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Home My WebLink About14-7278 i s 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RANDY S. CLEMENS t/a K.C.R. ) PROFESSIONAL BUILDING SERVICE, ) No: C-) n. -11 c , Petitioner ) :r- = � CD REALTY MANAGEMENT, INC. ) ;; 79 CD RespondentCn ) �` .._ — i PRAECIPE FOR JUDGMENT ` Enter Judgment in favor of Plaintiff, Randy S. Clemens t/a K.C.R. Professional Building Service, and against the Defendant, ReaLty Management, Inc., for want of judgment entered in the Court of Common Pleas of Lehigh Count on November 21, 2014 at docket number 2014-C-3259 (Certification of Judgment attached). (X) Assess damages as follows: Debt $ 56,811.22• Interest from 11/20/14 to 12/15/14 $ 216.58* *PER DIEM$8.330 Penalty from 11/20/14 to 12/15/14 $ 219.70** **PER DIEM$8.4487 Additional Costs $ 33.50 TOTAL $ 57,281.00 ( ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of record. ( ) Pursuant to Pa. R.C.P. 237.1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days pri the date of filing of this praecipe and a copy of the notice is attached. Date: fes' S_l l Signature: Print Name: PATRICK J. KEILLY,ESQUIRE Attorney for: Petitioner Address: P.O. Box 4060, Allentown,PA 18105-4060 Telephone: (610) 820-5450 Supreme Court ID No: 32235 NOW, 2014,JUDGMENT IS ENTE D A B0* . Prothonotary/C1 vIl &1s on' By: _ Deputy e314.7/3 1�4ie�rnallc� IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION Randy S Clemens, Trading As K C R Professional Building Service -VS - File No: 2014-C-3259 Realty Management Inc CERTIFICATION OF JUDGMENT Pursuant to applicable judgment acts,* 1,the undersigned Clerk of Judicial Records of Lehigh County, Commonwealth of Pennsylvania, do hereby certify that the judgment in the above case was entered in favor of Randy S Clemens, Trading As K C R PO Box 55 Professional Building Service Milford Square, PA 18935 And against Realty Management Inc Suite 203 5006 East Trindle Road Mechanicsburg, PA 17050 On the 21 st day of November, 2014, in said case in the amount of$56,811.22. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 2nd day of December, 2014 Andrea E. Naugle Lehigh County Clerk of Judicial Records By: Uniform Enforcement of Foreign Judgments Act CV6 Pa.R.C.P.3002(a) 42 PA.C.S.A.4306 (rev.12/99) .1 I1 Deputy Uniform Enforcement of Foreign Judgments Act CV6 Pa.R.C.P.3002(a) 42 PA.C.S.A.4306 (rev.12/99) IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY,PENNSYLVANIA-CIVIL DIVISION CASE SUMMARY CASE No. 2014-C-3259 Randy S Clemens,Trading As K C R Professional § Location: Civil Building Service § Judicial Officer: Reibman,Edward D. -VS- § Filed on: . 10/09/2014 Realty Management Inc § CASE,INEOR IA ION Statistical Closures Case Type: Miscellaneous Other 11/07/2014 Default Judgment Case Flags: Electronically Filed Case PARTNAN11.0101AITON Attorneys Plaintiff Clemens,Randy S Reilly,Patrick J,Esq Trading As K C R Professional Building Service Retained PO Box 55 610-820-5450(W) Milford Square,PA 18935 Defendant Realty Management Inc Suite 203 5006 East Trindle Road Mechanicsburg,PA 17050 DATE: EVIATS&- ORDERS OF T111'('01.11T INDEX DISPOSITIONS 11/10/2014 CONFIRMED OUTSIDE ARB AWARD 9:45 AM Status:Active,Debtor:Realty Management Inc,Creditor:Randy S Clemens,TA K C R Professional Building Service,Amount:$55,763.01 11/21/2014 JUDGMENT 10:50 AM Status:Active,Debtor:Realty Management Inc,Creditor:Randy S Clemens,TA K C R Professional Building Service,Amount:$56,811.22 EVENTS 10/09/2014 Electronically Filed Case 10/09/2014 Miscellaneous Other Civil Cover Sheet 10/09/2014 0 New Action Petition to confirm arbitration award.Filed by P J Reilly,Esq for pltf.Exhibits attached 11/10/2014 0 Order Now, 11/7/14, the award entered is hereby Confirmed.Judgment is entered in favor of Petitioner and against Respondent in the amount of$55,763.01.See orig.By the Court:/s/E D Reibman,J. 236 notice&copies mld 11/10/14. Confirmed arbitration award entered vs/respondent in the amt of$55,763.01. 11/21/2014 a Praecipe to Enter Judgment Judgment entered pursuant to Order entered 11/7/14 in favor of pltf&against dit in the amount of$56,811.22,Important notice(s)attached. Copy&236 Notice mailed 11/21/14. 12/02/2014 Certification of Judgment to Cumberland County,PA.Exit DATE FINANCIAL INFORMATION PAGE I OF 2 Printed on 12/0212014 at 10:1'8 AM ' IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY,PENNSYLVANIA-CIVIL DIVISION CASE SUMMARY CASE No. 2014-C-3259 Plaintiff Clemens,Randy S Total Charges 203.00 Total Payments and Credits 183.00 Balance Due as of 12/2/2014 20.00 10/09/2014 Charge Plaintiff Clemens,Randy S 164.50 10/09/2014 E-File Electronic Receipt#E-2014-01282 Plaintiff Clemens,Randy S (164.50) Payment 11/21/2014 Charge Plaintiff Clemens,Randy S 18.50 11/21/2014 E-File Electronic Receipt#E-2014-01517 Plaintiff Clemens,Randy S (18.50) Payment 12/02/2014 Charge Plaintiff Clemens,Randy S 20.00 I,Arrtr2a E.Naugle,Clerk of Judicial Records of the Court of Common Pleas of Lehigh County, Allentown, PA do certify that this is a true and correct copy of the original record filed in said Court. Andrea E.Naugle,Clerk of Judicial Records Lye•Q,Q.�— Date U Deputyw ;i PAGE 2 OF 2 Printed on 12/02/2014 at 10:18 AM FILED 11/21/2014 10:50:56 AM,Clerk of Judicial Records, Civil Division, Lehigh County, PA 2014-C-3259 /s/C 6 IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION RANDY S. CLEMENS t/a K.C,R, ) PROFESSIONAL BUILDING SERVICE, ) No: 2014-C-3259 Petitioner ) V. ) REALTY MANAGEMENT, INC. ) Respondent ) PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Randy S. Clemens t/a K.C.R. Professional Building Service, and against the Defendant, ReqLty Management, Inc., for want of an Order entered by this Court on November 7,2014(Order attached). (X) Assess damages as follows: Debt $ 55,763.01 1merest from 9/30/14 to 11/19/14 $ 424.83* *PER DIEM 58.330 Penalty from 9/30/14 to 11/19/14 $ 430.88** "PER DIEM 58.4487 Cost per Order $ 171.50 Additional Costs $ 21.00 TOTAL $ 56,811.22 ( ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa, R.C.P. 237(notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other parry who has appeared in the action or to his/her Attorney of record. ( ) Pursuant to Pa. R.C.P. 237.1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any,after the default occurred and at least tend s prior to the date of filing of this praecipe and a copy of the notice is attached. Date: ` Z `` Signature: Print Name: PATOJ. REILLY, ESQUIRE Attorney for: Petitioner Address: P.O. Box 4060 Allentown PA 18105-4060 Telephone: ,(610) 820-5450 Supreme Court ID No:32235 NOW, Nov 21 ,2014,JUDGMENT IS ENTERED AS ABOVE. 236JUdgmantl' lee Andrea E. Naugle &CM0fCltM*t`l9 Prothonotary/Clerk,Civil Division MWIed to dit cb Oats'11/21 A2,0114a E.Pdaugle,Clerk of Judicial Records of tthzQurt of Common Pleas of Lehigh County, Allentown, PA do Deputy bYe1 that this is a true and correct copy of the original record filed in said Court. Andrea E.Naugle,Clerk of Judicial Records ate Deputy FILm1911VO�k141®;$®;��/QIQ�,��td�dlsfJ+lf�4l �ff �irl�D�iKi�!��§t�ii�6up ; PA . --------- ON-PLEA NEMVHRGIbT � PNSYLVAIIA: CIVIL DIVISION RANDY S,CLEMENS tial KC.R ) . PROFESSIONAL BUILDING SERVICE, ) No: c-3z5 q Petitioner ) V. ) REAL'T'Y MANAGEMENT,INC. ) Respondent ) OAR AND NOW, this __._day of 2014, upon consideration of the Petitioner's.Petition to Confirm Arbitration Award m response thereto and good cause appearing therefore, -IT IS HEREBY ORDERED and DECREED that the Award entered by the panel of arbitrators in the above captioned matter is hereby CONFIRMED in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $55,763.01,together with interest on the balance due under the.contract, interest on the interest on the balance due under the contract, interest,on the counsel fees and interest: on the costs accruing on a per diem of$5.330 per day on and atter September 30,2014,plus a penalty on the balance due under the contract on a per diem basis of$8.4487 on and after September 30,2014 together with costs in the amount of$171.50. BY THE C By: . J FILED 11/21/2014 10:50:56 AM,Clerk of Judicial Records, Civil Division, Lehigh County, PA 2014-C-3259 /s/C B IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY,PENNSYLVANIA RANDY S.CLEMENS t/a K.C.R. ) PROFESSIONAL BUILDING SERVICE, ) No: 2014-C-3259 Petitioner ) } V. ) REALTY MANAGEMENT,INC. ) Respondent ) . ADDRESS CERTIFICATION I hereby certify that the precise address of the Plaintiff is: PO Box 55 Milford Square,PA 18935 The precise address of the Defendant is: 5006 East Trindle Road, Suite 203 Mechanicsburg,PA 17050 GROSS MCGINLE BY: PATRICK J. IL ,ESQUIRE ID No: 3223 Attorney for Petitioner 33 South 7th Street PO Box 4060 Allentown,PA 18105-4060 Telephone: (610)820-5450 Fax: (610)820-6006 00675975.DOCX 5 FILED 11/21/2014 10:50:56 AM,Clerk of Judicial Records, Civil Division, Lehigh County, PA 2014-C-3259 /s/C B • IN THE COURT OF COMMON PLEAS OF LEI-IGH COUNTY,PENNSYLVANIA RANDY S.CLEMENS t/a K.C.R. ) PROFESSIONAL BUILDING SERVICE, ) No: 2014-C-3259 Petitioner ) V. ) REALTY MANAGEMENT,INC. ) Respondent ) NOTICE OF FILING JUDGMENT (X) Notice is hereby given that Judgment in the above-captioned matter has been entered against you, REALTY MANAGEMENT, INC., in the amount of $56,811.22 on Nov 21 2014. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ANDREA E.NAUGLE Prothonotary/Clerk,Civil Division BY: cb If you have any questions regarding this NOTICE,please contact the filing party: Name:PATRICK J. REILLY,ESQUIRE ID No: 32235 GROSS MCGINLEY,LLP 33 South Seventh Street P.O.Box 4060 Allentown,PA 18105-4060 Telephone: (610)820-5450 Fax: (610)820-6006 (This Notice is given in accordance with Pa.R.C.P. 236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION RANDY S. CLEMENS t/a K.C.R. ) PROFESSIONAL BUILDING SERVICE, j No: �'g Gl✓✓1 �l Petitioner ) V. ) REALTY MANAGEMENT,INC. ) Respondent ) ADDRESS CERTIFICATION I hereby certify that the precise address of the Plaintiff is: PO'Box 55 Milford Square,PA 18935 The precise address of the Defendant is: 5006 East Trindle Road, Suite 203 Mechanicsburg,PA 17050 GROSS MCGINLEY, BY: PATRICK J. LY ESQUIRE ID No: 32235 Attorney for Petitioner 33 South 7th Street PO Box 4060 Allentown,PA.18105-4060 Telephone: (610) 820-5450 Fax: (610) 820-6006 00679010.DOCX 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RANDY S. CLEMENS t/a K.C.R. ) PROFESSIONAL BUILDING SERVICE, ) No: 0",vliTerm Petitioner ) Debt: $57,281.0 V. ) Cost: $ 17 .00 REALTY MANAGEMENT, INC. Respondent ) Interest to rue from 12/15/1 at .330 per diem C1z v. P alty to accru from M&T BANK, ) 12/15/14 at$8.4 87 p r diem I PP1 Garnishee ) Pg Gam" 1. r cort8 •�� . �1 TO THE CLERK OF COURTS-CIVIL DIVISION: a � 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. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the respondent(s): Any and all personal property of the Respondent, Realty Management, Inc., located at 5006 East Trindle Road, Suite 203. Mechanicsburg,PA 17050. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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): Any and all bank accounts, including but not limited to account number 3741048882, or any other accounts of deposit or otherwise in the name of Realty Management, Inc., at M & T Bank, 5528 Carlisle Pike Mechanicsburg,PA 17050-2413 and all other property of the respondent (s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the respondent(s)described in the attached exhibit. DATE: DECEMBER l 5,2014 GROSS MCGIN - ,LLP 4aa.00 PA Arra/ BY: 433.5o C L r PATRI J ILLY, ID No: 32235 (o 50 PO Attorney or Plaintiff 33 South 7th Street,PO Box 4060 Allentown, PA 18105-4060 a ��/y Phone: (610) 820-5450 l o Fax: (610) 820-6006 •�D LL . (. 3�783 12-31-' 14 11 :02 FROM- GMLE 610-820-6006 T-494 P0002/0002 F-658 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION l� RANDY S. CLEMENS t/a K.C.R. ) No: 14-7278 Civil Term PROFESSIONAL BUILDING SERVICE, ) Petitioner ) Debt: $56,811.22 Interest: $ 216.58* V. ) (11/20/14-12/15/14) Penalty: $ 219.70** REALTY MANAGEMENT,INC. ) (11/20/14-12/15/14) Respondent ) *Interest to accrue from V. ) 12/15/14 at$8.330 per diem M&T BANK, ) **Penalty to accrue from Garnishee ) 12/15/14 at$8.4487 per diem TO THE CLERK OF COURTS-CIVIL DIVISION: 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. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the respondent(s): Any and all personal Aroaerty of the Respondent, Realty Management, Inc., located at 5006 East Trindle Road, Suite 203 Mechanicsburg,PA 17050. " PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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): Any and all bank accounts, including but not limited to account number 3741048882, or any other accounts of deposit or otherwise in the name of Realty Management Inc at M & T Bank 5528 Carlisle Pike, Mechanicsburg,PA 17050-2413 and all other property of the respondent(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the respondent(s)described in the attached exhibit. DATE: DECEMBER 15,2014 GROSS WGINs E LLP BY: PATRICK .REILLY, ID No: 32235 Attorney for Plaintiff 33 South 7th Street,PO Box 4060 Allentown, PA 18105-4060 Phone: (610)820-5450 Fax: (610)820-6006 Of �U > �F z THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA a DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 170 (717)240-6195 www.ccpa.net RANDY S.CLEMENS t/a/ K.C.R.PROFESSIONAL BUILDING SERVICE Vs. NO 14-7278 Civil Term REALTY MANAGEMENT, INC CIVIL ACTION—LAW WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against REALTY MANAGEMENT,INC,5006 East Trindle Road,Su46 203,Mechanicsburg,PA 17050, Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; Any and all personal property of the respondent,Realty Management,Inc, located at 5006 East Trindle-; Road,Suite 203,Mechanicsburg,PA, 17050. (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK, 5528 Carlisle Pike, Mechanicsburg, PA 17050-2413, GARNISHEE(S), as garnishee, any and all bank accounts, including but not limited to account number 3741048882, or any other accounts of deposit or otherwise in the name of Realty Management, Inc. (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 1 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 $56,811.22 Plaintiff Paid Interest.]1/20/14-12/15/14 -- $216.58 Law Library $.50 Penalty 11/20/14- 12/15/14 -- $219.70 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $62.50 Other Costs *Interest to accrue from 12/15/1.4 @$8.330 per diem *Penalty to accrue from 12/15/14 @$8.4487 per diem Date: 12/17/14 David D.Buell,Prothonotary Deputy REQUESTING PARTY: • Name :PATRICK J.REILLY,ESQUIRE Address: GROSS McGINLEY,LLP 33 SOUTH 7TH STREET,PO BOX 4060 ALLENTOWN,PA 18105-4060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Supreme Court ID No.32235 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 CUMBERLAND COUNTY OFFICE OF THE &HERIFF 21515 JAN --9 PH 314 CUMBERLAND COUNTY PENNSYLVANIA Randy Clemens t/a K.C.R. Professional Bulling Service vs. Realty Management, Inc. Case Number 2014-7278 SHERIFF'S RETURN OF SERVICE 01/07/2015 03:03 PM - Jamie DiMartile, 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, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joy Mathna, Senior Teller, 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. January 08, 2015 (ci CountySuito Sheriff, Teleosoft, inc. JAMIE DIMARTILE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF