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HomeMy WebLinkAbout12-4831KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com Attorney for Plaintiff SHARPSVILLE, DIVISION OF DEAN FOODS 1690 Oneida Lane Sharpsville, PA 16150 V. THE BUCK STOP CALIFORNIA PA 2011, INC. t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE 335 Equus Drive Camp Hill, PA 17011 PRAECIPE TO THE PROTHONOTARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. In d-qg3i Kindly enter the judgment in favor of SHARPSVILLE, DIVISION OF DEAN FOODS and against THE BUCK STOP CALIFORNIA PA 2011, INC. t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE in the amount of $1,887.17 in Court of Common Pleas of CUMBERLAND COUNTY, PA in the above matter upon payment of your costs only. Dated: July 30, 2012 R0TH0 N OTA 12 Al G - 2 P; 2' 4 4 L .1 ^?1MOERLAND COUNTY PENNSYLVANIA BY: Robert E. Cherwony, Esquire Attorney for Plaintiff * %1 ash A COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 Robert E. Cherwony, Esq. Kraft & Kraft PC 1311 Spruce St Philadelphia, PA 19107-5694 Disposition Summary Docket No Plaintiff MJ-091 01 -CV-00001 48-2012 Sharpsville, Division of Dean Foods MJ-09101-CV-0000148-2012 Sharpsville, Division of Dean Foods Judgment Summary Sharpsville, Division of Dean Foods V. Scott Luedtke d/b/a The Buck Stop Shops, The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops Defendant The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops Scott Luedtke d/b/a The Buck Stop Shops Docket No: MJ-09101-CV-0000148-2012 Case Filed: 4/4/2012 Disposition Disoosition Date Default Judgment for Plaintiff 06/22/2012 Default Judgment for Plaintiff 06/22/2012 Participant Joint/S everal Liability Individu al Liability Amount Scott Luedtke d/b/a The Buck Stop Shops $0.00 $1,887.17 $1,887.17 Sharpsville, Division of Dean Foods $0.00 $0.00 $0.00 The Buck Stop California PA 2011, LLC t/a $0.00 $1,887.17 $1,887.17 The Buck Stop Shops Judgment Detail (*PostJudgment) In the matter of Sharpsville, Division of Dean Foods vs. The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops on 6/22/2012 the judgment was awarded as follows: Judgment Component Joint/S everal Liabilily Individu al Liability Deposit Applied Amount Civil Judgment $0.00 $1,325.53 $1,325.53 Costs $0.00 $133.10 $133.10 Attorney Fees $0.00 $331.38 $331.38 Interest $0.00 $97.16 $97.16 Grand Total: $1,887.17 In the matter of Sharpsville, Division of Dean Foods vs. Scott Luedtke d/b/a The Buck Stop Shops on 6/22/2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individu al Liability Deposit Applied Am n Civil Judgment $0.00 $1,325.53 $1,325.53 Attorney Fees $0.00 $331.38 $331.38 Costs $0.00 $133.10 $133.10 Interest $0.00 $97.16 $97.16 Grand Total: $1,887.17 MDJS 315 Page 1 of 3 Printed: 07/26/2012 10:05:54AM Sharpsville, Division of Dean Foods V. Scott Luedtke d/b/a The Buck Stop Shops, The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops Participant List Private(s) Robert E. Cherwony, Esq. Kraft & Kraft PC 1311 Spruce St Philadelphia, PA 19107-5694 Plaintiff(s) Sharpsville, Division of Dean Foods c/o Kraft & Kraft, P.C. 1311 Spruce Street Phildelphia, PA 19107 Defendant(s) Scott Luedtke d/b/a The Buck Stop Shops 138 Broadstone Drive Mars, PA 16046 The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops 138 Broadstone Drive Mars, PA 16046 Docket No.: MJ-09101-CV-0000148-2012 MDJS 315 Page 3 of 3 Printed: 07/26/2012 10:08:10AM Sharpsville, Division of Dean Foods v. Scott Luedtke d/b/a The Buck Stop Shops, The Buck Stop California PA 2011, LLC t/a The Buck Stop Shops Docket No.: MJ-09101-CV-0000148-2012 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT 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. 6/22/2012 C( . ? Date Magisterial District Judge Charles A. Clement Jr t,W ?(nr? certify that this is a true an correct copy o the record of the proceedings containing the judgment. 7/26/2012 Naj 6. Date Magisterial District Judge i= -ax M Z .t m ' U) t J C n - r- x --tr CD c -t, :x `n -c CD DS N or* MDJS 315 Page 2 of 3 Printed: 07/26/2012 10:05:54AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CnmhPrland 09-1-01 MDJ Name, Hon. Charles A. Clement, Jr. 920 Linda Lane Address: Camp Hill, PA 17011 717-737-3434 Telephone: ( CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS F- SHARPSVILLE, DIVISION OF DEAN FOODS c/o Kraft & Kraft, P.C. 1311 Spruce Street ?-- Philadelphia, PA 19J 07 -? DEFENDANT: NAME and ADDRESS THE BUCK STOP CALIFORNIA PA 2011, LLC t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE 3 3 5 Equus Drive Camp Hill- PA 17011 DocketNo.: CV-0000148-12 Date Filed: 4/04/12 AMOUNT DATE PAID FILING COSTS $ 87 . 50 4/ 04 / 12 POSTAGE $ 10.30 4/ 04 / 12 Social security numbers and financial information SERVICE COSTS $ l l (e.g. PINS) should not be listed. If the identity of an CONSTABLE ED. $ account number must be established, list only the TOTAL $ 97.80 4/ 04 / 12 last four digits. 204 Pa. Code §§ 213.1- 213.7. Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for S 1, /J4.U / together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): On the dates mentioned, of the kind and price, and in the amounts set forth in the documentation attached hereto, and made part hereof, which is a copy of the books of original entry of the plaintiff, the defendant(s) purchased the merchandise and services set forth or referred to therein, and agreed to pay therefore, The said merchandise and services set forth in the documentation were ordered at specific instance and request of the defendant(s) to whom the same were delivered, and who received the same without complaint. The prices charged are the fair, reasonable, just and market prices of the merchandise and services set forth, and are the prices which the defendant(s) agreed to pay therefore. Wherefore, plaintiff claims of the defendant(s) the sum of $1,325.53, plus interest in the amount of $97.16, plus attorney's fees in the amount of $331.38, for a total of $1,754.07 plus court costs, all of which are justly due and owing from the defendant(s) to the plaintiff. Robert E. Cherwony, Esquire 1, 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 penal ies of Secti n 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. J? (Signstu of Plaintiff or Authorized Agent) The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1. 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 magisterial district judge 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-11 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com Attorney for Plaintiff SHARPSVILLE, DIVISION OF DEAN FOODS COURT OF COMMON PLEAS 1690 Oneida Lane OF CUMBERLAND COUNTY, PA Sharpsville, PA 16150 V. CIVIL ACTION AT LAW THE BUCK STOP CALIFORNIA PA 2011, INC. t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE 335 Equus Drive Camp Hill, PA 17011 NO /? 11r3l G'L" CERTIFICATION OF ADDRESSES I certify the address of the plaintiff is 1690 Oneida Lane, Sharpsville, PA 16150; and the address of defendant(s) is 335 Equus Drive, Camp Hill, PA 17011. Date: July 30, 2012 KRAFT & KRAFT, P.C. Robert E. Cherwony, Esquire Attorney for Plaintiff KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com SHARPSVILLE, DIVISION OF DEAN FOODS 1690 Oneida Lane Sharpsville, PA 16150 V. THE BUCK STOP CALIFORNIA PA 2011, INC. t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE 335 Equus Drive Camp Hill, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. VERIFICATION OF NON-MILITARY SERVICE The undersigned deposes and says that he is the attorney for the plaintiff in the above entitled matter; that he has made an investigation and knows of his own personal knowledge that the above mentioned defendant(s) are not engaged directly or indirectly in the Military or Navel Service of The United States of America as defined in the Soldiers' and Sailors' Civil Relief Act and its Amendments, but are over twenty-one years of age. Defendant(s) presently resides at 335 Equus Drive, Camp Hill, PA 17011. This statement is made subject to the penalties of the Pennsylvania Crimes Code, 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: July 30, 2012 Robert E. Cherwony, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW SHARPSVILLE. DIVISION OF DEAN FOODS, Plaintiff vs. J NO. )? - qF?/ vi I THE BUCK STOP CALIFORNIA PA 2011, INC t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE Defendant Notice is given that an Order to enter Judgment in the above-captioned matter has been entered against you on a '2012. PROTHONOT Y: BY: If you have any questions concerning the above, please contact: KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N012-4831 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHARPSVILLE, DIVISION OF DEAN FOODS Plaintiff (s) From THE BUCK STOP CALIFORNIA PA 2011, INC. T/A THE BUCK STOP SHOPS AND SCOTT LUEDTKE, 335 EQUUS DRIVE, CAMP HILL, PA 17011 (1)You are directed to levy upon the property of the defendant (s)and to sell LEVY AND SELL ANY AND ALL PERSONAL PROPERTY AT THE BUCK STOP CALIFORNIA PA 2011, INC. T/A THE BUCK STOP SHOPS AND SCOTT LUEDTKE, 335 EQUUS DRIVE, CAMP HILL, PA 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 CITIZENS BANK, 665 N. EAST STREET, CARLISLE, PA 17013 METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 WELLS FARGO BANK, 604 E. HIGH STREET, CARLISLE, PA 17013 CHECKING ACCOUNT, SAVINGS ACCOUNT, SAFE DEPOSIT BOX, OR ANY OTHER PERSONALTY OR REALTY WHICH MAY BE IN THE POSSESSION OF THE GARNISHEE BELONGING TO DEFENDANT 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$1,887.17 Interest 8/2/12 - 6% Atty's Comm Atty Paid $62.75 Plaintiff Paid Date: SEPTEMBER 4, 2012 L.L. $.50 Due Prothy $2.25 Other Costs vid uell, Prothon tary (Seal) By: Deputy REQUESTII`'G PARTY: Name :ROBERT E. CHERWONY, ESQUIRE Address: KRAFT AND KRAFT, P.C. 1311 SPRUCE STREET PHILADELPHIA, PA 19107 Attorney for: PLAINTIFF Telephone: 215-546-5100 Supreme Court ID No. 17623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION SHARPSVILLE, DIVISION OF DEAN FOODS ( )Confessed Judgment 4- vs. ( )Other ~ ~, j~,:~ °~ :~ f'-'i C'r`t THE BUCK STOP CALIFORNIA PA 2011, INC. ~~ ~ ~`~`-~'. t/a THE BUCK STOP SHOPS and SCOTT LUEDTKE NO. 12-4831-Civil ~~ Defendant, and l~TRO BANK, ~~ -v ~,~' CITIZENS BANK PNC BANK and Amount Due $1,887.17 ~~ ~~---. WELLS FARGO BANK, NA, Garnishees v~ ~ ~~'` Interest 8/2/12 - 6% --~ ~' ~'~ • Atty's Comm "~ ca ~ Costs TO THE PROTHONOTARYOF THE SAID COURT: The undersigned hereby certifies that the below does not arise installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate opriginal proceeding filed pursuant toAct 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) To levy and sell any and all uersonal property at: THE BUCK STOP CALIFORNIA PA 2011, INC. tla THE BUCK STOP SHOPS and SCOTT LUEDTKE 335 Equus Drive Camp Hill. PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment 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 ao~ies of lengthy personalty list) Checking account,. savings account, safe deposit box, or any other personalty or realty which may be in the possession of the garnishee belonging to the Defendant. 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 pend ns against real estate of the defendant(s) described in the attached exhibit>, ~e: August 30, 2012 Signature: ~~~~ ~° °~ It N-_ a. ~S ~ a~ ~~ Print Name: Robert E. Cherwony, Esquire Address: 1311 Spruce Street Philadelphia, PA 19107 215-546-5100 ~a ~S '~ Attorney for Plaintiff ~ , SatL. Attorney ID NO. 17623 C [~..~a~~ ~f ~ ~~a~r4 S wn~ eF ~u ~Sr~ d 0 N '~ d w Q-' ~ O Q~ wa^ Z O`x `~ ~ °~' a H a Z '~ ~ ~ a O ~ a^ ~ a ~ `~ `~ ~, zz w ~ ~ d ~ SOU ~ ~ A aU~ ° :~' ~.~~ ~ ;~ ~~' ~~~ ~ ~ ~ O ~o Oz O U a`r' ~pgA'~d ~d° ~~° C7r~~ ~S ~~ ~...~ wd H ~, ~p ~wwAw pqd ~`~d ~.~d ~~d - U o0 E...w d r;, ~'w A~ ~~ d~~; Ww~; ~x~; o~~ w~,o ~~ ~ ~ ~z ~~~w ~, asz ~ ~~ ~ aw ~ ~~ ~ ~ ~~ UOU U Z rxA >F~~~M ~ fa°~ c~'U~U ~~~V ~ ~U c.GdN SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson F ILQ-O Ff CE ,ody 8 Smith O THE PROTHONOT,40W. Chief Deputy ( t ; Richard W Stewart Solicitor F l c eal CUM8ERLAND COUNTY PENNSYLVANIA Sharpsville division of Dean Foods Case Number VS. 2012-4831 The Buck Stop California PA 2011, Inc. T/A The Buck Stop Shops(et al.) SHERIFF'S RETURN OF SERVICE 09/17/2012 03:00 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17,2012 at 1500 hours, attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendants,to wit:The Buck Stop California PA 2011, Inc.T/A The Buck Stop Shops and Scott Luedtke, in the hands, possession, or control of the within named garnishee, Citizens Bank,665 North East Street, Carlisle, Cumberland County, Pennsylvania,by handing to Janine Sheaffer,Senior Teller, personally three copies ofinterrogatodes together with three true and attested copies of the writ of execution and made the cont*ts there of known to her. The writ of execution and notice to defendants was mailed on September 18,2012 to The Buck Stop California PA 2011, Inc.t/a The Buck Stop Shops, at 335 Equus Drive, lamp Hill, PA 17011 and to Scott Luedtke at 355 Equus Drive, Camp Hill,.PA 17011. 09/17/2012 03:11 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17,2012 at 1511 hours, attached as herein commanded all goods,chattels, rights,debts, credits, and monies of the within named defendants, to wit: The Buck Stop California PA 2011, Inc.T/A The Buck Stop Shops and Scott Luedtke, in the hands,possession,or control of the within named garnishee, Wells Fargo Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Ashley Still, Customer Sales&Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 09/17/2012 03:40 PM-Wiliam Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17, 2012 at 1536 hours, attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendants,to wit:The Buck Stop California PA 2011, Inc.T/A The Buds Stop Shops and Scott Luedtke, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Susan Casale,Teller, personally-three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 09/17/2012 03:45 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17,2012 at 1543 hours, attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendants,to wit:The Buck Stop California PA 2011, Inc.T/A The Buck Stop Shops and Scott Luedtke, in the hands, possession, or control of the within named garnishee, Metro Bank,20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Audrey Bistline,Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/15/2013 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: $267.37 SO ANSWERS, March 15,2013 �D �1' WON R ANDERSON, SHERIFF (c)CountySuite ShenA,Teleosoft,Inc.