HomeMy WebLinkAbout12-6117Jeffrey S. Wilson, Esquire
I.D. #50503
P.O. Box 42321
Philadelphia, PA 19101-2321
610-543-0434
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~~,~~ iC'~LAND COUNTY Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW ~U t
DACO LIMITED PARTNERSHIP NO. I a' ~0~~1
vs.
DAVID TRACY DESIGN INC.
PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT
AND ASSESS DAMAGES
TO THE PROTHONOTARY:
Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.Cons.
Stat. Sec. 4306, kindly file and index the attached exemplified and certified copies of the
docket entries and the judgment entered in favor of Plaintiff, DACO LIMITED
PARTNERSHIP and against Defendant, DAVID TRACY DESIGN INC. in the total sum
of $7,170.97 in the Superior Court of New Jersey, in an action captioned DACO
LIMITED PARTNERSHIP v. DAVID TRACY DESIGN INC., No. DC-1260-12, DJ-
133430-12, and assess damages in favor of Plaintiff, DACO LIMITED PARTNERSHIP,
and against Defendant, DAVID TRACY DESIGN INC., as follows:
Amount of Foreign Judgment $7,170.97
Interest 5/12-9/12 143.42
Total: $7,314.39 plus court costs
ttorn for Plaintiff
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DACO LIMITED PARTNERSHIP NO.
vs.
DAVID TRACY DESIGN INC.
AFFIDAVIT OF VAILIDTY
Jeffrey S. Wilson, Esquire being duly sworn according to law, deposes and says
that he is the attorney for Plaintiff, DACO LIMITED PARTNERSHIP, is authorized to
make this affidavit on its behalf; and that to the best of his knowledge, information and
belief:
1. The name of the judgment Debtor is DAVID TRACY DESIGN INC.;
2. The last known post office address of the judgment Debtor is 5020 Ritter
Road, Suite 1, Mechanicsburg, PA 17055;
3. The name of the judgment creditor is DACO LIMITED PARTNERSHIP;
4. The last known post office address of the judgment Creditor 300 Myrtle
Avenue, Boonton, NJ 07005;
5. The judgment in favor of Plaintiff, DACO LIMITED PARTNERSHIP and against
Defendant, DAVID TRACY DESIGN, INC., entered in the total sum of $7,170.97 in the
Superior Court of New Jersey, is valid, enforceable, and unsatisfied as of this date.
Sworn to and subscribed
before e t is~t7 day of
12. BY:
tt rney Plaintiff
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MHISER PENNMYANM
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S~TPERIOR COURT OF NEW JERSEY
I, JENNIFER M. PEREZ, Clerk, Superior Court Clerk's
Office, the same being a Court of Record, do hereby certify that
the foregoing CERTIFICATION OF STATEWIDE
JUDGMENT LIEN is a true record of the judgment filed and
recorded as a lien June 27, 2012 in the cause wherein DACO
LIMITED PARTNERSHIP is the Plaintiff; and DAVID
TRACY DESIGN INC. is the Defendant, now on file in my
office.
IN TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of Said
Court, at Trenton, this 26th day of July, Two Thousand and Twelve.
Cler
I, PHILIP S. CARCHMAN, Judge of the Superior Court of New Jersey, do hereby
certify that Jennifer M. Perez, whose name is subscribed to the above certificate, was, at that date
thereof, and now is, the Clerk, Superior Court Clerk's Office, that the foregoing attestation is in
proper form, that the seal thereto annexed is the seal of said. court, and that the signature of the
said Jennifer M. Perez, is in her own proper handwriting..
WITNESS my hand at the City of Trenton, this 26th day of July,
Two Thousand and Twelve.
Judge
NOTE--This certificate is made pursuant to an act of Congress
(Title 28 U.S. Code, Sec. 1738 effective September 1, 1948)
' FAGS 001 OF 001
SUPERIOR COURT OF NEW JERSEY
CIVIL JUDGMENT AND ORDER DOCKET
DACO LIMITED PARTNER
(PLAINTIFF(S))
VS
DAVID TRACY DESIGN I NC
(DEFENDANT(S))
PROCESSING VENUE: MORRIS
DOCKET NO. MRS DC-001260-12
JUDGMENT N0. DJ-133430-12
DEBT N0. 001 OF 001
CERTIFICATION OF STATEWIDE JUDGMENT LIEN
---------------------------------------------------------------------------------------------
IN FAVOR OF: AGAINST:
DACO LIMITED PARTNERSHIP DAVID TRACY DESIGN INC
5020 RITTER ROAD
CREDITOR CONTACT: SUITE 101
MITNICK & MALZBERG MECHANICSBURG, PA 17055
908-996-3716
JUDGMENT AMOUNT(*) $6,412.70 DATE OF JUDGMENT ENTRY: 05/10/2012
COSTS & ATTORNEY FEES 748.27 DATE STATEWIDE JUDGMENT
LIEN RECORDED: 06/27/2012
TOTAL $7,160.97
STATEWIDE JUDGMENT LIEN STATUS: OPEN
(*)INCLUDES PRE-JUDGMENT INTEREST(IF ANY)
---------------------------------------------------------------------------------------------
DEBT AMOUNT: $7,170.97 DEBT STATUS: OPEN
STATUS OF DEBT AS TO: DAVID TRACY DESIGN INC OPEN
COMMENTS:
---------------------------------------------------------------------------------------------
I HEREBY CERTIFY THAT THE FOREGOING REFLECTS THE JUDGMENT AND COSTS OF RECORD IN THIS
COURT. ADJUSTMENTS AFTER THE DATE OF THE JUDGMENT, SUCH AS INTEREST OR CREDITS, MAY
NOT BE INCLUDED IN THE TOTALS. PLEASE CONTACT THE CREDITOR OR CREDITOR'S ATTORNEY
FOR THE CURRENT TOTAL AMOUNT DUE, IF ANY.
~"~
CLERK OR DEPUTY CLERK OF SUPERIOR COURT
DATE: 07/12/2012
CVM1023 AUTOMATEp CASE MANAGEMENT SYSTEM 07/16/12
PAGE: 001 OF 001 DOCUMENT LIST 10:58
VENUE MORRIS COURT LAW SCP DOCKET #: DC 001 260 12
CASE TITLE DACO LIMITED PARTNER VS DAVID TRACY DESIGN
----------
- I NC
--------
--
---
--------
--------------
DATE -----
DOC -----------------------
DOCUMENT NON ----
-
FILING/TARGET ATTORNEY MUL DOC
S FILED NUM TYPE CONF PARTY NAME
------------- NAME
--------
--
--- PTY STA
--------
----------
01 31 ----
2012 ----
001 ------------------------
COMPLAINT-MAIL ---
DACO LIMITED MITNICK & MA N
03 28 2012 002 MISC OTHER DACO LIMITED MITNICK & MA N
04 04 2012 003 MOT ENT DEF JUD DACO LIMITED MITNICK & MA N GR
05 10 2012 004 ORD ENT DEF JUD DACO LIMITED MITNICK & MA N GR
05 10 2012 005 JDG DEFLT DACO LIMITED MITNICK & MA N
05 25 2012 006 STAT FOR DOCKET DACO LIMITED MITNICK & MA N
CV900123 END OF SEARCH
PF1-DOCUMENT-DETAIL
PF4=PROMPT PF6=CONSOLIDATED CASE LIST PF7=PRIOR PFB=NEXT PF22=HELP:
4-ei 1 Sess-1 172.16.1.27 TA000017 2/8
Certified to be a tree
Dopy of the original on
file in the Superior Court
CI 's Office /~,,.
~~
]rGlt M. PE ESQ.
CL.BRK OF SUPERIOR COURT
Jeffrey S. Wilson, Esquire
I.D. #50503
P.O. Box 42321
Philadelphia, PA 19101-2321
610-543-0434
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DACO LIMITED PARTNERSHIP NO.
vs.
DAVID TRACY DESIGN INC.
CERTIFICATION OF ADDRESS
I, Jeffrey S. Wilson, Esquire counsel for Plaintiff in the above captioned matter
hereby certifies that the correct address for each parties is as follows:
Plaintiff s correct name and address:
DACO LIMITED PARTNERSHIP
300 Myrtle Avenue
Boonton, NJ 07005
Defendant's correct name and address:
DAVID TRACY DESIGN INC.
5020 Ritter Road, Suite 1
Mechanicsburg, PA 17055
~~~
Je re S. Wi n, Esquire
Attorney f Plaintiff
(Rule of Civil Procedure No. 236) -Revised
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACT10N -LAW
DACO LIMITED PARTNERSHIP ) NO I ~-~ 1~ ~ Cv~~
Plaintiff
VS.
DAVID TRACY DESIGN INC. )
Defendant
Notice is given that an order in the above captioned matter has been
judgment
decree
verdict
award
entered against you on
~~~~
PROTHONOTARY
If you have any questions concerning the above, please contact:
JEFFREY S. WILSON, ESQUIRE
POST OFFICE BOX 42321
PHILADELPHIA, PA 19101-2321
1ol~l~a
610-543-0434
120-303
PRAECIPE FOR WRIT OF EXECUTION -(MONEY JUDGMENTS)
P.R.C.P 3101 to 3149
DACO LIMITED PARTNERSHIP # IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
VS.
DAVID TRACY DESIGN INC. SOaO V`� No. 12-6117 Civil
sum � I
%,e(x 0
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
MEMBERS F SK FEDERAL CREDIT UNION (MONEY JUDGMENTS)
51 , _ 1--3 Garnishee.
To the Director of the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER:
(1) Directed to the Sheriff of CUMBERLAND County,Pennsylvania;
(2) against DAVID TRACY DESIGN INC.............Defendant(s); �n CZ
3,
(3) and against... ...............Garnishee(s); ;1=
4
:!77
(4) and Index this writ
(a)against DAVID TRACY DESIGN INC...........Defendant(s)
(b)against ...... ........Gamishce(s)
as a lis pendens against the real property of the defendant(s)in the name of the Gamishee(s)as follows:(Specifically describe
property)
Check Blocks Needed
r---JReal Estate
r--JPersonal Property
(5) Amount due $7,314.39
Less Payments ($1,500.00)
Interest from 9/12-3/13 $ 174.43
Total $5,988.82 Plus costs
Dated March 21,2013
.... .... ... ............ ....
ttorney the Plaintiff
(s)
Under paragraph(1)when the writ is directed to the sheriff of another county as authorized by Rule 3103(b),the county should be
indicated.
Under Rule 3103(c)a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph(3)above should be completed only if a named garnishee is to be included in the writ.
Paragraph(4)(a)should be completed only is indexing of the execution in the county of issuance,is desired as authorized by Rule
3104(a). When the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b).
Paragraph(4)(b)should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is
esired. See Rule 3104(c)
OD
� OL
33 -SO
ot
Jv 25TO I C/-?,-/o
No.12-6117 Civil
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DACO LIMITED PARTNERSHIP, Plaintiff
VS
DAVID TRACY DESIGN INC.
Defendant(s)
8
MEMBERS FIRST FEDERAL CREDIT UNION
Garnishee.
PRAECIPE FOR WRIT OF EXECUTION
(Money Judgments)
P.R.C.P 3101 to 3149 etc.
Attorney for Plaintiff
Address: JEFFREY S. WILSON, ESQUIRE
POST OFFICE BOX 42321
PHILADELPHIA, PA 19101-2321
(610) 543-0434
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-6117 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due DACO LIMITED PARTNERSHIP Plaintiff(s)
From DAVID TRACY DESIGN INC.,5020 RITTER ROAD,SUITE 1,MECHANICSBURG,PA
17055
(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:
MEMBERS FIRST FEDERAL CREDIT UNION,814 WEST HIGH STREET,CARLISLE,PA
17013
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$5,814.39 Plaintiff Paid$
Interest$ Law Library$.50
Attorney's Comm. % Due Prothonotary$2.25
Attorney Paid$810.77
Other Costs$
Date:3/25/13
David D.Buell,Prothonotary
Al
B •
Deputy
REQUESTING PARTY:
Name :JEFFREY S.WILSON,ESQUIRE
Address:P.O. BOX 42321
PHILADELPHIA,PA 19101-2321
Attorney for:PLAINTIFF
Telephone:610-543-0434
Supreme Court ID No.
JEFFREY S. WILSON,ESQUIRE RECEIVEI?
ATTORNEY NO. 50503 ~ �L " �~
POST OFFICE BOX 42321 ' " ilt ' LIAR 2 9 2g13
PHILADELPHIA,PA 19101-2321 2013 APR _4 AM 11: 4 I
610-543-0434
DACO LIMITED PARTNERSHIP COURT OF COMMON PLEAS OF
I EUMBERLAND COUNTY,PENNSYLVANIA
vs. }
DAVID TRACY DESIGN INC. } No. 12-6117 Civil
}
Defendant(s) }
r
MEMBERS FIRST FEDERAL CREDIT UNION }
Garnishee.
Sw�,-s
INTERROGATO IES TO GARNISHEE
You are required to file answers to the following Interrogatories within twenty(20) days
after service upon you. Failure to do so may result in Judgment against you. These
Interrogatories are to be deemed continuing. Unless otherwise specified, the questions are
directed to the "time" of service of the attachment all "time" subsequent thereto. The answers
should specify and clearly describe the information requested, including, but not limited to
arnounts of money held or owing, account numbers, serial numbers, and detailed description of
property, your interest therein, and any claims by you or others therein, including addresses and
phone numbers where they may be reached.
1. At the time you were served or at any subsequent time did you owe the Defendant
any money or were you liable to him on any negotiable or other written instrument, or did he
claim that you owed him any money or were liable to him for any reason? If so, describe the
property and state its value..
2. At the time you were served or at any subsequent time was there in your
possession, custody or control or in the joint possession, custody or control of yourself or others
any property or any nature, including but not limited to checking account and promissory notes
and saving accounts, owed solely or in part by the Defendant? If so, state the property and/or the
joint possessor, custodian, or entity controlling said property.
N�
3. At the time you were served or at any subsequent time did you hold legal title to
any property of any nature owed solely or in part by the Defendant? If so, please describe.
RECEIVED
MAR 2 9 2013
4. At the time you were served or at any subsequent time did you hold as fiduciary
any property in which the Defendant has interest? If so, please describe.
NL
5. At any time after you were served did you pay,transfer or deliver any money or
property to the Defendant or to any person or place pursuant to his direction or otherwise
discharge any claim of the Defendant against you? If so, to what extent?
NA�
6. At any time before or after you were served, did the Defendant transfer or deliver
any property to you or to any person or place pursuant to your direction or consent and if so,
what was the consideration therefore?
Ll 3,
7. At any time you were served or at any subsequent time, did you have any safe
deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral,
checking, savings, tax or other accounts or deposits in which Defendant has an interest?
� o
8. Please describe and state the value of all property belonging to Defendant in your
possession.
n ad t 500 to
DATED: March 21, 2013 AtforAeyf7pintff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson �.� €=� � y'++ U} I-ii: ,
Sheriff
at.0x'p tit luiltrc,P,4
Jody S Smith
Chief Deputy. Std 2
Richard W Stewart CUMBERLAND COUNTY
Solicitor 0M CE OF THE W-CRIr" PENNSYLVANIA
DACO Limited Partnership
Case Number
vs.
David Tracy Design, Inc. 2012-6117
SHERIFF'S RETURN OF SERVICE
03/28/2013 01:45 PM -William Cline, Deputy,who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring
Road, Carlisle, PA 17015, Cumberland County, by handing to Jan Finkle, Member Service Rep.,
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.
The writ of execution and notice to defendant was mailed on April 2, 2013 to David Tracy Design at 5020
Ritter Road, Mechanicsburg, PA 17055.
09/26/2013 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: $88.40 SO ANSWERS, '.
September 26, 2013 RbNW R ANDERSON, SHERIFF
S`0 -��
93
(C)CountySuite Sheriff,Teleosoft,Inc.