HomeMy WebLinkAbout06-6405
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
KEYSTONE PRECISION
INSTRUMENTS,
No. 0(, - ~l{~
CloJ'T~ '
VS.
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)
)
)
)
)
)
)
)
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Plaintiff,
BARRETT COMPANY, INC.,
Defendant.
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant, BARRETT COMPANY, INe., for failure to
file an Answer to the Complaint or to make payment.
Assess damages as follows:
Debt
(plus costs and interest)
$3,201.20
Total.. ...... .................... ............................. .................... ................... $3,201.20
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.
Pursuant to Pa. R.C.P. 237 (notice of praecipe for tinal judgment or decree), I certify that a copy of this
praecipe has been mailed to each other party who has appeared in this action or to his/her Attorney of Record.
Pursuant to Pa. R.C.P. 237.1, I 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 Attorney of Record, if any, after the default
occurred and at least ten days prior the date of the filing of this praecipe and a copy of the notice is attached.
Dated: /D/al ~
NOW,.1kJ
2
-
, 2006, JUDGEMENT IS ENTE
ary, Civil Division
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYL V.
CIVIL DIVISION
Keystone Precision Instruments
vs.
File No.
2005-C-1794
Barrett Company Inc
CERTIFICATION OF JUDGMENT
Pursuant to applicable judgment acts, * I, the undersigned Clerk of Courts of Lehigh County,
Commonwealth of Pennsylvania, do hereby certify that the judgment in the above case was
entered in favor of
Keystone Precision Instruments
(name/address)
2646 Lehigh St, Whitehall, P A 18052
!:.' ~
and against
Barrett Company Inc
(name/address)
429 S 18th St, Camp Hill, PA 17011-5902
on the 12th day of
case in the amount of $ 3,201.20
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court,
December
A.D., 2005
III said
on the 20th
day of ~(>
A.D., 20()Q
Andrea E. Naugle, Lehigh County Clerk of Courts
&rrnc9. ~
eputy
*l!niform Enforcement of Foreign Judgments Act
Pa.R.C.P.3002(a)
42 PA.C.S.A.4306
(Rev. 12/99)
IN THE COlIRT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA - CIVIL DIVISION
CASE SUMMARY
CASE NO. 2005-C-1794
KEYSTONE PRECISION INSTRUMENTS VS.
BARRETT COMPANY INC
~
~
~
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Location:
Judicial
Officer:
Filed on:
Civil
Johnson, J. Brian
07/08/2005
(.'\SF INFOH'\I.\TiO\
Statistical Closures
01/20/2006 Judgment Entered After Listing
Case Type: Civil Action
Sub Type: Civil Action Complaint
P\lU Y I\HH{,\I\IIO'\
PLAINTIFF
KEYSTONE PRECISION INSTRUMENTS
2646 LEHIGH ST
WHITEHALL, PA 18052
Attorneys
JORDAN, DAVID J., Jr. 610-588-0484
DEFENDANT
BARRETT COMPANY INC
429 S l8TH ST
CAMP HlLL, PA 17011-5902
IhlE
EVENTS & OIUlERS OF TIlE COlin
1\1l\.\
12/12/2005
10:44 AM
Judgment
Status: Active, Debtor: BARRETT COMPANY INC, Creditor: KEYSTONE PRECISION
INSTRUMENTS, Amount: $3,201.20
HEARINGS
01/20/2006 Arbitration Hearing (9:00 AM) (Judicial Officer: Panel, Arbitration)
EVENTS
07/08/2005 Complaint and Notice to Defend
COMPLAINT AND NOTICE TO DEFEND. DAMAGES PRAYED FOR IN COUNTS I-lll IN
THE SUM OF $3,201.20 PLUS COST & INTEREST. EXHIBIT ATTACHED.
07/27/2005 Arbitration Discovery Order:
ARB DISCOVERY ORDER:NOW, 07/26/2005 ARBITRATION DISCOVERY TO BE
COMPLETED BY 01/08/2006 BY THE COURT:CKM,J. COPIES EXIT BY C.A OFFICE.
08/12/2005 Sheriffs Return Complaint
SHRF'S RTN COMPLAINT: CUMBERLAND CO SHRF SERVED DFT ON 7/20/05 @ 1511
HRS.
12/12/2005 Prae to enter Jdgt against
PRAE TO ENTER JDGT AGAINST DFT FOR FAILURE TO RESPOND. JDGT ENTERED
VS/DFT IN THE AMOUNT OF $3,201.20. lMPORTANT NOTlCE ATTACHED. NOTlCES
MLD 12/12/05. F1LED @ 10:44 AM.
12/19/2005 Arbitration Scheduling Order:
NOW, 12/16/2005 ARBlTRATlON SCHEDULED OI/23/2006@9:00AM BY THE
COURT:CKM,J. COPIES EXIT BY CA. OFFICE.
01/23/2006 Judgment entered after Arbitration Listing
NOW, 01/20/2006 JUDGEMENT ENTERED AFTER ARBlTRATlON L1STlNG. BY THE
COURT:CKM,J.
10/20/2006 Certification of Judgment
PAGE 1 OF 2
Printed on /0/20/2006 oJ 3: II /'
IN THE COlJRT OF COMMON PLEAS OF LEHIGH COlJNTY, PENNSYLVANIA - CIVIL DIVISION
CASE SUMMARY
CASE NO. 2005-C-1794
to Cumberland County, P A Exit.
D\H
Fl:\AM IAII-..;FOR\I.\TIO,",
PLAINTIFF KEYSTONE PRECISION INSTRUMENTS
Total Charges
Total Payments and Credits
Balance Due as of 10/20/2006
147.00
147.00
0.00
Receipt # 2006-022221
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
PLAINTIFF KEYSTONE
PRECISION INSTRUMENTS
115.00
07/08/2005 Charge
07/08/2005 Payment
12/12/2005 Charge
12/12/2005 Payment
10/20/2006 Charge
10/20/2006 Payment
Receipt # 12,459
(115.00)
\5.00
Receipt # 22,754
( 15'()O)
17.00
( 17.00)
I, Andrea E. Naugle, Clerk of Courts of the Court of Common
Pleas of Lehigh County, Allentown. PA do certify that tbil il a
true and correct copy of the original record filed in said Court.
Andrea E. Naugle, Clerk of Courts
.
,
PAGE20F2
Printed on /0/20/2006 at 3: // PM
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IN THE COURT OF COMMON PLEAS OF
LEHIGH COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KEYSTONE PRECISION
INSTRUMENTS,
No. 2005-C-1794
VS.
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BARRETT COMPANY, INC.,
Defendant.
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PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant, BARRETT COMPANY, INe., for failure to
file an Answer to the Complaint or to make payment.
Assess damages as follows:
Debt
(plus costs and interest)
$3,201.20
Total................. ...... ....................... .................,................................ $3,201.20
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.
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 this action or to his/her Attorney of Record.
Pursuant to Pa. R.C.P. 237.1, I 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 Attorney of Record, if any, after the default
occurred and at least kn days prior the date of the filing of this praecipe and a copy of the notice is attached.
,,,.,1/ II r
Dated: i J. I U::J
By:
McFA
NOW, ~d - )~
, 2005, JUDGEMENT IS ENTERED AS ABOVE.
Andrea E. Naugle, Prothonotary, Civil Division :'-F
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I. Andrea E. Nalllle. Clerk of Courts of the Court or Co....on
Pleas or Lehigh County. Allentown, PA do certify tll.t "Iala a
true and eorrect ropy or tlte original record flied I. said Court.
Andrea E. Naugle, Oerk or Courts
aa
"
McFALL, LAYMAN & JORDAN,~C.
Attorneys and Counselors at Law
Alan B. McFall
Peter C. Layman
David J. Jordan, Jr.
134 BROADWAY, BANGOR, PA 18013-2506
(610) 588-0484
(610) 435-0970
fax (610) 588-3455
e-mail mlj@epix.net
November 7, 2005
Barrett Company, Inc.
429 South 18th Street
Camp Hill, PA 17011-5902
Re: Keystone Precision Instruments vs.
Barrett Company, Inc.
NO.2005-C-1794
To Whom It May Concern:
Enclosed herewith please find a Ten-Day Notice, which is being served upon you for
failure to file an Answer to the Complaint.
DJJ/wfs
Enclosure
pc: Keystone Precision Instruments
.
IN THE COURT OF COMMON PLEAS OF
LEHIGH COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KEYSTONE PRECISION
INSTRUMENTS,
No. 2005-C-1794
vs.
)
)
)
)
)
)
)
)
)
)
Plaintiff,
BARRETT COMPANY, INC.,
Defendant.
DATE: November 7, 2005
TO: Barrett Company, Inc.
429 South 18th Street
Camp Hill, PA 17011-5902
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Lehigh County Bar Association
1114 Walnut Street
Allentown, PA 18102
Telephone: (610) 433-7094
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LA W
KEYSTONE PRECISION
INSTRUMENTS,
No. Ol- -~"dS'
Gu'lT~
vs.
)
)
)
)
)
)
)
)
)
)
Plaintiff,
BARRETT COMPANY, INC.,
Defendant.
NOTICE OF FILING JUDGMENT
TO: BARRETT COMPANY, INC.
429 South 18th Street
Camp Hill, PA 17011-5902
Notice is hereby given that a judgment in the above-captioned matter has been entered
against you in the amount of Three Thousand, Two Hundred One and 201100 ($3,201.20)
Dollars on ...f) )00", ~ ,2006.
A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
a
By:
If you have any questions regarding this Notice, please contact the filing party:
David 1. Jordan, Jr., Esquire
Attorney for Plaintiff
Attorney J.D. No. 34732
134 Broadway
Bangor, PA 18013
(610) 588-0484
(This notice is given in accordance with Pa. R.C.P. 236.)
~ . --
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
KEYSTONE PRECISION
INSTRUMENTS,
Plaintiff,
vs.
BARRETT COMPANY, INC., 4L+
Defendant.
COMMERCE BANK,
Garnishee.
)
)
)
)
)
)
)
)
)
)
)
)
No. 06-6405
Amount Due $3,201.20
Interest $533.80
Costs $469.50
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF 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 a 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: All personal property ofthe Defendant.
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 for the following property: Commerce Bank, 1130
Carlisle Road, Camp Hill, Cumberland County, Pennsylvania: all property of the above-named Defendant,
including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts,
deposits and all debts and other property and/or obligations owing from the above-named Garnishee to the above
named Defendant, and any account owned solely or in part by the above-named Defendant, which are in the
possession, custody and/or control of said Garnishee.
Index this Writ against the Garnishee as a lis pendens against real estate of the Defendant described
in the attached exhibit.
Dated: II ko / /1.t;
McFALL, LAYMAN & JORDAN, P.C.
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WRIT OF EXECUTION and/or ATTACHMENT
). . ---
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6405 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due KEYSTONE PRECISION INSTRUMENTS,
Plaintiff (s)
From BARRETT COMPANY, INC., 429 S.18TH ST., CAMP HILL, PA 17011-5902
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON
PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 1130 CARLISLE ROAD, CAMP HILL, PA
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) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,201.20
Interest $533.80
Atty's Comm %
Atty Paid $38.00
Plaintiff Paid
Date: NOVEMBER 27,2006
L.L. $.50
Due Prothy $1.00
Other Costs $469.50
(Seal)
~~
By:
Deputy
REQUESTING PARTY:
Name DAVID J. JORDAN, JR. ESQUIRE
Address: MCFALL LAYMAN & JORDAN, P.C.
134 BROADWAY
BANGOR, PA 18013
Attorney for: PLAINTIFF
Telephone: 610-588-0481
Supreme Court ID No. 34732
......
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KEYSTONE PRECISION ) No. 06-6405
INSTRUMENTS, )
)
Plaintiff, )
)
VS. )
)
BARRETT COMPANY, INC., )
)
Defendant. )
)
and )
)
COMMERCE BANK, )
)
Garnishee. )
(J.,..slDe~ -It/ INTERROGATORIES TO THE ABOVE-NAMED GARNISHEE
TO: COMMERCE BANK
1130 Carlisle Road
Camp Hill, PA 17011
You are required to file an Answer 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 him on any negotiable or other written instrument, or did he claim that you owed him any money
orwereliabletohimforanyreason? Defendant had account 513209643 with a $0 balance
at time served.
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?
See answer to question 1.
3. At the time you were served or at any subsequent time did you hold legal title to any property of any
nature owned solely or in part by the Defendant; or in which Defendant held or claimed any interest?
See answer to question 1.
u 4. At the time you were served or at 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 ~ny person, entity or place pursuant to your direction or consent and if so, what was the consideration
ilierefur? Defendant made deposits into the above referenced account in the
ordinary course prior to service, none of which were at the direction of
Comm~ce BAf1~y time after you were served did you pay, transfer or deliver any money or property to the
Defendant or any person, entity or place pursuant to his direction or otherwise discharge any claim of the Defendant
against you?
No
7. At any time before or after you were served, did Defendant, either solely or in part, have any
account (savings, checking, certificate of deposit, money market, deposits, and any other debt and/or property) with
your office?
See answer to question 1.
8. If your answer to Interrogatory #7 is in the affirmative, state:
(a)
(b)
The account number of each account;
The amount of money in each account.
1/ ~/lXo
McFALL, LAYMAN & JORDAN, P.C.
David 1. ord , Jr., Esquire
Attorn fi laintiff
Attorney J.D. No. 34732
134 Broadway
Bangor, P A 18013
610-588-0484
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-06405 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
KEYSTONE PRECISION INSTRUMENTS
VS
BARRETT COMPANY INC
And now RICHARD SMITH
,Sheriff or Deputylsheriff of
Cumberland County of Pennsylvania, who being duly sworn ccording
to law, at 0015:22 Hours, on the 8th day of December, 006, attached
as herein commanded all goods, chattels, rights, debts, and
moneys of the within named DEFENDANT
BARRETT COMPANY INC
, in the
hands, possession, or control of the within named Garnis ee
COMMERCE BANK 1130 CARLISLE ROAD
CAMP HILL, PA 17011
cumberland County, Pennsylvania, by handing to
KATHLEEN HENSLEY (CUSTOMER SERVICE)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So a?~
R. Thomas Kline
Sheriff of Cumberl
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01/04/2007
before me this
day of
By
Sworn and Subscribed to
A.D
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
KEYSTONE PRECISION
INSTRUMENTS,
vs.
)
)
)
)
)
)
)
)
)
)
No. 2006-06405
Plaintiff,
BARRETT COMPANY, INC.,
Defendant.
PRAECIPE FOR DISCONTINUANCE AND SATISFACTION
TO THE PROTHONOTARY:
You are hereby authorized, empowered and directed to enter, as indicated, the following on the
records thereof:
---X- The within suit is Settled, Discontinued, Ended and costs paid.
---X- The within suit is Settled, Discontinued, Ended WITH prejudice and costs paid.
The within suit is Settled, Discontinued, Ended WITHOUT prejudice and costs paid.
Satisfaction of the A ward in the within suit is acknowledged.
Satisfaction of lien, with interest and costs, in the within matter is acknowledged.
Other:
----- -..--
Dated: January 16,2007
COST PAYMENT VERIFICATION
I understand that the above action cannot be filed and docketed until all costs have been paid,
including sheriffs costs, and hereby verify that all costs have been paid. I understand that false statements
herein are made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to
authorities.
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
2.47
.50
1.00
13.20
40.00
40.00
9.00
1.56
125.73
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Advance Costs:
Sheriff s Costs:
$
150.00
125.73
24.27
Refunded to Atty on 01110107
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CJ, . homas ~line, ~heriff . J
o.u.clG,,-- :BN.w\o cili4
y Claudia A. Brewbaker
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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 KEYSTONE PRECISION INSTRUMENTS,
NO 06-6405 Civil
CIVIL ACTION - LAW
Plaintiff (s)
From BARRETT COMPANY, INC., 429 S.18TH ST., CAMP HILL, PA 17011-5902
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON
PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 1130 CARLISLE ROAD, CAMP HILL, PA
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 $3,201.20
Interest $533.80
Atty's Comm %
Atty Paid $38.00
Plaintiff Paid
Date: NOVEMBER 27, 2006
L.L. $.50
Due Prothy $1.00
Other Costs $469.50
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DAVID J. JORDAN, JR. ESQUIRE
Address: MCFALL LAYMAN & JORDAN, P.e.
134 BROADWAY
BANGOR, P A 18013
Attorney for: PLAINTIFF
Telephone: 610-588-0481
Supreme Court ID No. 34732