HomeMy WebLinkAbout05-5421ELENA HUIU IN THE COURT OF COMMON PLEAS
t1a ELENA'S HOME IMPROVEMENT, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. NO.: nS - S`9a.t ?L v?? 1?1L
LEONARD TAVERNE, CIVIL ACTION - LAW
DEFENDANT
PRAECIPE TO TRANSFER AND ENTER JUDGMENT
TO THE PROTHONOTARY:
Please transfer and enter judgment according to the Notice of Judgment entered by the
Honorable Charles A. Clement, Jr., on September 1, 2005. A true and correct copy is attached
hereto, the time for appeal having expired, and assess damages in favor of the Plaintiff and
against the Defendant as follows:
Amount of Judgment: $7,740.00
Judgment Costs: 170.50
Total: $7,910.50
Respectfully submitted,
JOHNSON, DUFFIE,,fDTEWART &
Date: 10 11 ZI 01?-
Att6rney I.D. No. 75f
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
(717) 761-4540
CERTIFICATE OF SERVICE
AND NOW, this - I Xll day of October, 2005, the undersigned does hereby certify that
he did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Leonard Taverne
20 North 17th Street
Camp Hill, PA 17011
Johnson, Duffie, Stewart &
By:
COMMONWEALTH OF PENNSYLVANIA
.UUIN I Y l
Mag, Dist. No,
09-1-01
MDT Name. Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNS COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
ATTORNEY FOR PLAINTIFF :
JOHNSON DUFFIE STEWAR& & WEIDNER
301 MARKET ST
MARK DUFFIE ESQ
LEMOYNE, PA 17043
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME mm ADDRESS
-ELENA HQI17/ELENA'S HOME IMPROVEMEl
9 1/2 W MAIN ST
SHIREMANSTOWN, PA 17011
L
VS.
DEFENDANT: NAME amd ADDRESS
rTAVERNE, LEONARD
20 NORTH 17TH ST
CAMP HILL, PA 17011
L
Docket No.: CV-0000264-05
Date Filed: 5/06/05
THIS IS TO NOTIFY YOU THAT:
rvsam m TntN+?tlT
Judgment PT TF
® Judgment was entered for: (Name) ar Min imTnINT-Rua l a RnMR ruponv
® Judgment was entered against: (Name) TAVRBMR r somann
in the amount of $ 7, 9i 0. 5A on: (Date of Judgment) 901 Inn
1-1 Defendants are jointly and severally liable.
Damages will be assessed on:
11 This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
0
Amount of Judgment $ 7,740.0
Judgment Costs $ 170.50
Interest on Judgment $ .00
0
Attorney Fees $ .0
Total $ 7,910.50
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total $
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 THE 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
JUDGEMENT 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.
911105 Date ? K7 ?1 ?' rMlagisterial'District Judge
I certify that this is a true arV'Nolrect co y of tWe r the p'e i (ys containing the judgment.
10/7/05 Date I`)J/ U agisterial'DistrictJudge
My commission expires first Monday of January, 2008 . v SEAL
AOPC 315-05 DATE PRINTED: 10107/05 12:03:44 PM
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149 Etc.
ELENA, 1HOIU t/a
ELENA'S HOME IWROVIIN MS
vs.
Plaintiff
LEONARD TAVERNE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No.
Term,
No. QS- 5'41 1 I Term,
Amount Due $ 7,910 00
Interest From September 1 P 2005
Defendant Attorney's Com.
Costs $ 170.00
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) Against Leonard Taverne
20 N 17th S rPPt, carp Hill. PA 17011 Defendant (s) ;
(3) and against
(s) ;
(4) and index this writ
(a) against Leonard Taverne
70 N 17Th St r Ca Hill, RA 1701t Defendant (s) and
(b) against
(s),
as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
Levy upon, attach and sell personal property of the Defendant, Leonard Taverne,
including all furniture, household goods, applicances, computers and other. movable
personalty situate at 20 North 17th Street, Camp Hill, PA 17011.
(5) Exemption has (not) been waived.
Date: November 2, 2005 f
Mark C4Duf ZAney for Pla' (s)
:125888
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a).
When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a Its pendens is desired. See
Rule 3104(c).
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5421 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ELENA HUIU T/A ELENA'S HOME
IMPROVEMENTS, Plaintiff (s)
From LEONARD TAVERNE, 20 N. 17TH STREET, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON, ATTACH
AND SELL PERSONAL PROPERTY OF THE DEFENDANT, LEONARD TAVERNE,
INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, COMPUTERS
AND OTHER MOVABLE PERSONALTY SITUATE AT 20 NORTH 17TH STREET, CAMP
HILL, PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) 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 $7,910.00
L.L. $.50
Interest FROM 9/1/05
Arty's Comm %
Any Paid $36.75
Plaintiff Paid
Date: NOVEMBER 15, 2005
Due Prothy $1.00
Other Costs $170.00
1
Prothonotary
(Seal)
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906
By:
Deputy
if
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149 Etc.
ELENA HUlU
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Ff FtA"q HT(1MF TMPROVU&M
Plaintiff
VS.
T T MrARD TAVFRNF
Defendant
Costs $ 170.00
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) Against I =n-a Tom. o
20 N. 17th Street, Camp Hill, PA 17011 Defendant (s) ;
(3) and against
Writ No. Term, 19
No. Ds-_ Sqa4__Term, 19
Amount Due $ 79910.00
Interest From September 1, 2005
Attorney's Com.
(s) ;
(4) and index this writ
(a) against T a+nard Tavern
70 N 17th Strom, CaW Hi T 1 PA 17011 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 property)
Levy upon, attach and sell personal property of the Defendant, Leonard Taverne,
including all furniture, household goods, applicances, computers and other movable
personalty situate at 20 N. 17th Street, Camp Hill, PA 17011.
(5) Exemption has (not) been waived.
Date: le t G6 l?
Mark C. Duff' Attorney raintiff (s)
:125888
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(6), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a).
When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(6).
Paragraph 4 (b) should be completed only if real property in the name of a gamishee is attached and indexing as a lis pendens is desired. See
Rule 3104(c).
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ELENA HUIU T/A ELENA'S HOME
IMPROVEMENTS, Plaintiff (s)
From LEONARD TAVERNE, 20 N 17 To STREET, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON, ATTACH
AND SELL PERSONAL PROPERTY OF THE DEFENDANT, LEONARD TAVERNE,
INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, COMPUTERS
AND OTHER MOVABLE PERSONALTY SITUATE AT 20 N 17TH STREET, CAMP HILL,
NO 05-5421 Civil
CIVIL ACTION - LAW
PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) 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 $7,910.00
Interest FROM 9/1/05
Atty's Comm %
Atty Paid $34.25
Plaintiff Paid
Date: JUNE 8, 2006
(Seal)
L.L.
Due Prothy $1.00
Other Costs $170.00
CURTIS L NG
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET PO BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs: Advance Costs: 150.00
Sheriff s Costs 76.14
Docketing 18.00 73.86
Poundage 1.50
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 5/16/06
Mileage 14.40
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage .74
Garnishee
TOTAL 76.14
x,0910 G .
cribedto fore me
Sworn and Su c3
this day V o Answers;
R. Thomas Kline, Sheriff
'
2006 A.D./" By
Prothonotary
U1
C!Z SY/G ?
? 17s9s?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5421 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ELENA HUIU T/A ELENA'S HOME
IMPROVEMENTS, Plaintiff (s)
From LEONARD TAVERNE, 20 N. 17TH STREET, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON, ATTACH
AND SELL PERSONAL PROPERTY OF THE DEFENDANT, LEONARD TAVERNE,
INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, COMPUTERS
AND OTHER MOVABLE PERSONALTY SITUATE AT 20 NORTH 17TH STREET, CAMP
HILL, PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) 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 $7,910.00
Interest FROM 9/1/05
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Date: NOVEMBER 15, 2005
L.L. $.50
Due Prothy $1.00
Other Costs $170.00
Prothonota
(Seal)
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906
By:
Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5421 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ELENA HUIU T/A ELENA'S HOME
IMPROVEMENTS, Plaintiff (s)
From LEONARD TAVERNE, 20 N 17TH STREET, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON, ATTACH
AND SELL PERSONAL PROPERTY OF THE DEFENDANT, LEONARD TAVERNE,
INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, COMPUTERS
AND OTHER MOVABLE PERSONALTY SITUATE AT 20 N 17TH STREET, CAMP HILL,
PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) 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 $7,910.00
Interest FROM 9/1/05
Atty's Comm %
Atty Paid $34.25
Plaintiff Paid
Date: JUNE 8, 2006
(Seal)
L.L.
Due Prothy $1.00
Other Costs $170.00
CURTIS R. LONG f
Prothonotary
By:
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET PO BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Deputy
Telephone: 717-761-4540
Supreme Court ID No. 75906
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned Expired.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
OF /"--2
Advance Costs: 150.00
Sheriff's Costs 74.44
18.00 75.56
1.46
1.00 Refunded to Atty on 02/22/07
13.20
20.00
20.00
.78
74.44 ? 3)011 10'114 .
So Answers;
?y
$ y
R. Thomas Kline; Sheriff /
4
B 0l,L,4
d
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
ELENA HUIU TEA
FLEWS HOME IMPROVEh1ENTS,
Plaintiff
VS.
LEONARD TAVERNA
? Confessed Judgment
® Other
File No. _.C)5- 54,21
Amount Due $7 410.99
Interest 0.11A)5 -StatntQz:y
Atty's Comm
Costs $170.00
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 Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Levy upon, attach and sell all personal property of the Defendant, Leonard
Taverna, including all furniture. household goods. apRli an G,_coomputers,
and other moveable personalty situate at 3916 Brisban Street,H rrisubrg, PA 17111.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens inst real st to of the
defendant(s) described in the attached exhibit.
Date -March 20, 2008 Signature:
Print Name: Mark C. uffie
Address: 301 Market Street, P.O. Box 109
Lemoyne, PA 17043
Attorney for: Plaintiff
Telephone: (717) 761-4540
Supreme court ID No: 75906
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5421 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF DAUPHIN COUNTY:
To satisfy the debt, interest and costs due ELENA HUIU t/a/ ELENAS HOME IMPROVEMENTS,
Plaintiff (s)
From LEONARD TAVERNA, 3916 Brisban Street, Harrisburg, PA 17111
(1) You are directed to levy upon the property of the defendant (s)and to sell and attach all personal
property of the defendant, Leonard Taverna, including all furniture, household goods,
appliances, computers and other moveable personaly situated at 3916 Brisban Street,
Harrisburg, PA 17111.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) 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 $7,910.00
Interest 9/01/05 - Statutory
Atty's Comm %
Atty Paid $223.83
Plaintiff Paid
Date: 3/27/08
L.L.
Due Prothy $2.00
Other Costs $170.00
Curti R. Long, P otary
(Seal) By:
Deputy
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: 301 MARKET STREET
PO BOX 109
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906