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HomeMy WebLinkAbout14-4828 s , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. 4 Plaintiff : No. VS. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA an CIVIL ACTION Defendants PRAECIPE FOR TRANSFER OF JUDGMENT ' ;°C { TO THE PROTHONOTARY, CUMBERLAND COUNTY: Co Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal, within 30 days, a judgment entered April 29, 2014 against the above-named defendant(s) before District Justice William I. Maruszczak, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount $4,710.55 Total $4,710.55 Dated: August 8, 2014 AMATO KEATING A ES , P.C. By: ichael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 ���� ��• � '�� (610) 866-0400 Ll rn= A DEBT COLLECTION LAW FIRM ar__� 2132419 309 00af ;:liar COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil %COUN!�Y OF MONTGOMERY Case Mag.Dist.No: MDJ-38-1-09 HIBU INC:f/k/a YELLOWBOOK INC.f/k/a MDJ Name: Honorable William I.Maruszczak YELLOW BOOK SALES AND DIST. CO. ,,INC. Address: 485 South Henderson Road V. King of Prussia,PA 19406 Andrew Horton, TALES PIE LLC D/B/A JABRONEE'S PIZZA ALSO D/B/A YEAH Telephone: 610-.265-3950 -BUDDY'S OTHER PIZZA Michael R. Lessa, Esq. Docket No: MJ-38109-CV-0000173.2014 Amato Keating and Lessa, P.C. Case Filed: 3/25/2014 107 North Commerce Way Bethlehem, PA 18017 Disposition Summary (--cross complaint) pocket No Plaintiff an Disposition Disposition Date MJ-38109-CV-0000173-2014 HIBU INC.f/k/a YELLOWBOOK Andrew Horton Judgment for Plaintiff 04/29/2014 INC.f/k/a YELLOW BOOK SALES AND DIST.CO.,INC. MJ-38109-CV-0000173-2014 HIBU INC.f/k/a YELLOWBOOK TALES PIE LLC D/B/A Judgment for Plaintiff 04/29/2014 INC.f/k/a YELLOW BOOK JABRONEE'S PIZZA ALSO SALES AND DIST.CO.,INC. DB/A YEAH BUDDY'S OTHER PIZZA Judgment Summary. Participa0JoinVSeveral Liability: Individual Liability. Amount Andrew Horton .$4,710:55 $0.00 $4,710.55 HIBU INC.f/k/a YELLOWBOOK INC.f/k/a $0.00 $0.00 $0.00 YELLOW BOOK SALES AND DIST.CO., TALES PIE LLC D/B/A JABRONEE'S PIZZA $4,710.55 $0.00 $4,710.55 ALSO DB/A YEAH BUDDY'S OTHER PIZZA Judgment Finding ('Post Judgment) In the matter of HIBU INC.f/k/a YELLOWBOOK INC.f/k/a YELLOW BOOK$ALES.AND.DIST."CO. , INC.vs.Andrew Horton;TALES PIE LLC DB/A JABRONEE'S PIZZA ALSO D/B/A YEAy;$#4J`l > Y` THER ?t R jolt;M .38t09-CV-00001732014,on 4/29/2014 the Judament Component JolntlSeveral Liability individual I j2bility De op sit Applied 8rngjjn Costs $175.50 moo $175.50 Civil Judgment $4,535.05 $0.00 $4,535,05 Grand Total: $4,710.55 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.APR�L, EXCEPT AS OTHERWISE PROVIDED IN THE RULES:*0rt.0M/dl?I�kkl �1� ..rW.. t tSTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE.COURT OF COMMON PLEAS;•'AL 'Fl1R : R'PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THEM 'GISTERIAL•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. Date Magisterial Dislrict,Judge William I.Maruszczak MDJS 315 Pagel of 3 Printed 05/07/2014 1 1:09:39AM 96 RIBU INC. f/k/a YELLOWBOOK INC, f/k/a Docket No.: MJ-38109-CV-0000173-2014 ,.Y�-ti&OW BOOK SALES AND DIST. CO. , INC. V. Andrew Horton, TALES PIE LLC D/B/A JABRONEE'S PIZZA ALSO D/B/A YEAH BUDDY'S OTHER PIZZA certify that this is a true and correct copy of e record of the proceedings containing Me judgment. Date Magisterial District Judge i r rTl r G 's e.. MDJS 315 Page 2 of 3 Printed:05/07/2014 11:09:39AM AFFIDAVIT OF NO APPEAL August 8, 2014 HIBU INC. f/k/a YELLOWBOOK INC. f/k/a District Justice �- YELLOW BOOK SALES AND DISTRIBUTION Docket Number: COMPANY, INC. CV-173-14 VS. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA r-) C-- As of August 8, 2014, a District Justice appeal has not been filed in the Court o Common Pleas of Montgomery County in the above captioned matter. -� ~- AMATO KEATING AN A, P.C. By. '�-► ichael R. sa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. U 1 �yga� Plaintiff No. 1 VS. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA CIVIL ACTION Defendants CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 2001 Renaissance Blvd KING OF PRUSSIA, PA 19406 1 do certify that the precise last known address of the within named defendants is: Jabronee's Pizza & Buffet 314 South 10th Street Lemoyne, PA 17043 Andrew Horton 310 South 10th Street Lemoyne, PA 17043 AMATO KEATING AND A, P.C. By: M+Kael R. Lessa, Esq., tty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203,922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. , `l VS. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA CIVIL ACTION Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON : The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Andrew Horton is over 18 years of age, resides at 310 South 10th Street Lemoyne, PA 17043. Sworn to and subscribed before me this?4-1, day of 2014 A. Jos NOTARYPUBL r) COMMONWEALTH OF PENNSYLVANIA Notarial Seal MICheflE C.Bright,Notary ieFNOTARIES Glty 6f Bethlehem,Northampto My GaFi'Mission Expires June MEMBER:nERh�VANIA AScBFygTi6N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff ; N j Y r oil VS. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA CIVIL ACTION Defendants NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $ q?10.SSON ". I'f, 2014. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONO RY - UMBERLAND COUNT Per: If you have any questions concerning the above, please contact the undersigned. AMATO KEATING SA, P.C. By: Mic ael . Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURt OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hipu INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff vs. ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA 31q.S. 10,5+. Lefttocitiel?ti 17Defendant(s) No. 14-4828 Civil PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) To the Prothonotary of Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal property belonging to the above- named defendant(s). (2) against ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA, Defendant(s) (3) and against Garnishee(s) (4) and index this writ (a) against Defendant(s) and (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 the property) (5) Amount Due Statutory Interest From August 14, 2014 Less Payment Costs Poundage Total Date:Auqust 22, 2014 303 sa8-- a 31.1‘ Uf $4,710.55 $ 10.02 $ 0.00 $ $ $ 4,720.57 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 07 North Commerce Way Bethlehem, PA 18017 #s-7 36.2 (610) 866-0400 A DEBT COLLECTION LAW FIRM gilt DO PO 7 (k)1C( Eceeteic;ti 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 HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Vs. NO 14-4828 Civil Term. CIVIL ACTION — LAW ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ANDREW HORTON and TALES PIE LLC d/b/a JABRONEE'S PIZZA also d/b/a YEAH BUDDY'S OTHER PIZZA, 314 S. 10TH STREET, LEMOYNE, PA 17043 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (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 fmancial 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. Amount Due $4,710.55 Plaintiff Paid Interest STATUTORY INTEREST FROM AUGUST 14, 2014 - $10.02 Law Library $.50 Attorney's Comm. % Attorney Paid $59.75 Date: 09/08/14 (Seal) REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO, KEATING AND LESSA P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 Due Prothonotary $2.25 Other Costs 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 SHERIFF'S OFFICE OF'CUMBERLAND COUNTY RonnyRAnderson "I.LED- jF ICE Sheriff JP S PROTHONO TAR Jody S Smith 201ti SEP 18 D'4 2_ 04 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor Fs6IF r, PENNSYLVANIA HIBU Inc. F/K/A Yellowbook, Inc. F/K/A Yellowbook Sales and Distributi vs. Andrew Horton (et al.) Case Number 2014-4828 SHERIFF'S RETURN OF SERVICE 09/17/2014 06:16 PM - Deputies went to address provided; learned that defendant has since sold/abandoned the business. New owner is Brett Trout d/b/a B & B's Hopspot. 09/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED Defendant has sold/abandoned business - current whereabouts unknown. SHERIFF COST: $75.30 SO ANSWERS, September 18, 2014 RONNY R ANDERSON, SHERIFF oia2s--- a f/3> 3//.D_. (c) //.D - (c) C,ountySuite Sheriff, Teleosoft, Inc.