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Home My WebLink About04-4329COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAIIPHIN MaB. Dist. No.~. 12-3-04 DJ Name'. Hon. DOMINIC PELINO Atltlfe$5 576 BAST MAIN STREET HIINII~~II+LSTOWN, PA Telephone: (717) 583-1912 17036 REAL SSTATS DATA SSRVICSS 2235 PACRARD CIRCLE ATTN: LYNN R. BARER HOMMSLSTOWN, PA 17036 ;~ THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASEntlnDDasss rRSAL ESTATE DATA SERVICES ~ 2235 PACRARD CIRCLE ATTN: LYNN R. BARER LHIiMMELSTOWN, PA 17036 J VS. DEFENDANT: NAME and nooaess rDSZAGOTTIS, JON ~ 909 ROBERT STREET MSCHANICSBDRG, PA 17055 L J DocketNo.: CV-0000197-04 Date Filed: 5/28/04 DSFADLT JODf-7dRNT PLTF Judgment was entered for: (Name) RRAT. RRTATR 7]ATA RRRVT[`RS Judgment was entered against: (Name) DR7.AGOTTIS, JON in the amount of $ g7q _ q~ on: (Date of Judgment) 6/2q/04 Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 804.42 Judgment Costs $ 70.50 Interest on Judgment $ .00 Attorney Fees $ • 00 Total $ 874.92 Post Judgment Credits $ -0- PostJudgment Costs $ Certified Judgment Total $ 874.97 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 PORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 SE ISSUED BY THE DISTRICT JUSTICE . 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 6/23/04 Date I certify that this is a true an 08-10-04 Date District Justice rd of the proceedings containing the judgment. My commission expires first Monday of January, ~10 . District Justice SEAL AOPC 375-03 DAIS PRINTED: 6/24/04 8:42:05 AM °r O ~u, a ~ ~ Z t" j ~~ N '~ $~ ~~ CC' ~~ ~o ~ IV ~~ N OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary (1~auntg of ~rxixpl~ixt Front & Market Streets Harrisburg, PA 17101 (717) 255-2697 CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY, PENNSYLVANIA ~5~~_ ~ Se~vin~ DISTRICT JUSTICE DOCKET NUMBER w-ooooiq~- ~y PLAINTIFF V. ~]~~ L~e2a.s~o~~ s DEFENDANT As of the date certified below, the following action has been taken on the above- referenced appeal: (~ There has been no appeal taken to the Court of Common Pleas () The following party has taken an appeal to the Court of Common Pleas: ! ' AUG 1 12QQ4 Date Stephen E. Farina, Prothonotary ~~ ~c~~Q~ By Deputy Proth. - 75 i i~ ~. ~~ o n~, ~_ L?r ~fT~ r C ~ n~ r- ~ o ~ ~! 4~ ~ N ~ ' ~ ~ a \ °~ ~ ~ 'r' i_ Z ftt ~ ~ ~ ~ ~ N ~ ~ ~7 ~ ~ v ~I 1 V. t z 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE Caption: REAL ESTATE 17ATA SCRvICES 223.5 ~'ACKn~,i~~ CIRCA vs. CIVIL DIVISION FOR WRIT OF EXECUTION ( )Confessed Judgment ( )Other File No. O~y3 29 Amount Due ~ 8 ~"~{ ~ 7 ~"O nl l7E~i} GO~ S Interest 9 09' ROB~2T STR~~ Atty's Comm r>1~c ~~N ~csauQ~ I ~~ l X55 Costs 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 ~~~~~~ County, for debt, interest and costs, upon the following described property of the defendant(s) t ~~on~ ~ ~- f~~~/ 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 i~n1the attached exhibit. /~ Date ~'2~" /~-1 Signature: ,V~ ~n1'~~J ~) Print Name: L ~V `{t\J. >gf~I~~~. Address: Z~~S f~~C>UQ~~ Ct~'(~ Attorney for: Telephone: N~,tmmEC.s-TZ7w~Jt pA ~~'a36 (~(~)s~~-9~9~ Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of pwnership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ ~ ~ ~ ° r G'n -a is _~ T" G "t S ~ . rL.t s'-! ~ r ~l ~ ~ (... N l~ ~l ~. ~'~ 1-~r: ~ 1 '~ K ~ W k~ w ~ ~ q C °` ~' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N004-4329 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REAL ESTATE DATA SERVICES 2235 PACKARD CIRCLE, ATTN LYNN R BAKER HUMMELSTOWN, PA 17036 Plaintiff (s) From JON DEZAGOTTIS 909 ROBERT STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy 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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 874.92 L.L. Interest Atty's Comm % Due Prothy $1.00 Arty Paid Plaintiff Paid $34.25 Date: AUGUST 27, 2004 (Seal) REQUESTING PARTY: Name LYNN R BAKER Other Costs CURTIS R. LONG Prothono/ta~ry /~ ~ 1 Deputy Address: 2235 PACKARD CIRCLE, HUMMELSTOWN, PA 17036 Attorney for: Telephone: (717)566-9099 Supreme Court ID No. REAL ESTATE DATA SERVICES, Plaintiff v. JON DEZAGOTTIS, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04 -4329 CIVIL ACTION DEFENDANT'S PETITION TO OPEN JUDGMENT 1. A judgment was entered against the Defendant in the Court of Common Pleas of Cumberland County on August 27, 2004. 2. The judgment was mailed to the Defendant at the address of 909 Robert Street, Mechanicsburg, PA 17055. 3. The judgment was not mailed to the proper address of the Defendant. The address the judgment was sent to was the address of the Defendant's father. 4. The Defendant never received a copy of the judgment entered against the Defendant in the Court of Common Pleas of Cumberland County or the judgment of District Justice Pelino. 5. The Defendant is requesting the Judgment be opened because he never was properly served with the Judgments. 6. This Petition to Open Judgment is being hied within thirty (30) days of the August 27, 2004 entry of judgment. WHEREFORE, the Defendant Jon Dezagottis respectfully request that the judgment be opened. Darrell C. Dethlefs, E q ire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 58805 REAL ESTATE DATA SERVICES, Plaintiff v. JON DEZAGOTTIS, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04 -4329 CIVIL ACTION CERTIFICATE OF SERVICE I, BRIAN K. ZELLNER, Esquire, do hereby certify that on this /~ ~" day of ~~-kw~ 2004, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Lynn Baker Real Estate Data Services 2235 Packard Circle Hummelstown, PA 17036 ~t C G! Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 REAL ESTATE DATA IN THE COURT OF COMMON PLEAS OF SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. JON DEZAGOTTIS, N0.04-4329 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 6`h day of October, 2004, upon consideration of Defendants' Petition To Open Judgment, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause wlay Defendant is not entitled to the relief requested; f this order; 2. Plaintiff shall file an answer to the petition within 21 days of the date o 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, December 13, 2004, at 9:30 p.m., in 3. The petition shall be decided under Pa. R.C.P. 206.7; Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. ~o ~~ gv THF, COURT, ~-i,' i iv... :, ~,.~ .`.(ll II ((~~ r i .., J I ,` r ~ . ._ __ .'~~J'1`--'~ COURT OF COMMON PLEAS OUNTY, PA TA SERVICES, CUMBERI-P`ND C REAL ESTATE DA .~ NO 04.4329 Plaintiff v. GOTTIS, ~, CIVIL ACTION JON DEZA Defendant ': ~ ainst the Defen Usti 27 ZOp4ourt of 1. A judgment was entber and County on Aucl Common Pleas of Cum 'ud ment was mailed t PAe ~ X55 dart at the address of 90 2, The I 9 echanicsburg, Robert Street, M 19gg unfit 2003. 3. This was the correct address for th atione~ ahetDefendant dnicsburg, 4, The Plaintiff has the signed apPl~c 219198, with the mailing address as 909 Rot~ert Street, Mec a pA, 17055, in the Defendant's handwriting• e Defendant subscribedn o the Real'Estate Data Services data as ' voices were; mailed to the same address 5. Th and all from 1999 until 2003, lication. that the Defendant provided on the app ies of two checks that the Defenda Theseed g, The Plaintiff also has cop a menu for subscription to the Plainti bank account w the 909 Robert as p Y re tinted on the checks. checks were written from th 17055'nPa P ,' Street, Mechanicsburg, PA which were the last two tion services. 7, The checks were dths Plainntiff forasu1bscrip I Service would payments received by ,the U.S• Posta g, If the Defendant moved after 711103, ve forwarded the Judgment to the Defendant at his curren~e t be ha en Judg uesting that the Petition to OP ment which was g. The Plaintiff is req denied becausa maiDefendant refused to claim the Jug • ed within sent by certrfie ment is being fd ''n Judg etition. 10. This Response to Petition to OP„ twenty one (21) days of the October fi, 2004 entry of p the Plaintiff Real Estate Data Services respectfully WHEREFORE, requests that the judgment be denied. Fyn R. wu,._. , Real state Data Services 2235 Packard Circ1e1703E Humm566 Wa09 A (717) REAL ESTATE DATA SERVICES, Plaintiff COURT OF COMMON PLEAS CUMBERILAND COUNTY, PA NO. 04 - 4329 v. JON DEZAGOTTIS, CIVIL ACTION Defendant GERTIFIGATE OF SFRVICIE I, LYNN R. BAKER, General Partner of Real Estate Data Services, do hereby certify that on this 27th day of October, 2004, I did serve a true and correct copy of the foregoing document on all council of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 Lyn?r.B ker, General Partner Real Estate Data Services 2235 Packard Circle Hummelstown, PA 17036 (717) 566 - 9099 n a o ~' c~ T < t ~'.~ .... Q .-1 y , . ' r~ i ~ r -..y 7~ t C; 1: ' ""7 ~-J ^ ,: C7 (: ~ t a i _ _ A7 REAL ESTATE DATA SERVICES, Plaintiff v. JON DEZAGOTTIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COi?NTY, PENNSYLVANIA CIVIL ACTION -LAW NO.04-4329 CIVIL Tf;RM IN RE: DEFENDANT'S PETITION TO OPEN JUDGMENT BEFORE OLER, J. ORDER OF COURT AND NOW, this 13~' day of December, 2004, upon consideration of Defendant's Petition To Open Judgment, and following oral argument held on December 13, 2004, the petition is denied. ~eal Estate Data Services c/o Lynn R. Baker 2235 Packard Circle Hummelstown, PA 17036 Plaintiff (,carrell C. Dethlefs, Esq. Brian K. Zellner, Esq. 3 805 Market Street P.O. Box 368 Camp Hill, PA 17001 Attorney for Defendant BY THE COURT, ~~ ~ ~~~ f 2-ly -0~ :rc ~. ,- ~ ; ~~ SS i ~ 4, ri~.~;~ ~-~Frx~ :i -, ~: or. I'.. - ~~~~_ ~ ~3'~ 67~ ... . R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. ., °'' U%„ U ;., ~> ~U ;. Sheriff s Costs: Docketing 18.00 Poundage 1.44 Advertising Law Library Prothonotary 1.00 Mileage 12.58 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL 73.02 Sworn and Subscribed to before me this ~'~ day of ~~hc,y`_ 2005 A.D. ~' f ,~ pr notary ,, ,~ _ .. y_i. .. a Advance Costs: 150.00 Sheriff's Costs: 73.02 76.98 Refunded to Atty on 05/03/05 . S ~~~. R. Thomas Kline, Sheriff By ~ ~2e_~~~~ s w ti f -,-. !~ y~ ~ c 3 ~a5 ;>itF VS In the Court of Common 'Pleas of // Cumberland County, Pennsylvania /~,,I ~j~~~ ~/~ /f ~ Judgment in favor of Plainliff on __ ~~ `~~ ~~ ---------------------------- for ~- -~, No.4!/_r[_ __ r/7~ - Term, 19___-__ ------------ Entered ----- - ---------- 19---- ----RG!7L-_~T~_~!l~a~!~__~~!l~_----------------___ Plaintiff in the above Judgm~~teyynt, do appear and aeknowledge~thatc~ ~ 2„1 /Q~ this day have had and received and from _______ ~L ~__ ~~~'~~ -Fd-`-.! _____________________________________________________ die defendant in the abocz Judgment, full payment and sail faction of the saute, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. G (~ And further, = do hereby authorize and empower_____ ~~~ `~---~-~--~~~/------------- ____________________ theProthonotary of said Court, to appear ____________________-_____________-_________-_ and in ~ name and~sjte"ad to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as ~-{-~ could were ~ personally present in person to do so. And for so doing this shall be your sufficient m~arrant of authority. In testimony whereof, have hereunto set our hands and seals this _____________________________________ day of --------------- --------------------~ A.D. 19--- State of Pennsylvatva 1 ----- ~~X'-~-~C+ County of Cumberland, J} (Seal) (Seal ) ~!4`t,~ _ Personally appeared before me, the subscriber, ____L~x~Il___ 2_'____QA~2..C ~Q'r ------- ~Q-~~_--~5 ~-~~2---- ~Da-~__ S4.s~ _G ~.ys -------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------------------------------------- the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be act and deed, and desird that d:o sarte shall be fIled of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this _______- ~~~__. day of ->•rn~.-Qcs~I~_IZGL_~~~:--------------------- A. D. lA_~~S seal ra! ~. manoney, Notary Pupnc den'M~p., Cumbedand County mmlsaion Expires Mar. 20, 2006 Pennaylvanis Asccls(b ~ of Notarie --- -1--------- ------ - ------------------- --- ~ Y - - -1!------ ---- (Seal) -~ n G C rn z o O O H ~° = z ~, .c r-~ C7 c.-o ~ C- `cn' 'R _ {.-~ o.. -{ 2 _ ~-~ ~nr ~~ '~; r-n ~(,- ~D C. .. CJ j ~r~ _ _~ .l ^.? A~ ~.,,