT EXECU`l YON
Issue writ of attachvsent to the Sheriff of County, for dear, iatereat
and costa. as above, directing sttacbrssent against the above-gamed, garnlahee(a) for the foIlowiu~g property
(if real estate, supply six copies of the cleseription; supply four topics of lengthy pessossalty list)
and aII other propesry of the defiessdaat(s) in the poase8aios:, cuawdy or cosstsol of the said garnishee{e).
^ (Indicate) Index this writ against the garnishee (s} as a lie perde~a a real a of
defeadant{s) describod in the attached exhibit.
J?at~c Signature:
m Prixxt NaQne: J S. Kundrat, Es .
~. _,_ ~ ~y .G 0 ~~ a-'~ ~~~~ 107 Boas St
~ f~ 3(,O.y Harrisburg, PA 17102
~ 2 ~ ayd ~g^,S Attaraey for. Plaintiff
"' Telephone: 717-232-3755
~:-~- ~ Supretxse Court ID No: 24958
v t~ so2:~/, t7 Q ~ ~ ~~/
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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. : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff .
No. 10-4727
v.
JAYSON E. HAMMOND
Defendant :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 & ASSQCIATES
By
J~tn undrat, Esquire
Att ey for Plaintiff
P 24958
107 Boas Street
Harrisburg, Pa 17102
(717) 232-3755
Date: July 27, 2010
R.F. FAGER CO. : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 10-4727
v.
JAYSON E. HAMMOND
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 Jayson E. Hammond, Defendant, is not in the Military or Naval
Service, based on the following facts: Age of Defendant: unknown; Present place of employment:
Unknown; Address as of the date of this Affidavit: 523 East Simpson Street, Mechanicsburg, PA, 17055.
Respectfully submitted,
KUNDRAT & ASSOCIATES
By
A rney for Plaintiff
P ID 24958
07 Boas Street
Harrisburg, Pa 17102
(717) 232-3755
Sworn and s~scribed to before
me this ~ day of 2010.
Tv\
No Public
CdYIMONWEALTH OF_PENNSYLVANUI
Notarial Seal
MarOanet S. Kundrat, Notary PubWc
tea,
Imy Corrrr~eeion ErgNres sap. 9, 2010
R.F. FAGER CO. : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff .
No. 10-4727
v.
JAYSON E. HAMMOND
Defendant :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 Street
Camp Hill, PA 17011
And certify that the last known address of the within Defendant is:
Jayson E. Hammond
523 East Simpson Street.
Mechanicsburg, PA 17055
Respectfully submitted,
KUNDRAT,~~SSOCIATES
By
Jo ~ S. Kundrat, Esquire
,A orney for Plaintiff
AID 24958
107 Boas Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
Dated: July 27, 2010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO10-4727 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 JAYSON E. HAMMOND, 523 EAST SIMPSON ST., MECHANICSBURG, PA17055
(1) You are directed to lery upon the property of the defendant (s)and to sell PERSONAL 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$853.73
Interest FROM 12/31/09 - $90.26
Atty's Comm %$278.57
Atty Paid $53.75
Plaintiff Paid
Date: August 13, 2010
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs
vid . Buel ,Prothonotary
By:
Deputy
REQUESTING PARTY:
Name John S. Kundrat, Esq.
Address: Kundrat & Associates, 107 Boas Street, Harrisburg, PA 17102
Attorney for: Plaintiff
Telephone: 717-232-3755
Supreme Court ID No. 24958
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R.F. FAGER CO. : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 10-4727
v.
JAYSON E. HAMMOND
Defendant :CIVIL ACTION -LAW
PRAECIPE TO WITHDRAW
TO: Prothonotary, Cumberland County
Kindly withdraw the Judgment in the above matter.
Respectfully submitted,
KUNDRAT &
By
TES
J . Kundrat
orney for Plaintiff
A ID 24958
107 Boas Street
Harrisburg, PA 17102
(717) 232-3755
Dated: August 30, 2010
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~~,,,,~tc of L:f~n~rr~'?orb
~II.~D-4~~.TARY
.~~ Pin ~ ~.n in
10 AUK 3 I AM 8~ 28
~~'~j{~i5'1f l.~A~HA ~
R.F. Fager Go. Case Number
vs. 2010-4727
Jayson E. Hammond
SHERIFF'S RETURN OF SERVICE
08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as STAYED. Defendant entered into bankruptcy.
SHERIFF COST: $51.39
August 27, 2010
SO ANSWERS,
~~~``.
RON R ANDERSON, SHERIFF
By
S aron R. Lan.
,s`~ ~ ~d
~~ ~~7~a
~ ~~~~~
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
rei GauntySuite Shenif, Telecso£t, Irc,