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HomeMy WebLinkAbout13-3884 "COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -03 SESAC, INC. c/o Burton Neil & Associates, P.C. MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Carlisle Sports Emporium, Inc. P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717- 486 -7672 SESAC, INC. c/o Burton Neil & Associates, P.C. Docket No: MJ- 09303 -CV- 0000291 -2012 1060 Andrew Drive, Suite 170 Case Filed: 11/29/2012 West Chester, PA 19380 i Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09303 -CV- 0000291 -2012 SESAC, INC. c/o Burton Neil & Carlisle Sports Emporium, Inc. Default Judgment for Plaintiff 01/24/2013 _ .. �. Associates, P.C; _ .w� _•• _� �.. ._ _. �. Judgment Summary Participant Joint/Several Liability Individual Liability Amount Carlisle Sports Emporium, Inc. $0.00 $3,913.05 $3,913.05 SESAC, INC. c/o Burton Neil & Associates, $0.00 $0.00 $0.00 P.C. Judgment Detail ( *Post Judgment► w...�.___._. _..�-- __._..•. _ __ _ __..__ . _ ,_ In the matter of SESAC, INC. c/o Burton Neil & Associates, P.C. vs. Carlisle Sports Emporium, Inc. on 1/24/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $0.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,795.05 $3,795.05 Costs $0.00 $118.00 $118.00 Grand Total: $3,913.05 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. Htl 4)1K Date Magister' 'strict Judge Susan K. D I certify that this is a true and correct copy of the record o the proceeding /cont ng th Ju gment. 9 J r Date / Judge v MDJS 315 Page 1 of 2 Printed: 0311912013 7:37:49AM SESAC, INC. c/o Burton Neil & Associates, P.C. Docket No.: MJ- 09303 -CV- 0000291 -2012 V. Carlisle Sports Emporium, Inc. Participant List Private(s) Y?+ Neil Sarker, Esq. rn C-- . �= BURTON NEIL & ASSOCIATES, P.C. 1060 Andrew Drive - Suite 170 5 s CD ; West Chester, PA 19380 CS} --I -i —'d —0 CD Plaintiff(s)'' c SESAC, INC. c/o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Defendant(s) Carlisle Sports Emporium, Inc. v' 29 S. Middlesex Road tit' n /1 Carlisle, PA 17015 7 3903 C� ep ap���` MDJS 315 Page 2 of 2 Printed: 03/19/2013 7:37:49AM COMMONWEALTH OF PENNSYLVANIA CIVIL COMPLAINT ,!;-*; , : C04NTY OF: CUMBERLAND PLAINTIFF: NAME and ADDRESS Mag. Dist No.: 09 -3-03 r SESAC, INC. c/o Burton Neil & Associates, P.C. DJ Name: Hon. 1060 Andrew Drive, Suite 170 Susan K. Day West Chester, PA 19380 Address: 229 Mill Street, PO Box 167 L Mt. Holly Springs, PA 17065 Telephone: 7171486 -7672 VS. DEFENDANT: NAME and ADDRESS i r CARLISLE SPORTS EMPORIUM, INC. 29 S Middlesex Road L Carlisle PA 17015 Docket No.: C'`1 Date Filed: ti. AMOUNT DATE PAID . FILING COSTS $ (Q3— 1 1 i POSTAGE $ j 5 ' / / { Social secuHty numbers and financial information (e.g. $ SERVING COSTS $ PINs) should not be listed. If the identity of an account CONSTABLE ED. $ �^ i ( / z4l I a number must be established, list only the last four digits. TOTAL 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 $3,795.05 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): For goods and merchandise sold and delivered by plaintiff to $3,126.99 Principal defendant including attorneys fees , late payment charges and $91.48 Interest interest accrued at 6% per annum from 30 days after invoice date, $575.58 Attorney Fees Credit per the signed license. $3,795..05 05 Balance IM F , verify that the facts set forth In this complaint are true and correct to the best of my knowledge, information a elief. This statement is made subject to the penalties of Secllon 4904the Code (18 PA. C. S. § 4904) rela ted t u orn falsification to authorities. (Signature of Plaintiff or Auth The plaintiff's attorney shall file and entry of appearance with the magisterial district court pursuant to Pa.R.. IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU 100 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 comptaint form at this office at least five days before the date set for the hearing. If you are disabled and require reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District p Court at tthe above transportation. o address or telephone number. We are unable to AOPC 30BA -11 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff SESAC, INC. : IN THE COURT OF COMMON PLEAS 55 Music Square East Nashville TN 37203 -0055 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. �j . 30b / SPORTS EMPORIUM 29 S Middlesex Road Carlisle PA 17015 Defendant :CIVIL ACTION - LAW Certification of Address and Affidavit of Non - Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last -known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and /or the Department of Defense website. Burton Neil & Associate C. By: Neil Sarker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff SESAC, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND C PENNSYLVANIA V. NO. SPORTS EMPORIUM Defendant : CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on � �A u 020/3 Prothonotary By: Deputy If you have any questions concerning the above, please contact: Neil Sarker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610- 696 -2120 This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. SESAC, INC. 161082 / 232 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 : IN THE COURT OF COMMON PLEAS Plaintiff v. SPORTS EMPORIUM 29 S Middlesex Road, Carlisle PA 17015 Defendant(s) cr : CUMBERLAND COUNTY, PENNS _Ntg\TIA_{ : CIVIL ACTION - LAW c`nr , : NO. 13-3884 To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTEL 2 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against CARLISLE SPORTS EMPORIUM, INC. , Defendant(s) 3. and against , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) Levy on property of the defendant at: 29 S Middlesex Road, Carlisle PA 17015 5. Amount Due $3,913.05 Interest from 01/24/2013 $344.77 Total $4,257.82* *Plus writ costs Dated: July 11, 2014 Neil(Sarker, Esquire Attorney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to 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 indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. n. nC Q 3i as CBF gcc9,7s}d ! sv 7D 6-3 t 3og7y ,Ar' THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SESAC, INC Vs. SPORTS EMPORIUM WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-3884 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against SPORTS EMPORIUM, 29 S. MIDDLESEX ROAD, CARLISLE, PA 17015 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; LEVY ON PROPERTY OF THE DEFENDANT AT 29 S. MIDDLESEX ROAD, CARLISLE, PA 17015. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. 1 Amount Due $3,913.05 Interest FROM 1/24/2013 - $344.77 Attorney's Comm. Attorney Paid Date: 7/16/14 (Seal) Plaintiff Paid $59.75 Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : NEIL SARKER, ESQUIRE Address: LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson fiLfED-OF I Y_ Sheriff i;E l HE PRU1 BCNU IA'ii`1 r of Co aDept Jody S Smith ��y ; ; Chief Deputy .• 20111 AUG — I MO: 31 Richard W Stewart .., ^X?a CUMBERLAND COUNTY Solicitor OFFICE QF THE $t;EroFF PENNSYLVANIA SESAC, Inc. vs. Sports Emporium Case Number 2013-3884 SHERIFF'S RETURN OF SERVICE 07/30/2014 02:45 PM - Deputy William Cline, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Michael Bear, Manager, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Sports Emporium at 29 S Middlesex Road, Middlesex Township, Carlisle, PA 17015, and informed person of contents of same. NO LEVY COMPLETED AT THIS TIME. Business owner was out of town; will be returning the week of August 4, 2014. Will follow up at that time. SHERIFF COST: $48.02 SO ANSWERS, August 01, 2014 RON'aR ANDERSON, SHERIFF ;Gj CountySuite Sheriff, Teleosoft, 'nC ti - Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE tRO1HONO I; 2014 AUG I I Pig 12: CUMBERLAND COUNTY PENNSYLVANIA SESAC, Inc. vs. Sports Emporium Case Number 2013-3884 SHERIFF'S RETURN OF SERVICE 07/30/2014 02:45 PM - Deputy William Cline, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Michael Bear, Manager, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Sports Emporium at 29 S Middlesex Road, Middlesex Township, Carlisle, PA 17015, and informed person of contents of same. NO LEVY COMPLETED AT THIS TIME. Business owner was out of town; will be returning the week of August 4, 2014. Will follow up at that time. 08/11/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiff directly. SHERIFF COST: $127.26 SO ANSWERS, W4.°: August 11, 2014 RONNY R ANDERSON, SHERIFF (c) CounlySuite Shy rif`., Teleosoft, Inc. AED-OFFICE CW THE PROTHONO1;-,R 2014 AUG I I PM 12: 6,3 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff SESAC, INC. IN THE COURT OF COMMON PLEAS v. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-3884 CARLISLE SPORTS EMPORIUM, INC. Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 161082 / 318