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HomeMy WebLinkAbout14-0460 t. - _ r �Iq- q lY( C A - l COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND ry _ Case Mag. Dist. No: MDJ- 09 -1 -01 - Jack Williams Tire Co. Inc. MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Precision Automotive Service Center Camp Hill, PA 17011 19 t4 s J'va &. 0O�rri Sbwj I P11 1`1103 Telephone: 717- 737 -3434 Jack Williams Tire Co. Inc. Docket No: MJ- 09101 -CV- 0000193 -2013 P.O. Box 3655 Case Filed: 5/16/2013 c - Scranton, PA 18505 � -..3 -' � ° Slit V41 F bone ),f, Est IS 1 publ , c u4,•a M I ''. W i I IGC.S 7�jOl�Y`e 7 �f�i �' 7 01 0 C :) Disposition Summary Docket No Plaintiff Defendant Disposition � �-Dis Wsition Date MJ-091 01 -CV-00001 93-2013 Jack Williams Tire Co. Inc. Precision Automotive Service Default Judgment for Plainti 06121/2013 Center Judgment Summary Participant Joint/Several Liability Individual Liability Amount Jack Williams Tire Co. Inc. $0.00 $0.00 $0.00 Precision Automotive Service Center $0.00 $5,868.82 .$5,868.82 Judgment Detail ( "Post Judgment) In the matter of Jack Williams Tire Co. Inc. vs. Precision Automotive Service Center on 6/24/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,687.32 $5,687.32 Costs $0.00 $181.50 $181.50 Grand Total: $5,868.82 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 JUDGMENTITRANSCRIPT 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. \ 6/21/2013 -� Date Magisterial District Judge Charles A. Clement Jr. certify that this is a true and correct copy of the record of e proceedings con imng t e lu gment. 9/9/2013 . Date Magisterial District Judge MDJS 315 Page 1 of 2 n �� d aS Prin d: 09/09/2013 2:25:36PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ❑ Confessed Judgment . ErOther VS. File No. • Sa.c- 1�' 1tVS `T rr Co Plaintiff re CIS 1 asn41--4-J Se of e. Amoun Te.v.te (' Defendant Interest Address: 19 LiS .37.t 114. S+r'e>✓+ rr-isbu.r5 p/ 4 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 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 Cl,t, b.P r (Q,N County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CLt l C\ at" d 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 copies of lengthy personalty list) \e-4-r'o 1- y\ _ 3So I a) +r A Stree-+ 1.4a rrrsbu rg 7' 4 / I ( -SuSCbueAlanr\& Y\K — 11a 1114rgam* Sic# %tcrr'is b4.r`j P4 1'11°1 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date /a- 3 / - Signature: ovr sa9,e4)rel k. as t- �b aS pd a a Print Name: Address: Attorney for: Telephone: Supreme Court IW -1Z\ -11c V- • 4-4mm-•0/ i% A/ttoC 16 Pablic Sq. Sudt ,Z1 Watker-&nc, O# 18-7*, 5acR I../aieLryts T 67' - 813 - o/a/ ID No: 0_,Lil a(1( )4- 3/?6/6 1),d6 fl 4'C E.,)c I, el 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 JACK WILLIAMS TIRE CO. INC. Vs. PRECISION AUTOMOTIVE SERVICE CENTER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-460 Civil Term CIVIL ACTION.— LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against PRECISION AUTOMOTIVE SERVICE CENTER, 1945 JULIA STREET, HARRISBURG, PA 17103 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANKGARNISHEE(S), as garnishee, 3801 PAXTON STREET, HARRISBURG, PA 17111 SUSQUEHANNA BANK - 112 MARKET STREET, HARRISBURG, PA 17101 (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. 1 (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. Amount Due $5,868.82 Interest $145.00 Attorney's Comm. % $600.00 Attorney Paid $60.25 Date: 11/4/14 (Seal) REQUESTING PARTY: Name : SAMUEL A. FALCONE, JR Address: 15 PUBLIC SQUARE, SUITE 210 WILKES-BARRE, PA 18711 . Attorney for: PLAINTIFF Telephone: 570-823-0101 Supreme Court ID No. 89226 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $279.00 David D. Buell, Prothonotary 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF ~UMBERLAND:irC- y 9O/4mU"12 �7 p� �; ' '' � u, --''= Ty PENNSYLVANIA Jack Williams Tire Co., Inc. vs. Precision Automotive Service Center Case Number 2014-460 SHERIFF'S RETURN OF SERVICE 1107/2014 03:22 PM - Christopher Sharpe, 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, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Suzzanne R. Yingling, Senior Customer Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writof Execution and made the contents there of known to her. CHRISTOP R SHARPE, DEPUTY SO ANSWERS, November 10, 2014 RONNYRANDERSON, SHERIFF CountySuite Sheriff, Teleosoft, inn. SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson _ � |_F�/ E0-MFF/Cc Sheriff^�� �. H- pROTHONOTA-v Jody SGmdh Chief Deputy Richard VVStevvmrt Solicitor C11111 IGe01'WEi��r 2014 NOV k� ^"...,", .� PM 2: 57 CUMBERLAND COUNTY PENNSYLVANIA Jack Williams Tire Co, Inc. vs. Precision Automotive Service Center Case Numbe 2014-460 SHERIFF'S RETURN OF SERVICE 1107/2014 03:33 PM - Christopher Sharpe, Deputy, who being duly sworn according to |aw, 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, Susquehanna Bank, 330 York Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Cortney Marks, Branch Operations Sup., 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 wrof execution and notice to defendant was mailed on November 12, 2014 to Precision Automotive Service Center at 1945 Julia Street, Harrisburg, PA 17103. November 10, 2014 (c) CountySuite Sheriff, Teleosoft, SO ANSWERS, Samuel A. Falcone Jr., Esquire Identification No. 89226 Law Offices: Caverly, Shea, Phillips & Rodgers, LLC 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 ie,t1 ti 2: 146 JACK WILLIAMS TIRE CO. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION -LAW PRECISION AUTOMOTIVE SERVICE: CENTER METRO BANK Defendant Garnishee NO. 00460 OF 2014 swers INTERROGATORIES TO THE ABOVE NAMED GARNISHEE TO: METRO BANK, Garnishee (3801 Paxton Street, Harrisburg, PA 17111): 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. 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were You liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reasons? No Accounts 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 and one or more other persons any property of any nature owned solely or in part by the Defendant? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owed by the Defendant or in which the Defendant held or claimed any interest? n o 4. At the time you were served or any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? no 5. 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 therefor? no 6. 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 the Defendant's direction or otherwise discharge any claim of the Defendant against you? I10 Respectfully submitted, Samuel A. Falcone, Jr., Esquire Attorney I.D. No. 89226 Caverly, Shea, Phillips & Rodgers, LLC 15 Public Square Suite 210 Wilkes -Bane, PA 18701 (570) 823-0101 Attorney for Plaintiff Jack Williams Tire Co. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Samuel A. Falcone Jr., Esquire Identification No. 89226 Law Offices: Caverly, Shea, Phillips & Rodgers, LLC 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 JACK WILLIAMS TIRE CO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v. CIVIL ACTION -LAW PRECISION AUTOMOTIVE SERVICE : CENTER SUSQUEHANNA BANK Defendant : Garnishee NO. 00460 OF 2014 ana,oef INTERROGATORIES TO THE ABOVE NAMED GARNISHEE TO: SUSQUEHANNA BANK, Garnishee (112 Market Street, Harrisburg, PA 17101): 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. 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reasons? No. 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 and one or more other persons any property of any nature owned solely or in part by the Defendant? No, 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owed by the Defendant or in which the Defendant held or claimed any interest? No. 4. At the time you were served or any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? No. 5. 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 therefor? No. 6. '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 the Defendant's direction or otherwise discharge any claim of the Defendant against you? No. Date: Respectfully submitted, Samuel A. Falc -.0ire • Attorney I.D. No. 89226 Caverly, Shea, Phillips & Rodgers, LLC 15 Public Square Suite 210 Wilkes-Barre, PA 18701 (570) 823-0101 Attorney for Plaintiff Jack Williams Tire Co. VERIFICATION I, Grant W. Schonour, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: November 14, 2014 Gran . Schonour, Assi t. t Secretary and Leg. Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6411