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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 ~ ~ ~~/ F d a-~ S s3 .7s Pd y ~,~,00 ~~ c. C, s, Sp Jac ~G 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 a ~ Z z G ~ )~ ~ ~~ W t w '"~ . 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,