The URL can be used to link to this page

Home My WebLink About13-5517 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW c ll! PENN WASTE, INC., No. Plaintiff VS. c ca MID PENN AWNINGS & TINTING;r', LLC Defendant : PRAECIPE TO ENTER JUDGMENT ca c:) � TO: PROTHONOTARY Enter judgment in favor of Plaintiff, Penn Waste, Inc., and against Defendant, Mid Penn Awnings & Tinting LLC, in the amount of $821.82 in accordance with the judgment entered by District Justice Paula P. Correal, a copy of which is attached hereto. Date: 1 3 REAM, CARR, MARKEY & WOLO IN, LLP By: vzl�zk John N. t1liott, ffsq. 119 E. Market Street York, PA 17401 Phone: 717 - 843 -8968 Fax: 717-846-4999 PA 82818 O W � 31. aq s 8Co S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENN WASTE, INC., Plaintiff VS. MID PENN AWNINGS & TINTING LLC, Defendant AFFIDAVIT OF NO APPEAL TO THE PROTHONOTARY: As of the date hereof, no District Justice Appeal has been filed in the above - captioned matter. REAM, CARR, MARKEY & WOLOSHIN, LLP Date: By: ohn N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717 - 843 -8968 Fax: 717- 846 -4999 Email: inelliottesq@comcast.net PA 82818 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n ut . PENN WASTE, INC., No. Plaintiff VS. MID PENN AWNINGS & TINTING LLC, Defendant NOTICE OF ENTRY OF JUDGMENT (X) Notice is hereby given that a.'udgment in the above - captioned matter has been entered against you on _ ��' _! , br l in the amount of $821.82, plus costs of suit. (X) A copy of all documents filed with the Prothanotary in support of the within judgment are enclosed. Prothonotary oftwftIMA County Civil Division By: If you have any questions regarding this Notice, please contact the filing party: John N. Elliott, Esq. Attorney for Plaintiff 119 E. Market Street York, PA 17401 717 - 843 -8968 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Mid Penn Awnings & Tinting LLC 4620 Carlisle Pike Mechanicsburg, PA 17050 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 Penn Waste Inc. MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Mid Penn Awnings & Tinting LLC Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Penn Waste Inc. Docket No: MJ- 09304 -CV- 0000139 -2013 PO Box 3066 Case Filed: 4/18/2013 85 Brickyard Road York, PA 17402 y Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000139 -2013 Penn Waste Inc. Mid Penn Awnings & Tinting LLC Default Judgment for Plaintiff 06/18/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Mid Penn Awnings & Tinting LLC $0.00 $821.82 $821.82 Penn Waste Inc. $0.00 $0.00 $0.00 Judgment Detail ( *Post Judgment) In the matter of Penn Waste Inc. vs. Mid Penn Awnings & Tinting LLC on 6/18/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $695.65 $695.65 Filing Fees $0.00 $89.00 $89.00 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $32.17 $32.17 Grand Total: $821.82 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,�,t OR OTHERWISE COMPLIES WITH THE JUDGMENT. g L3 Date Senior Magisterial District Judge Paula P. Correal certify that this is a true and correct copy of the record of the proceedings con the judgment Date agisterial District L' MDJS 315 Page 1 of 2 Printed: 06/18/2013 7:34:29AM Penn Waste Inc. Docket No.: MJ- 09304 -CV- 0000139 -2013 V. Mid Penn Awnings & Tinting LLC Participant List c C= Plaintiff(s) m C/) ;j ,m rr , T1— Penn Waste Inc. ter- 7-0 - L7 PO Box 3066 -G> 7 p 85 Brickyard Road r - Z: --a C, York, PA 17402 �"C a -1 0 = ..rl =.C:) Defendant(s) A —� cs - - Mid Penn Awnings & .Tinting LLG 1 4620 Carlisle Pike Mechanicsburg, PA 17050 Authorized Agent - Plaintiff(s) Sheila Beichner C/O Penn Waste Inc P 0 Box 3066 York, PA 17402 MDJS 315 Page 2 of 2 Printed: 06/18/2013 7:34:29AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW PENN WASTE, INC., No. - Plaintiff rr?W w — VS. X yr. MID PENN AWNINGS & TINTING c n LLC, o Defenda�� i� t`1�eCh. •� �.� �'� � �r� LWa o - PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 TO THE PROTHONOTARY: Please issue writ of execution in the above - captioned matter: (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against Mid Penn Awnings & Tinting LLC, Defendant (3) And against Members I" Federal Credit Union, Garnishee; (4) And index this Writ: a. Against Mid Penn Awnings & Tinting LLC, Defendant b. Against Members I" Fed ral Credit Union, Garnishee, SDO� VIA 11os� as a lis pendens against the real property of the Defendant in the name of the Garnishee as follows: Please levy all personal property of Defendant of resalable value. Please also levy all vehicles. Levy against and hold checking account #7773735613 (5) Amount due $821.82 Interest 6/18/13 — 8/30/13 9.86 Attorney Fee 125.00 Total $956.68 Date: 1� 1 John N. Elliott, Esq. Ream, Carr, Markey & Woloshin LLP 119 E. Market Street 31 , aS A,o York, PA 17401 V�J 717- 843 -8968 Sun. Ct. No 82818 114, 4 PS%.(' WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -5517 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN WASTE, INC. Plaintiff (s) From MID PENN AWNINGS & TINTING LLC, 4620 CARLISLE PIKE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ALL PERSONAL PROPERTY OF DEFENDANT OF RESALABLE VALUE. PLEASE ALSO LEVY ALL VEHICLES. You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS IT FCU, 5000 LOUISE DRIVE, MECHANICSBURG, PA 17050 - LEVY AGAINST AND HOLD CHECKING ACCOUNT #7773735613 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; (2) 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 $821.82 Plaintiff Paid $ 60.25 Interest 6/18/13 - 8/30/13 - $9.86 Attorney's Comm. % Law Library $ . Attorney Paid $ Due Prothonotary $2.25 Other Costs $125.00 ATTORNEY FEE Date: Sept. 19, 2013 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN N. ELLIOTT, ESQUIRE REAM, CARR, MARKEY & WOLOSHIN LLP Address: 1.19 E. MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717- 843 -8968 Supreme Court ID No. 82818 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,Y2 Ronny RAnderson � zca c s Sheriff r' r-r q r _ or et sranderf Jody S Smith ' .> r.„) Chief Deputy ,,. . Richard W Stewart ''t` Solicitor _ w ffie, - , Penn Waste, Inc. vs. Case Number Mid Penn Awnings &Tinting LLC 2013-5517 SHERIFF'S RETURN OF SERVICE 09/25/2013 12:49 PM - Noah 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, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Laurie Shultz, Member Service Representative, personally two (2)true and attested copies of the Writ of Execution and made the contents there of known to her. NO INTERROGATORIES WERE SERVED AS NONE WERE RECEIVED. NOAH CLINE, DEPUTY SO ANSWERS, September 26, 2013 RONR ANDERSON, SHERIFF rc. sc'• RECEIVED , � ; E1'=r2 2013 OLL i i i r i u i t i ti I � } OCT �„ I YOU ARE HEREBY NOTIFIED TO PLEAD TO i THE ENCLOSED INTERROGATORIES WITHIN rUMtLh�" 1Q '�T` TWENTY (20) DAYS FROM SERVICE HEREOF PENNSYLVANIA OR A DEFAULT JUDGMENT MAY BE ENTERED AIJI, YOU. ATTORNEY 1� R• PLAINTIFF Ream Carr Markey & Woloshin, LLP By: John N. Elliott ID# 82818 119 East Market Street (717) 843-8968 Fax (717) 846-4999 COURT OF COMMON PLEAS PENN WASTE Plaintiff • CUMBERLAND COUNTY • v. • MID PENN AWNINGS & TINTING LLC • No. 2013-5517 Defendant • and • MEMBERS 1ST FCU Garnishee a,hswrs INTERROGATORIES IN ATTACHMENT TO: Members 1st FCU You must file with the Prothonotary of the Court of Common Pleas of Cumberland County verified answers to the following interrogatories in attachment within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the foregoing interrogatories is affirmative, specify the amount, value, and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same) . 1. a. At the time you were served or at any subsequent time, did you owe the defendant[s] any money or were you liable to defendant [s] on any negotiable or other written instrument, or did defendant [s] claim that you owed any money or were liable to defendant [s] for any reason? b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same) . tt I i()` c Chfc41 CLe C Vl. q-1— 8'71 �2- ,J 2. a. 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 one or more other persons property of any nature owned solely or in part by the defendant [s] ? I�� b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . NJA 3. a. At any time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant [s] or in which defendant [s] held or claimed any interest? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or(or_ attach a copy of the same) . 4 . a. At any time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant [s] had an interest? IV0 b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail nn(or attach a copy of the same) . !v A- 5. a. At any time before or after you were served, did the defendant [s] transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? ,) N b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . N/(k 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant [s] ? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . ( 1 7 . a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant [s] , e.g. , lease payments, loan payments, etc. ? i "� b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . N /A- 8 . a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant [s] ? N' 0 b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . N //I 9. a. Identify every account (not previously noted) titled in the name of defendant [s] or in which you believe defendant [s] have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney' s account, or otherwise. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . 10. a. At the time you were served or at any subsequent time, did you have any other contractual relationships with or other obligations to defendant [s] , and if so, detail every position and condition, and report the performance of the same. NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . N1►� 11. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant [s] have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy, or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. N b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . 12. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant [s] have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) . Nr Ream, Carr, Markey & Woloshin, LLP 7 DATE: G �� J n N. Ilia t Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of i r fit C111(lb"r, TH E P F�01-H 0 N 0 TA R)� Jody S Smith Chief Deputy o 20 i 3 OCT -4 AM 104 11 L Richard W Stewart 'CUMBERLAND GWKY Solicitor OFFICE OF TVE PERIPP U PENNSYLVANIA Penn Waste, Inc. Case Number vs. Mid Penn Awnings &Tinting LLC 2013-5517 SHERIFFS RETURN OF SERVICE 10/02/2013 11:30 AM-Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Beverly McPherson, Office Manager,who accepted as"Adult Person in Charge"for the within named Defendant,to wit: Mid Penn Awnings&Tinting LLC at 4620 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, informed person of contents of same. NO levy completed at this time; all inventory is located at a warehouse off-premises at 5233 Simpson Ferry Road, Mechanicsburg, PA 17055. President Joe Sullenberger is supposed to be calling in to make arrangements to pay off. DAWN KELL, DEPUTY SO ANSWERS, October 03, 2013 R-ONW R ANDERSON, SHERIFF (c)CouritySuite Sheriff,Teleosoft,Inc. ., IIZ Be John N Elliott, Esq.Woloshin, LLP 7673 Dec ��Y 0 ID# 82818 Y Dec _ , 3 p 119 East Market Street '�J�Et� : 3> (717) 843-8968 'ENNS) CQUII1y Fax(717) 846-4999 N/A PENN WASTE, INC., • Court of Common Pleas Plaintiff Cumberland County • vs. • No. 2013-5517 • MID PENN AWNINGS & TENTING . LLC, Defendant • and • • MEMBERS 1ST FCU, • Garnishee • PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of plaintiff and against the above-named garnishee, Members 1st FCU, in the sum of$821.82, subject to any funds covered by statutory exemption per 42 Pa.C.S. §8123, the amount garnishee has admitted in its answers to interrogatories as being owing to the defendant and that is not greater than the sum due from defendant to plaintiff. Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee. I certify that the precise addresses of plaintiff, defendant, and garnishee are as follows: Penn Waste, Inc. P.O. Box 3066 York, PA 17402 ark{ 116 .6 o►¢.h. CICt70/W g# 992909 k)b )ct fly iescJ Mid Penn Awnings & Tinting LLC 4620 Carlisle Pike Mechanicsburg, PA 17050 Members 1St FCU 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 John N. Elliott, Esq. Ream Can Markey & Woloshin, LLP 119 E. Market Street York, PA 17401 JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOV NOTICE GI N ' U TO Pa.R. 236 k _ Proths,.r. - " ►' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE,INC., No. 2013-5517 Plaintiff • vs. MID PENN AWNINGS & TENTING LLC, Defendant and MEMBERS 1sT FCU, Garnishee NOTICE OF ENTRY OF JUDGMENT (X) Notice is hereby given that a 'udgment in the above-captioned matter has been entered against you on er , 3 i/3 in the amount of$821.82, plus costs of suit. (X) A copy of all documents filed with the Prothono in s ort !rc,, he withi judgment are enclosed. V tSi- 0), 10,gtlibR',' S ? Prothonotary of Cumberland County Civil Division By: If you have any questions regarding this Notice,please contact the filing party: John N. Elliott, Esq. Attorney for Plaintiff 119 E. Market Street York, PA 17401 717-843-8968 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Members 1St FCU 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 4101te,,, Jody S Smith Chief Deputy Richard W Stewart Solicitor Penn Waste, Inc. Case Number vs. 2013-5517 Mid Penn Awnings &Tinting LLC SHERIFF'S RETURN OF SERVICE 09/25/2013 12:49 PM- Noah 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, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Laurie Shultz, Member Service Representative, personally two (2)true and attested copies of the Writ of Execution and made the contents there of known to her. NO INTERROGATORIES WERE SERVED AS NONE WERE RECEIVED. 10/02/2013 11:30 AM- Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Beverly McPherson, Office Manager,who accepted as"Adult Person in Charge"for the within named Defendant, to wit: Mid Penn Awnings&Tinting LLC at 4620 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, informed person of contents of same. NO levy completed at this time; all inventory is located at a warehouse off-premises at 5233 Simpson Ferry Road, Mechaniscburg, PA 17055. President Joe Sullenberger is supposed to be calling in to make arrangements to pay off. 12/30/2013 Ronny R. Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as SATISFIED. Plaintiffs attorney was able to collect full judgment amount frm bank garnishment. SHERIFF COST: $126.56 SO ANSWERS, December 30, 2013 RONIW R ANDERSON, SHERIFF kto f c 366°4: : ��