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Home My WebLink About12-6959IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYSCO CENTRAL PENNSYLVANIA, LLC, Plaintiff CIVIL ACTION -LAW NO. lob - ~Q5q ~~ ~ r (~L~'M vs. ENDERS RESTAU-RANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3905 Corey Road P.O. Box 3641 Harrisburg, PA 17105 THE LAST KNOWN ADDRESS(ES) OF DEFENDANT(S): TYPE OF PLEADING: CERTIFIED TRANSCRIPT OF DISTRICT JUSTICE JUDGMENT COUNSEL OF RECORD FOR PLAINTIFF: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Kimberly A. Bonner, Esquire Pa. I.D. #89705 P.O. Box 650 Hershey, PA 17033 ~ (717) 533-3280 ~ `.~:.' ~~ ~~ z~ z ~. ~~ ~ n 2 Cr ~,. C.. _~ Enders Restaurant, LLC d/b/a The Treat Attn: John G. Enders 55 Richs Drive Shippensburg, PA 17257 John G. Enders 55 Richs Drive S 'ppe s ur , A 17257 ATTORN Y FOR PLAINTIFF N +~.. '~ ~C c:.~ X31.02,5 PA ~`rtN "* (~(~ ~-~ o2g3/Q5 ~.v~re~ ~8~~ec~ ~i __, ~Y~f"~ -t~ •,-; ~ ~, --! c, -~; C::1 "~ .~ _.. ~'r i ._,, SYSCO CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a judgment in the above-captioned case in favor of Plaintiff and against Defendants, ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, in the amount of $11,499.91 in accordance with the attached certified Notice of Judgment/Transcript Civil Case. Dated: November 12, 2012 JAS~i~'H, DIETTERICK & CONNELLY, LLP By: \ 1 ~-----_- Kimberly A. Bonner, Esquire PA I. D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF DAUPHIN Case .~ Mag. Dist. No: MDJ-12-1-01 MDJ Name: Honorable James A. Lenker Address: 2125 Paxton Church Road Harrisburg, PA 17110 Telephone: 717-545-4143 Kimberly A. Bonner, Esquire, Esq. P. O. Box 650 Hershey, PA 17033 Disposition Summary Sysco Central Pennsylvania, Llc V. Enders Restaurant,LLC d/b!a The Treat, John George Enders Docket No P in i Defendant MJ-12101-CV-0000461-2012 Sysco Central Pennsylvania, Uc Enders Restaurant,LLC d/b/a The Treat MJ-12101-CV-0000461-2012 Sysco Central Pennsylvania, Llc John George Enders Judgment Summary Participant Joint/Several Liability Individual Liability Enders Restaurant,LLC dlb/a The Treat $11,499.91 $0.00 John George Enders $11,499.91 $0.00 Sysco Central Pennsylvania, Llc $0.00 $0.00 Docket No: MJ-12101-CV-0000461-2012 Case Filed: 7/11/2012 Disposition Disposition Date Default Judgment for Plaintiff 09/2612012 Default Judgment for Plaintiff 09/26/2012 m nt $11,499.91 $11,499.91 $0.00 Judgment Detail ("Postdudgment) In the matter of Sysco Central Pennsylvania, L{c vs. Enders Restaurant,LLC d/b/a The Treat; John George Enders on 9/26/2012 the judgment was awarded as follows: Judament Comuonent Joint/Several Liability Individual Liability Der,osit Ao Its ied Amount Civil Judgment $11,298.86 $0.00 $11,298.86 Costs $201.05 $0.00 $201.05 Grand Total: $11,499.91 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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 FGR 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 ^vF COMMOtJ PLEAS faPiD NG FURTHER PROCESS MAY BE ISSUED 8Y 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. ~_ ~.. S ~~ ..~ ~ , ,~ ~'~f -ld~ '.~-1 Date Magisterial District Judge James A. Lenker ~"~s~~;:~~`+`~.;-' certi y t at t is is a true an correct copy o t e recor o t e procee ings contammg a lu gment. ```\\\~~•pls ~F~yS~~ ~,^ ~ Date Magiste~ District Judges S0~': ~„~,~ ~O~y~'N, ~: Page 1 of 2 Sysco Central Pennsylvania, Llc Docket No.: MJ-12101-CV-0000461-2012 v. Enders Restaurant,LLC d/b/a The Treat, John George Enders {: t . Participant;Lis# .. ,,y . ~. k~~~ ~lPlaintiff(s) .~ ,_ Sysco Central Pennsylvania, Llc PO Box 3641 3905 Corey Road ~,., Harrisburg, PA 17105-3641 Defendant(s) Enders Restaurant,LLC d/b/a The Treat _ Attn: John Enclexs, . _ . 55 Richs Drive - - _-, Shippensburg, PA 17257 John George Enders n,.,~Kti,~ 55 Richs Drive Shippensburg, PA 17257 ~; Complainant's Attorney(s) '~ Kimberly A. Bonner, Esquire, Esq. . , ~ - ., P: 0. -Box-.650 '; .., ' Hershey, PA 17033 ,~'' ;~ ..._.. .. ~~ ~~' i .. ... .~~. ~ a'r3K65''..•. .. SYSCO CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW AFFIDAVIT OF NO APPEAL I, Kimberly A. Bonner, Esquire, on behalf of the Plaintiff hereby affirm that I have not received notice of an appeal from the Defendants, ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, or from the Dauphin County Prothonotary, from the judgment awarded to Plaintiff by District Justice James A. Lenker. By: RN and SUBSCRIBED to before m t is 12th ay November, 2012. otary Public COMMnNWEALTII (~~ PI~.NN5Y1 V~NIA Nl)'CAKI Al, SLAL DENISE L. FUS~I1=~1~ 1JCS1 AFZY PUfsI.IC p/~Ul'l i1N t'1111NTY CITY OF NAKFZiSB11R~;. 'S M~12Ci t 0~. 2013 MY CC)MMISSK)N EXl'1R,:: JAMES H, DIETTERICK & CONNELLY, LLP KIM Y A. BONNER, ESQUIRE Attorney LD. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 SYSCO CENTRAL PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS LLC, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, CNIL ACTION -LAW Defendants NOTICE OF ORDER, DECREE OR JUDGMENT TO: John G. Enders 55 Richs Drive Shippensburg, PA 17257 ( )Plaintiff (X) Defendant ( }Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on -1 a ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as foLows: $11,499.91 with interest from November 13, 2012 at the rate of 6% per annum, plus additional attorneys' fees and costs of suit. Prothonotary Deputy SYSCO CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW NOTICE OF ORDER. DECREE OR JUDGMENT TO: Enders Restaurant, LLC d/b%a The Treat Attn: John G. Enders 55 Richs Drive Shippensburg, PA 17257 ( ) Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on _I/~/,/3~/a _ ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $11,499.91 with interest from November 13, 2012 at the rate of 6% per annum, plus additional attorneys' fees and costs of suit. Prothonotary Deputy SYSCO CENTRAL PENNSYLVANIA, LLC, Plaintiff vs. ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /a - (o45g evil T /1N CNIL ACTION -LAW PRAECIPE FOR WRIT OF EXECUTION - (MONEY TO THE PROTHONOTARY: Issue a writ of execution in the above matter directed to the Sheriff of Cumberland County; ~3 m~ `~ ~~~ ~~ ~ ~. JUDGMEl~~° z ~, r~ --~ -e c~ -ac .~- -~ r 0 a 2. against ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants, and upon the following described property of Defendants: :..,; --~ r~ w° r= ~~~ ~~ c:~ -:-; ~~ ~~' Please inventory and levy in place all personal property, both tangible and intangible, of ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS located at 55 Richs Drive, Shippensburg, PA 17257, including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, electronic equipment, appliances, personal computer hardware and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount. 3. and index this writ (a) against ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, Defendants; and (b) against , as garnishee(s), as a lis pendens against real property of the defendant in name of garnishee as follows: s 4. Amount of Judgment $11,499.91 ~oZ$.5DP~A~ Costs to be added $ 31~ ~ Ci3F a . 50 `~ Total Due $ (~a o25 _ paArrP JAME S ITH, IETTERICK & CONNELLY, LLP Dated: November 12, 2012 By: ~ c2 ~ .~ue Kimberly A. Bonner, Esquire .5O ~ PA L D. #8970s P.o. Box 6so e ~ ~ yy o(~ Hershey, PA 17033 ~~0283 X05 (717) s33-3280 Attorneys for Plaintiff c~~~+~P~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-6959 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SYSCO CENTRAL PENNSYLVANIA, LLC., Plaintiff (s) From ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN C:. ENDERS, 55 Richs Drive, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property, both tangible and intangible, of defendants located at 55 Richs Drive, Shippensburg, PA 1.7257, including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, electronic equipment, appliances, personal computer hardware and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount . (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 $11,499.91 L.L. $ $.50 Interest: Atty's Comm % Due Prothy $2.25 Atty Paid $62.25 Other Costs Plaintiff Paid Date: 11/14/12 fd.M~ ~ ~.1 Q ~~ ~- David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: KIMBERLY A. BONNER, ESQUIRE , Z'D# 899os Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Te 1 ephon e: 717-533-3280 - - - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~ ~ ~ ~`~`~~ ~' ' I~ ~~ _ att~ r~~~~x~i ~.i . Sheriff y 4~~,~,, ~i ~a,~~.r~~~,~~„~ Jody S Smith "' ,(~}~ ~~ ~~~ ~ ~~ ~# Chief Deputy - Richard W Stewart n~~~~~~-f'~~~ ~'~~`" ~ }1' Solicitor - - ~ ~ ~ ~ C ~/ ~~r~ ~~ ~ ~. Sysco Central Pennsylvania, LLC Case Number vs. 2012-6959 Enders Restaurant, LLC d/b/a The Treat (et al.) SHERIFF'S RETURN OF SERVICE 11/27/2012 Defendant John Enders advised deputies that he had filed for bankruptcy; was advised to contact our office to give filing information. 11/28/2012 Defendant Enders Restaurant LLC filed for bankruptcy November 16, 2012. Docket No. 1:12-bk-06664-RNO. 11/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $73.08 SO ANSWERS, November 28, 2012 -.__. RON R ANDERSON, SHERIFF v f ~o P~ ~~ ~ gy 3vN d'_~` P`~3 0~ WRIT OF EXECUTION and/or ATTACHMENT ._s COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-6959 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SYSCO CENTRAL PENNSYLVANIA, LLC., Plaintiff (s) From ENDERS RESTAURANT, LLC d/b/a THE TREAT and JOHN G. ENDERS, 55 Richs Drive, Shippensburg, PA 17257 (I) You are directed to levy upon the property of the defendant (s)and to sell all personal property, both tangible and intangible, of defendants located at S5 Richs Drive, Shippensburg, PA 17257, including, but not limited to, all motor vehicles, recreational vehicles, books, records, inventory, equipment, furniture, electronic equipment, appliances, personal computer hardware and software, supplies and accounts receivable. Please seize all cash, not to exceed the Writ amount . (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 $11,499.91 L.L. $ $.50 Interest Atty's Comm % Due Prothy $2.25 Atty Paid $62.25 Other Costs Plaintiff Paid Date: 11 /14/12 Devi . Bue11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name :KIMBERLY A. BONNER, ESQUIRE, Z'D#8Q~05 Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Te 1 ephone: 717-533-3280 TRUE CtaPY FRGM RECORD In Testimony wftereof,l hQre unto set my hand and the ~s~e~al of said Co~actt~a~E~. Pa. Tats' ' ~ ~Y d ~L~il~:.. Piaothonotagl ~.