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HomeMy WebLinkAbout12-4788KINSLEY CONSTRUCTION, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. f 9 HERRE BROS., INC., r u' ' Defendant . NO. pc- ??o o -"- Ulf- ? -? z• -- Z T• _..,' 'C-) PRAECIPE FOR ENTRY OF JUDGMENT S': F F? .. To: Prothonotary Pursuant to the attached Certification of Docket Entries from York County, PA, you are directed to enter judgment in favor of Kinsley Construction, Inc. and against Herre Bros., Inc. in the amount of $154,233.43, together with costs and with interest from 03/23/12. Date. July J-7 , 2012 McNEES WALLACE & NURICK LLC B y Di ne M. Tok rsky I.D. No. 44369 Megan N. Dreisbach I.D. No. 201418 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff g 56 pA a 02(,k? Di S9 ?O?ia ?u?o 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 KINSLEY CONSTRUCTION INC Case No. 2012-SU-1262-89 Plaintiff Vs. HERRE BROS, INC. Defendant To Whom It May Concern: I certify that judgment was entered in favor of KINSLEY CONSTRUCTION INC and against HERRE BROS INC on the 25- r11 _ day of JUNE, 2012 in said case in the amount of $154,233.43. Total costs paid by plaintiff to the York County Courts equals $275.75. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 17 rH day of JULY, 2012. fn 2 Pamela S. Lee, Prot?ry My Commission expires.January 2, 2016 Depoty Clw YORK COUNTY PROTHONOTARY Page 1 of 1 7/17/2012 2012-SU-001262-89 KINSLEY CONSTRUCTION INC vs. HERRE BROS INC Action 06/25/2012 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 2 FILED MAILED TO DEFT 06/25/2012 JUDGMENT BY DEFAULT ENTERED AGAINST= DEFT 04083 49 $154,233.43 05/23/2012 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 2 FILED MAILED TO DEFT 05/23/2012 DEFAULT NOTICE RE: PA R C P 237.1 (DEFENSE) 04116 3 W/CERT OF SVC 05/23/2012 JUDGMENT BY DEFAULT ENTERED AGAINST= DEFT 04083 3 FOR FAILURE TO FILE AN ANSWER $ 0.00 04/20/2012 SHERIFF RETURN OF SERVICE COMPLAINT SERVED 04087 2 UPON HERRE BROS INC ON 4/4/12 BY DEPUTIZED SHERIFF OF CUMBERLAND COUNTY YORK COUNTY SHERIFFS COSTS 34.00 CUMBERLAND COUNTY SHERIFFS COSTS 35.95 03/23/2012 COMPLAINT IN A CIVIL ACTION IN THE AMT OF 04063 30 $157534.02 PLUS COSTS INTEREST AND ATTYS FEES Party Name Atty Name D- HERRE BROS INC P- KINSLEY CONSTRUCTION INC TOKARSKY, DIANE M Total Number of Pages 91 CERTIFIED from the records of the Cwjr1 Common Pleas of York C:;ourty, Penn5yl jania this day of , AN D. 1'.0 Pamela S. Lee. Prothonotary McNEES WALLACE & NURICK LLC o? Diane M. Tokarsky, Esquire I. D. No_ 44369 dtokarsky@mwn.com ?- Megan N. Dreisbach, Esquire I. D. No. 201418 mdreisbach@mwn.com rs) , 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attomeys for Plaintiff KINSLEY CONSTRUCTION, INC., Plaintiff V. HERRE BROS., INC., Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Docket No_ 2012-SU-1262-89 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT FOR A SUM CERTAIN TO THE PROTHONOTARY OF YORK COUNTY: Pursuant to Pa. R. Civ, P. No. 1037(b), please enter judgment on the sum certain amount of One Hundred Fifty-Four Thousand Two Hundred Thirty-Three Dollars and Forty-Three Cents ($154,233.43), plus interest on the principal amount due at the rate of six percent (6%) per annum, as of March 23, 2012, in favor of Plaintiff, Kinsley Construction, Inc., and against Defendant, Herre Bros., Inc., in the above-captioned action. An Affidavit in Support of the sum certain amount is attached hereto as Exhibit A. CEF T IF!ED from the r C??7?o»un Pleas of `r -? - i this 1 1 CIE!'/ of D, .10 t pameh S_ l_f?e_ :'? ??,ti?nr ary T + ? J I hereby certify that, on May 23, 2012, judgment was entered against Defendant, after its failure to file an Answer to Plaintiffs Complaint within twenty (20) days from the date of service of said Complaint, and within ten (10) days from the date of service of Plaintiff's Notice of Intention to Enter Default Judgment. 1 hereby certify that the last known address of Defendant, Herre Bros., Inc. is 4417 Valley Road, Enola, Pennsylvania 17026. McNEES WALLACE & NURICK LLC By " Diane M. Tokarsky, E?!%?fe/ I. D. No. 44369 Megan N. Dreisbach, Esquire I.D. No. 201418 100 Pine Street P.O, Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Plaintiff Date; June 22, 2012 I hereby certify that the name and address of the proper entity to receive this notice under Pa. R. Civ. P. 236 is: HERRE BROS., INC. 4417 Valley Road Enola, PA '17026 McNEES WALLACE & NURICK LLC By Diane M. Tok rsky I.D. No. 44369 Megan N. Dreisbach I.D. No. 201418 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Date: June 22, 2012 Attorneys for Plaintiff r lU McNEES WALLACE & NURICK LLC Diane M. Tokarsky, Esquire C I.D. No. 44369 D r a, Ln dokarsky@mwn.com Megan N. Dreisbach, Esquire !' - I.D. No. 201418 ? mdreisbach@mwn.com rv 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff KINSLEY CONSTRUCTION, INC:., Plaintiff V. HERRE BROS., INC., Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Docket No. 2012-SU-1262-89 CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO. HERRE BROS., INC., Defendant 4417 Valley Road Enola, PA 17026 You are hereby notified that on , 2012, Judgment in _ __ (Q' c) the amount of One Hundred Fifty.-Four Thousand Two Hundred Thirty-Three Dollars and Forty-Three Cents ($154,233.43), plus interest on the principal amount due at the rate of six percent (6%) per annum, as of March 23, 2012, was entered against you and in favor of the Plaintiff in the above-captioned case. DATE: Cc a 5-1 Q T, PROTHONOTARY 1 t: n Ali t KINSL_EY CONSTRUCTION RLAN© QQ COURT OF COMMON PLEAS Plaintil' pF:NNSYLVX.4? V14E BERLAND COUNTY, PENNSYLVANIA v. HERRE BROS., INC., ?? r' Defendant : NO. ,,Z -? CERTIFICATE OF RESIDENCE I certify that the address of Kinsley Construction, Inc. is 2700 Water Street, York, PA 17403, and that the last-known address of Herre Bros., Inc. is 4417 Valley Road, Enola, PA 17026. Date: -1d7?1 ?Mega . Dreis ach, sq. McNEES WALLACE & NURICK LLC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-4788 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KINSLEY CONSTRUCTION, INC. Plaintiff (s) From HERRE BROS., INC., 4417 VALLEY ROAD, ENOLA, PA 17026 (1)You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 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$154,233.43 L.L. $50 Interest AT 6% FROM 3/23/12 Atty's Comm % Due Prothy $2.25 Atty Paid $1.5.06 Other Costs $275.75 FROM YORK COUNTY Plaintiff Paid Date: AUGUST 3, 2012 uell, rothonotary (Seal) By: - Deputy REQUESTING PARTY: Name : MEGAN N. DREISBACH, ESQUIRE Address: MCNEES WALLACE & NURICK, LLC P.O. BOX 1166 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 201418 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYIIA W CIVIL DIVISION G? PRAECIPE FOR WRIT OF EXECUTION O Q KINSLEY CONSTRUCTION, INC. ? Confessed Judgment z' Cr Plaintiff ?? Other vs. File No. 12- (476 011vt HERRE BROS., INC. yytl V6t 1k4 Amount Due $154,233.43 Defendant Interest at 6% from 3/23/12 Address: tMaQ I pfl 1'7-oN Fulton Bank, 6520 Carlisle Pike, Mechanicsburg, PA 1 '70 50 TO THE PROTHONOTARY OF THE SAID COURT: PRAECIPE FOR ATTACHMENT EXECUTION 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) Issue writ of'att :chn_ent to the Sheriff of Cumberland 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) . A[tzch all property and serve Interrogatories upon Garnishee, Fulton Bank, 6529 Carlisle Pike, Mechanicsburg, PA. 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 est to of defendant(s) described in the attached exhibit. Date M6 a7. Ao ja- _ Signature: l S L46 F 33 So U `s a.s° a - 5.0 Atty's Comm Costs $ 275.75 from York Cou Print Name: ach, Esq. Address: McNees Wallace & Nurick LLC P.O. Box 1166, Harrisburg, PA 17108 Plaintiff 717-232-8000 ?f G7 `tea ry Supreme Court ID No: 201418 Attorney for: Telephone: tea. as -?" & 'k, So LL- k# P"7YS`f/ aP al I'l ooS Wra C4 Fir _155ali SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4~~~a~ ~t ~~c~nbr~,r~~#D ~, _~ .. ,Y j. ~i.>, ~?'.. QFFr~E ~FTh~,. a'~RIFf ffI ~t {f-I.Jii} ~...i. c. 4 ~(. ~~V ~~ 1 1 1 1~ G~M~C riL,~i C~ii~ i'~ PEPs~NSYLVA~4tt~ Kinsley Construction Inc. Case Number vs. 2012-4788 Herre Bros., Inc. SHERIFF'S RETURN OF SERVICE 08/08/2012 12:28 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1226 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mon es of the within named defendant, to wit: Herre Bros., Inc., in the hands, possession, or control of the wit in named garnishee, Fulton Bank, 6520 Carlisle Pike, Ste 600, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Jody L. Lewis, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the Conte is there of known to her. The writ of execution and notice to defendant was mailed on 08-13-12 to Herre Bros., Inc. at 4417 Vall y Road, Enola, PA 17025. SO ANSWERS, August 13, 2012 RON R 9NDERSON, SHERIFF iam Cline, Deputy Vic; CountySurfa Sheriff: Toleesoft, Inc.