HomeMy WebLinkAbout06-6894
DRIVEKORE, INC.
101 Wesley Drive
Mechanicsburg, PA 17055
Plaintiff
V.
HARRY G. MINNICK, JR. tdba
MINNICK CONSTRUCTION COMPANY
2811 Spring Road
Carlisle, PA 17013
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
PRAECIPE
Please enter Judgment in the amount of $376.29, plus costs, against Harry G. Minnick,
Jr., tdba Minnick Construction Company, as per the attached Notice of Judgment/Transcript of
Civil Case.
By:
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Plaintiff
Date: ) ()L°
`COMMONWEALTH OF PENNSYLVANIA
COUNTY OF, CUMBERLAND
Mag. Dist. No.:
09-3-05
MDJName: Hon.
MARK MARTIN
Address: 507 N YORK ST
MECBANICSBURG, PA
Telephone: (7 17 ) 7 6 6- 4 57 5
OF ........??wiTrtQeNSCRIPT
NOTICE OFCJIVDGCASE
PLAINTIFF: NAME and ADDRESS
f-DRIMORE • INC
P.O. BOX 2004
MECRMICSBURG, pA 17055 J
L_ VS.
DEFENDANT: NAME and ADDRESS C?
17055 rN G MINNICK,JR/DBA MINNICK CONST
2811 SPRING ROAD
CARLISLE, PA 17013 J
L
DRIVEKORE, INC Docket No.: CV-0000300-06
P.O. BOX 200 PA 17055 Date Filed: 8/16/06
MECZANICSBUR
THIS IS TO NOTIFYD39 AULT JD pLTF (Date of Judgment) 9/22/06
Judgment:
® DRIVESORS, INC,
Judgment was entered for: (Name)
DBA MINNICK CONST CO
g G MIN1itICR, JR/
® Judgment was entered against: 37(Name)
in the amount of $ Amount of Judgment
Judgment Costs
11 Defendants are jointly and severally liable. Interest on Judgment
Attorney Fees
Damages will be assessed on Date & Time
Total
This case dismissed without prejudice.
8127 nt Credits
Amount of Judgment Subject to Attachment/42 Pa.C.S. §
Portion of Judgment for physical damages arising out of
residential lease
Post Judy-
-post Judgment Costs
250.781
$ 1 5.5
$ .00
$ 376.291
Certified Judgment Total $
NOTICE
ANY PARTY HAS THE RIGHT TO APPEAL WIR1HIN 30 DAYS AFTER THE ENTRY OF JUDGMENT NOTICE BY OF FILING A APPEAL.
OF THE COURT OF COMMON PLEAS, CIVIL
OF APPEAL WITH THE PROTHONOTARY/CLE WITH YOUR
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT RULES OF CIVIL HE COURT OF COMMON PLEAS, ALL FURTHER. IERI PROCESS DISTRICT JUDGE .
THERWISE PROVIDED IN THE RULES ENTIN T ROCEDURE FOR MAGISTERIAL DIHE MAG UDGES, IF THE
EXCEPT AS O
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDG UED COME FROM THE COURT COMMON PLEAS AND NO FURTHER OPROCESS A N PL AS A UDGESF TTHE JUDGMENT DEBTOR PAYS IN FULL,
UNLESS THE JUDGMA REQUEST FOR ENTRY OF ENT T I S ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE DISTRI
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.TE
S
t Date .cam
I'cis a true and co t co
1Date
Magisterial District judge
df the record of the proceedings containing the judgment
Magisterial District Judge
2o1a
My commission expires first Monday of January, .
SEAL
8: 39:00 AM
AOPC 315-06 nATB pRI?1TED • 11/02/06
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` COMMONWEALTH OF PENNSYLVANIA CIVIL COMPLAINT
COUNTY OF: ^"'? QORi oND
PLAINTIFF: NAME and ADDRESS
FDistdOct terlal District Number.
09-3-05 DRIVEKORE, INC.
Justice Name: Hon. P.O. Box 2004
MARK MARTIN MECHANICSBURG, PA 17055
Address: 507 N. YORK STREET
MECHANICSBURG, PA 17055 VS.
Telephone: (717)766-4575
DEFENDANT: NAME and ADDRESS
J
r Harry G. Minnick, Jr.
D/B/A Minnick Construction Company
2811 Spring Road J
Carlisle, PA 17013
121ke
Docket No.:
Date Filed:
AMOUNT DATE PAID
FILING COSTS $ / /
SERVING COSTS $_?_
TOTAL
u for together with costs
v?eA ?g -
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against yo
upon the following claim (Civil fines must include citation of the statute or ordinance violated
Monies owed to DriveKore, Inc. for the rental of a telpro panel lift, finance charges, & collection costs.
verify that the facts set forth in this complaint are true and correct to the
ect to the penalties of Section 4904 of the Crimes
I, r L k
best of my knowledge, information, and belief. ton to authorities. subj
Code 08 PA. C.S. § 4904) related to unsworn falsification
z
Plaintiffs
Attorney:
Telephone: ( )
• (S n OF ? lalntl or A ^ti
Address:
... .. .r -rue AlZnVF
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICt tmmr-ulr+r • --• - - -
THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
TELEPHONE NUMBER. YOU MUST APPEAR DEFAULT.
JUDGMENT WILL BE ENTERED AGAINST YOU BY jurisd
which
on and
you int If you have a claim against the plaintiff which complaint folrm lat this) office atl Blast five (5) days befoeet he
ice
assert at the hearing, you must file it on a
date set for the hearing. If you have a claim against the plaintiff which is not within I dVist If t cu tare may jurisdiction, you may request please contact the MagisterialdDistri tuoffi c at the address
disabled and require assistance,
above.
AOPC 308A (12-1-98)
DRIVEKORE, INC.
101 Wesley Drive
Mechanicsburg, PA 17055
Plaintiff
V.
HARRY G. MINNICK, JR. dba
MINNICK CONSTRUCTION COMPANY
2811 Spring Road
Carlisle, PA 17013
Defendant
and
COMMERCE BANK
65 Ashland Avenue
Carlisle, PA 17013
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6894
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Harry G. Minnick, Jr., tdba Minnick Construction Company, Defendants;
and
(3) against Commerce Bank, Garnishee;
(4) and index this writ
(a) against Harry G. Minnick, Jr., tdba Minnick Construction Comnanv,
Defendants
(b) against Commerce Bank, Garnishee, as a lis pendens against real property of the
Defendant in name of Garnishee as follows: Any and all accounts of Defendant
including, but not limited to, Account # 513329250.
(5) Amount of Judgment
Attorney Fees
Interest
Total
$ 376.29
$ 195.00
$ 33.85
$ 605.14 (plus filing and service costs)
Date:
les Rector, Es re (ID# 39121)
Charles Rector, Es re (ID# 39121)
Char
1104 Fernwood A enue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-0454
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6894 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DRIVEKORE, INC. Plaintiff (s)
From HARRY G. MINNICK, JR. d/b/a MINNICK CONSTRUCTION COMPANY, 2811 SPRING
ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 65 ASHLAND AVENUE CARLISLE PA, 17013
ANY AND ALL ACCOUNTS OF DEFENDANT INCLUDING BUT NOT LIMITED TO
ACCOUNT #513329250.
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 $376.29
Interest $33.85
Atty's Comm % $195.00
Atty Paid $46.25
Plaintiff Paid
Date: 6-01-07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
Deputy
REQUESTING PARTY:
Name CHARLES RECTOR, ESQUIRE
Address: 1104 FERNWOOD AVENUE, SUITE 203
CAMP HILL, PA 17011-6912
Attorney for: PLAINTIFF
Telephone: 717-761-0454
Supreme Court ID No. 39121
DRIVEKORE, INC.
101 Wesley Drive
Mechanicsburg, PA 17055
Plaintiff
V.
HARRY G. MINNICK, JR. dba
MINNICK CONSTRUCTION COMPANY
2811 Spring Road
Carlisle, PA 17013
Defendant
and
COMMERCE BANK
65 Ashland Avenue
Carlisle, PA 17013
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6894
An5loos /0
INTERROGATORIES INATTACHMENT
To: Commerce Bank
65 Ashland Avenue
Carlisle, PA 17013
You must file with the Court answers to the following Interrogatories within twenty (20) days
after service upon you. Failure to do so may result in a default judgment being entered against you. A
copy of said answers must be served on the undersigned. If your answer to any of the following
Date: 7
Charles Rector, quire `-
1104 Fernwoo Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Plaintiff
1. At the time you were served or at any subsequent time, did you owe the defendant(s) any
money or were you liable to defendant(s) on any negotiable or other written instrument, or did
defendant(s) claim that you owed any money or were liable to defendant(s) for any reason?
Defendant had accounts' 513329250 with a balance of $-127.79 and account 536665565
with a balance of $502.89 at time served. Account 513329250 is held individually.
Account 536665565 is held jointly with Robert E Armstrong of 70 Schoolhouse Rd,
Duncannon.
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 or one or more other persons
any property of any nature owned solely or in part by the defendant(s)?
See answer to question 1.
3. At any time you were served or at any subsequent time, did you hold legal title to any
property of any nature solely or in part by the defendant(s) or in which defendant(s) held or claimed any
interest?
See answer to question 1.
4. At any time you were served or at any subsequent time, did you hold as a fiduciary any
property in which the defendant(s) had an interest? If so, explain in detail.
No
5. At any time before or after you were served, did the defendant(s) 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?
Defendant made deposits into the above referenced accounts in the ordinary
course prior to service, none of which were at the direction of Commerce Bank.
6. At any time you were served or at any subsequent time, did you pay, transfer or deliver
any money or property to the defendant(s) or to any person or place pursuant to the direction of
defendant(s) against you?
No
7. At the time you were served or at any subsequent time, did you have or share any safe-
deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, or collateral in which
there was an interest claimed by defendant(s)?
No
8. Identify every account (not previously noted), titled in the name of defendant(s) or in
which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll
account, individual retirement account, tax account, lottery account, partnership account, joint or tenants
by entirety account, insurance account, trust or escrow account, attorney's account or otherwise, showing
balance due at the time of service of the garnishment.
No
I verify that the statements made herein are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Commerce Bank
By:
M,JPL. ?P?26i
Date: a ?
C?
J
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T
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DRIVEKORE, INC.
Plaintiff
V.
HARRY G. MINNICK tdba
MINNICK CONSTRUCTION COMPANY
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-6894 CIVIL TERM
SATISFACTION
TO THE PROTHONOTARY OF SAID COURT:
You are hereby notified to mark the judgment in the above-captioned matter which was
entered against the Defendant, Harry G. Minnick tdba Minnick Construction Company, in favor
of DriveKore, Inc. as satisfied.
Date:
BY: _C_
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Plaintiff
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-06894 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
DRIVEKORE INC
VS
MINNICK HARRY G JR ET AL
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:15 Hours, on the 12th day of June , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
MINNICK HARRY G JR DBA MINNICK CONSTRUCTION COMPANY
hands, possession, or control of the within named Garnishee
COMMERCE BANK 65 ASHLAND AVE
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
AMANDA WILLIAMS (MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to His
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
in the
true
and made
.00 So answers:
.00 ?; -?
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
00 / -71a3%°1.
07/05/2007 A
Sworn and Subscribed to
before me this day of By
A.D
e . %.
i
R. Thomas Kline, Sheriff, who being duly sworn according
to law states this writ is returned SATISFIED.
Sheriff's Costs:
Docketing $18.00/
Poundage 7.53
Law Library .50
Prothonotary 2.00
Service 4.801/
Garnishee 9.00
Surcharge 40.00t(
Levy 40.00,/
Postage i"b4.,:_
$123:47
So A e
-00 el
R. Thomas Kline, Sheriff
BY- . J b ?yY11 h
01 :11 V I I NIF L001
G
p GO
f??
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6894 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DRIVEKORE, INC. Plaintiff (s)
From HARRY G. MINNICK, JR. d/b/a MINNICK CONSTRUCTION COMPANY, 2811 SPRING
ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 65 ASHLAND AVENUE CARLISLE PA, 17013
ANY AND ALL ACCOUNTS OF DEFENDANT INCLUDING BUT NOT LIMITED TO
ACCOUNT #513329250.
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 $376.29
Interest $33.85
Atty's Comm % $195.00
Atty Paid $46.25
Plaintiff Paid
Date: 6-01-07
(Seal)
REQUESTING PARTY:
Name CHARLES RECTOR, ESQUIRE
Address: 1104 FERNWOOD AVENUE, SUITE 203
CAMP HILL, PA 17011-6912
Attorney for: PLAINTIFF
Telephone : 717-761-0454
Supreme Court ID No. 39121
L.L. $.50
Due Prothy $2.00
Other Costs
i)eputy
1
DISTRIBUTION
ATTY FOR PLTFF: Charles Rector
WRIT NO. 2006-6894 Civil
Drivekore, Inc.
-vs-
Harry G. Minnick, Jr. d/b/a Minnick Construction Company
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 376.29
33.85
195.00
46.25
$ 651.39
Sheriff's Costs:
Docketing $ 18.00
Poundage 7.53
Posting Sale Bills
Law Library .50
Prothonotary 2.00
Service 4.80
Postage 1.64
Advertising
Postpone Sale
Bad Check Charge
Surcharge 40.00
Garnishee 9.00
Levy 40.00
TOTAL $ 123.47
Defendant Paid to Sheriff $ 774.86
Advance Costs 150.00
Total Collected $ 924.86
DISTRIBUTION
Pd. To Pltff. $ 651.39
Refund of Adv. Costs 150.00
Pd. To Prothonotary 2.50 sw s: ?
R. Thomas Kline,
Sheriff