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