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Home My WebLink About11-0212 Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff i. l,J '~ l ~ ~ e { it ~- ~ , ~ r (ice ~" '{ 4', I r, ivl;trER~.~~~ ~~~~ ;.r, aE1~'a~,`I`~_1~.~.~~~ ~.. CAPITOL DOOR AND HARDWARE COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: II- a~ldZ ~/1~ GATEWAY CONSTRUCTION, INC., Defendant CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly transfer judgment from the Court of Common Pleas of York County to the Court of Common Pleas of Cumberland County in favor of Plaintiff and against Defendant in the amount of $68,392.39 plus costs of $291.64. Attached please find the certified docket entries and a certification of the amount of the judgment. Date: ( ~ ~ ~~ ~ 1 Brian K . Zellner, Esquire Supreme Court ID #59262 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff ~~- ~~ ~ ~~ ~ d5~1 r ~~ y 2-~I~YUr ~~1~ ~~~ OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY TO: Gateway Construction, Inc. 5 Radam Street Summerdale, PA 17093 RE: CAPITOL DOOR & HARDWARE COMPANY, INC. Plaintiff v. GATEWAY CONSTRUCTION, INC. Defendant Notice is given that a Judgment in the above captioned matter has been entered against you on ~ ~ ~ I ~ ~ ~ Prothonotary of Cumberland County By: Clerk or eputy If you have any questions concerning the above case, please contact: Brian K. Zellner, Esquire Attorney or Filing Party 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 CAPITOL DOOR AND HARDWARE CO INC Case No. 2010 SU 002433-01 Plaintiff Vs. GATEWAY CONSTRtCTION INC Defendant To Whom It May Concern: I certify that judgment was entered in favor of CAPITOL DOOR AND HARDWARE CO INC and against GATEWAY CONSTRUCTION INC on the 16TH day of AUGUST, 2010 in said case in the amount of 68 392.39. Total costs paid by plaintiff to the York County Courts equals $291.64. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 5TH day of JANUARY, 201 1. By Deputy 1N THE COURT {~F COMMON PLEAS CAF YOR~C CdUNTY, P'ENNSYLV/~N~i4 CtV?L D1VtSlON Capitol Door and Hardware Company, Inc. v. ' Gateway Contruction, Inc. '. 2010-SU-002433-01 File No. PRAECiPE FOR JtlDGMENT Enter Judgment in favor of PlaintlfflDefendant.and against: Defendant for want of an answer ( x) Assess damages as follows: Debt ------- ----_-------..--__._ $_ _ 5 6 , 4 9 3.6 6 interest from _~.. ~ Attorney's Commission-------------- ~ 1 , 8 . TOTAL---- -----. ...._ ~ , o -a 0 G ~, ~ ~ ~ ~ ~' o o' q ~ ;~: ~r o N ~ .,,. .~ c,tt ( ) i certify that the foregoing' assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complain#. ( )Pursuant to Pa.R.C.P. 237 (Notice a#praecipe for final juttgmer~t or decree), l certify that a copy of .this praecipe has been mailed to each other party who has appeared in the action or to his/her Attomey of Aecorci. =I N 0 o~ 0 o , ~~ ~~ - .~ `~~ o-o _~ ~, ( X} Pursuant to Pa.R_C.P 237.1, I certify that written notice of the intan#ion #o file Zhis ~-' praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her ~`~ ~> ~ a Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing ° ~ <-~ of this praecipe and a copy of the notice is attached. ~ `.= ~`-' DATE: ~ 13 / ~ _ Signature: Print Name; Brian K. Zellner . Attorney for: Plaintiff Address: 2608 N. 3rd St., Hbg, PA 17110 telephone: (717 } 774-1357 a~s ~ 6 Supreme Court 1D No.: 59262 NOW, z~10 i9 ,,,_,, JUDGM T IS ENTERED AS ABOVE. . `7, ~r"` i'roth~notary/Clerk, Civil Division CAPITOL DOOR AND HARDWARE COMPANY, INC., Plaintiff v. GATEWAY CONSTRUCTION, INC., Defendant T0: Gateway Construction, Inc. 5 Radam Street Summerdaie, PA 17093 Date of Notice: August 3, 2010 IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA N0.2010-SU-002433-01 JURY TRIAL DEMANDED CIVIL ACTION -LAW IMPORTANT NOTICE r, 4 -o O ~G 9 Q .a O G ~ ~~ . O Q~ '~' q ~ -o o~ v N '~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE YORK~COUNTY BAR ASSOCIATION 137 East Market Street York, PA 17401 Telephone 717-854-8755 /~~ Brian K. Zellner, Esquire HYNUM LAW Supreme Court ID #59262 2608 N. Third Street Harrisburg, PA 17110 __. OFFICE OF THE PROTHONOTARY OF YORK COUNTY ~v ~ TO: Gateway Construction, Inc. ,,,. o p 5 Radam Street G " ~ Summerdale, PA 17093 p ~{ ~ ~ RE: CAPITOL DOOR & HARDWARE COMPANY, INC. - cz "° ~ Plaintiff ^°~` ~ ~' q~ N 7ti ~ ~ .C v. ~ ~ GATEWAY CONSTRUCTION, INC. Defendant Notice is given that a Judgment in the above captioned matter has been entered against you on AUb ~ & 2010 Prothonotary of York County Clerk or Deputy If you have any questions concerning the above case, please contact: Brian K. Zellner. Esquire Attorney or Filing Party 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 . , HYNUM LAW 2608 NORTH THIRD STREET HARRISBURG, PA 17110 PHONE (71717741357 FAX 17171774-0788 York County Courthouse York County Government Center Prothonotary's Office 45 N. George Street York, PA 17405 18 EAST KING STREET LANCASTER, PA 17602 August 13, 2010 IZE: Capital Door and Hardware Company v. Gateway Construction, Inc. Docket No. 2009-SU-002433-01 Dear Prothonotary: a ~ A O °~~ a~ ~ r 'O ~ ~ ~ .q ~ ~? ~y ~•• I~ M •I~-j cJ'- Enclosed please find an original and three copies of a Praecipe to enter judgment, 236 notices and notices of intention to be filed in regard to the above-captioned matter. Also enclosed please find a check for $23.25 to cover the filing fee, and two self-addressed, stamped envelopes, one of which is addressed to the defendant. Please file the original, time-stamp the copies, and return atime-stamped copy to our office in the self-addressed, stamped envelope provided. Thank you for your time and attention to this matter. Sincerely, BKZ Enclosures ~, ~..~- Bnan . Zellner bjl YORK COE/NTY PROTHONOTARY Page 1 of 1 1/5/2011 2010-SU-002433-01 CAPITOL DOOR AND HARDWARE COMPANY INC vs. GATEWAY CONSTRUCTION INC Action 08/16/2010 JUDGMENT BY DEFAULT ENTERED AGAINST= DEFT 04083 1 FOR WANT OF ANSWER $ 68,392.39 08/16/2010 DEFAULT NOTICE RE: PA R C P 237.1 (DEFENSE) 04116 3 W/CERT OF SVC 08/16/2010 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 2 FILED MAILED TO DEFT 06/23/2010 SHERIFF RETURN OF SERVICE COMPLAINT SERVED 04087 2 UPON GATEWAY CONSTRUCTION INC ON 5/27/10 BY A DEPUTIZED SHERIFF OF CUMBERLAND COUNTY YORK COUNTY SHERIFFS COSTS 36.80 CUMBERLAND COUNTY SHERIFFS COSTS 35.34 05/13/2010 COMPLAINT IN A CIVIL ACTION=IN THE AMT OF 04063 83 $56493.66 PLUS COSTS AND INTEREST Party Name Atty Name D- GATEWAY CONSTRUCTION INC P- CAPITOL DOOR AND HARDWARE C ZELLNER, BRIAN K Total Number of Pages 91 -~ 0 0 0 ~~ 0 U .,_ .~ o o ~~ o_ °~~ --o tiro QJ T o ~~ o~ `~' ~ J ~ C f./] W ~ La_ O ~ F- L~ ~ ~ ~ E w o ~ c> > ~ M ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION C o ? Confessed Judgment Capitol Door and Hardware, Inc, Plaintiff ?? Other -- vs. File No. 11-212 Gateway Construction, Inc. Defendant Address: 5 Radam Street Summerdale, PA 17093 Amount Due $68,392.39 Interest , ''s Comm N 0 Colts $291.64 TO THE PROTHONOTARY OF THE SAID COURT: 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All tools, construction equipment, computers, office equipment and furnishings. 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 (ti-if 11 Signature: 1. Print Name: Brian K. Zellner, Esquire ?a4.o? `t D a? ?a ql. L04 c61F S aet. oo Vl It 4u A 9-.:9b x 3 Z . 1? `D 0,l"i ga.t CD ja . SO LL- wy-?k c? k ?,sswe?l Address: 2608 N. Third Street Harrisburg, PA 17110 Attorney for: Plaintiff Telephone: (717) 774-1357 Supreme Court ID No: 59262 ? ?`a S3g?a C) '*1 rn "V rn ?O a-n zF C)m v 14 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-212 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITOL DOOR AND HARDWARE, INC. Plaintiff (s) From GATEWAY CONSTRUCTION, INC., 5 Radam Street, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell All tools, construction equipment, computers, office equipment and furnishings . (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 $68,392.39 Interest L.L. $.50 Atty's Comm % Atty Paid $347.14 Plaintiff Paid Date: 119/11 (Seat) REQUESTING; PARTY: Name BRIAN K. ZELLNER, ESQUIRE Address: HYNUM LAW 2608 NORTH 3" STREET HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-774-1357 Supreme Court ID No. 59262 Due Prothy $2.00 Other Costs : Atty Costs: $291.64 '21'leld Davi ue , Protho tary By: Deputy WRIT OF EXECUTION and/or ATTACHMENT V.0 ... ? COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-212 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITOL DOOR AND HARDWARE, INC. Plaintiff (s) From GATEWAY CONSTRUCTION, INC., 5 Radam Street, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell All tools, construction equipment, computers, office equipment and furnishings . (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 $68,392.39 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $347.14 Other Costs : Plaintiff Paid Atty Costs: $291.64 Date: 1/19/11 Dav . Buell, Proth notary (Seal) By: Deputy REQUESTING PARTY: Name BRIAN K. ZELLNER, ESQUIRE Address: HYNUM LAW -RUE CO" FROM RECORD in T46Wi0ny wtsxsA I h" wo so my hWW 2608 NORTH 3RD STREET VW to sw al said naud IRtaMllew+ Pa. I now -.ddll ?O.L TM HARRISBURG, PA 17110 ? Attorney for: PLAINTIFF Telephone: 717-774-1357 Supreme Court ID No. 59262 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t'r' Jody S Smith o Chief Deputy 26 AM 8: Richard W Stewart L ,U :.p Solicitor CUMBERLAND ) P E N N S Y L '4''A N, I A Capitol Door & Hardware Company, Inc. Case Number vs. Gateway Construction, Inc. 2011-212 SHERIFF'S RETURN OF SERVICE 02/07/2011 12:39 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2011 at 1235 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Gateway Construction, Inc., by making known unto Dot Staudt, Office Manager, at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 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 completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on February 8, 2011. 03/01/2011 Sheriffs sale scheduled for Thursday, March 17, 2011 at 3:00 p.m. 03/02/2011 06:20 PM - Sale bill posted on March 2, 2011 at 1820 hours by Deputy Michael Barrick. Sale date set for Thursday, March 17, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Zellner. 03/16/2011 Property sale postponed per request of plaintiffs attorney. 03/25/2011 Property sale rescheduled for Thursday, April 28, 2011 at 3:00 p.m. 04/01/2011 02:05 PM - Sale bill posted on April 1, 2011 at 1400 hours by Deputy Black. Sale date set for Thursday, April 28, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Zellner. 04/28/2011 On this date fax was received from Brian Zellner to postpone the sale generally. 01/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $162.75 SO ANSWERS, January 25, 2012 RON R ANDERSON, SHERIFF ,c) 10, CountySulte Shenfl. T&e0sotl. Inr,.