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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 n V A? i ?J h ?.r N r O 4 a..' . ` t'31 c-n iV "G ` 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 z u h l/ t cv 9u rn t , b ,I . . 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 om T , w R. 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 0 +V c° ?j -n ? ' co<?: 1 r t7? A ., 'p L -rl CA) 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