HomeMy WebLinkAbout99-03591;:
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Stephen J. Hogg,
Plaintiff
vs.
John A. Butcher
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: Civil Action-Law
: No.: 99-3591
ORDER
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AND NOW, this 23`d day of May 2000, Plaintiffs Petition for
Supplementary Relief in Aid of Execution is granted. Defendant shall
turn over to the Sheriff for execution a 1994 Cadillac automobile,
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Model FLB, tag # BTT7192, VIN # 1 G6DW52P9RR713062. -H ie f oe?rt
Defendant shall comply with his Order oR-ef beforcttle-' Vr f- J
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day_ 2000 orbe in-contempt of curt-_
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LAW OFFICES OF 'I
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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JOMMONWEALTH OF PENNSYLVANIA
Cnl INTV Or- CUMHERT,AMn
09-2.01
DJ Nam9 Han
PAULA P. CORREAL
Atl (BSS EAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
Ta16pAane (717) 240-6564 17013-0000
STEPHEN J. HOGG, ESQUIRE
19 S.HANOVER ST.
SUITE 101
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rHOGG, ESQUIRE, STEPHEN J. 7
19 S-HANOVER ST.
SUITE 101
LCARLISLE, PA 17013 J
DEFENDANT: VS.
NAMEand ADDRESS
rBUTCHER, JOHN A. -I
332 PINE STREET
STEELTON, PA 17113
L J
Docket No.: CV-000 0151-99
Date Filed: 4/06/99
THIS IS TO NOTIFY YOU THAT:
Judgment. nR1?At7LT TTTDGNM4T ^T TE
® Judgment was entered for: (Name) xnaa. uaQnTRR 4TRDHrr.* T
Q Judgment was entered against: (Name). _ ]STITCHER JOHN A-
in the amount of $ 1,1111f; nn on:
Defendants are jointly and severally liable.
F] Damages will be assessed on:
This case dismissed without prejudice.
E Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
F1 Levy is stayed for days or ? generally stayed.
Objection to levy has been filed and hearing will be held:
(Date of Judgment) _ r/i n/gg
(Date & Time)
(Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ I
Date: Place:
Time:
ANY PARTY HAS THE RIGHT APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH TH ROTHON TARY/CLF,RIE Q ? HE 9"RT OF C N PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A PY OF NOTICE S ?L iU?' Y(//TT ANSCRIPIF M WITH YOUR NOTICE OF APPEAL.
-? ?-» mace ??* District Justice
I certify that this is a tr a an orrect copy h c of e p eeding co taining the judgment.
5-10-99 Dat District Justice
My commission expires first Monday of January, 2000 SEAL
AOPC 315-99
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.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
` CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
Stephen J. Hogg, Esquire, ( ) Other
Plaintiff
Vs.
John A. Butcher,
Defendant
File No. CV 0999151 99 yla . 99-d3111
Arrount Due 3, 116.00
Interest $75.00
Atty's Comm $200.00
Costs $-1-7&,59-
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 or±.ginal proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
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Issue writ of execution in the above natter to the Sheriff of Gaand
County, for debt, interest and costs upon the following described property of the
defendant(s) John A. Butcher 332 Pine Street, Steelton, PA 17113
Personal Property
PRAECIPE FOR ATTACK II T E7iI7C[MON
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) s a lis dens against
real estate of the defendant(s) described in the attached
G' Signature:
DATE:
?z ??
Print Name: Steohen J. Ho Esouire
Address: 19 S. Hanover Street, Suite 101
Carlisle. PA 17013
Attorney for:
7alephone:
a:r??n, -,??::• IP rr,.: 36812
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Notes: If real property, supply six copies of description including isprovements and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3591 CIVIL 10C_04
COUNTY OF CUMBERLAND) CIVIL ACTION • LAW
TO THE SHERIFF OF Dauphin COUNTY:
To satisfy the debt, interest and costs due Stephen J Hoag Esquire 19 South Hanover Street
Suite 101 Carlisle Pa 17013 PLAINTIFF(S)
from John A. Butcher 332 Pine Street. Steelton Pa 17113
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
Personal Property 332 Pine Street Steelton, Pa. 17113
(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/are 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 propertyof thedefendant(s) notlevieduponan subjectlo attachment isfound 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 53.116.00
Interest S 75.00
Atty's Comm % 5200.00
Arty Paid $ 31.75
Plaintiff Paid
L.L.
Due Prothy 1.00
Other Costs
Date: 1nnp 14 199
REQUESTING PARTY:
Name RYpphpn .7. Hogga Fa{prirp
suite k01
Address: 19 So r H nov Street
Carlisle. Pa. 17013
Attorney for:
--Curtis R. Long
nProthonotary, Civil Division
by: , c? lr . 71? cam.
Deputy
Telephone: (717) 245-2698
Supreme Court ID No. 36812
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?^0 1694 N 1999 Dauphin County
99-3591 Cumberland County
And Now: Nov. 16, 1999, Sheriff of Dauphin County returns Writ of
Execution as Expired.
So Answers
OFFICE OF THE SHERIFF
J. R. Lotwick,
Sheriff
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Stephen J. Hogg, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
:PENNSYLVANNIA
:Civil Division
vs. 99 -
John A. Butcher,
Defendant
PRAECIPE TO REISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY OF SAID COURT:
Please reissue the Writ of Execution in the above captioned
matter in favor of the Plaintiff and against the Defendant for the amount
of $3,116.00 plus costs and interest:
Judgment $3,116.00
Costs $ 170.50
Attorney fees 200.00
Total $3,486.50
Interest $ IWJW ( s°'o 0
(thru 5/10/99 at 10% continuing)
TOTAL $3,561.50
Date: A?j X14-
$tephen J. Ho g, Esqu"
19 S. Hanover St., Ste. 1
Carlisle, PA 17013
(717) 245-2698
LAW OFflOES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
WRIT OF EXECUTION and/or ATTACHMENT 1l ?- V x, Q9
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3591 CIVIL 1&-TFE 1
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Dauphin COUNTY:
To satisfy the debt, interest and costs due St rt ,1, Hogg, EsrnAre 19 South Hanover Street
Suite 101, Carlisle. Pa. 17013 PLAINTIFF(S)
from John A. Butcher 332 Pine Street Steelton Pa. 17113
DEFENDANT(S) .
(1) You are directed to levy upon the property of the defendant(s) and to
Personal Property 332 Pine Street, Steelton, Pa. 17113 including but not limited to
a 1994 Cadillac tag #BTT7192, VINIG6DW52P9RR713062
(2) You are also directed to attach the properly 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/are 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 propenyot the defendant(s) not leviedupon an subjectto attachment isfound in the possession of anyoneother
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 53.116.00 L. L. $0.50
Interest $ 75.00 Due Prolhy 1.00
Ally's Comm % _$2M.00 Other Costs
Any Paid 31.75
Plaintiff Paid
Date: .limp 14. 199
REQUESTING PARTY:
Name Rtggp,hpn .117_ uL gg, E
Address: 19uSouthOHanover Street
Carlisle, Pa. 17013
Attorney for:
Telephone: (717) 245-2698
Supreme Court ID No. 36812 _
CuEt1s-$, ?.2n9
Prothonotary, Civil Division
by G . 71 ?c Cic _
Deputy
TRIBE COPY FROM RECORD
In Testimony whsroof, I here unto set my hand
and tli0 deal of r.lid Court at Carlisle, Pa.
Thi,' y ?...day of 1912_
Prothonot ry
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
STr?/?G(/g?v GloG6 (,?f other
vs.
File No. Ct ~ ?$
Amount Due c r ?J r 00
E
Interest ?f o?C9 0
Tokb' 667TC1f15k
331 ('-'Uc StRee-t
Stee lrvr,, Pn. I-7113
TO THE PROTHONOTARY OF THE SAID COURT:
Atty's Comm 2 00, a D
Costs 1 __7?5 0,
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 I U?? County,
for debt, interest and costs, upon the following described property of the defendant(s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of I /4 y/ t(l?t- 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 against re I estate of the
defendant(s) described in the attached exhibit.
Date 1 r Z 3T_ Signature:
Print Name:
Address:
Attorney for:
Telephone:
?I
Supreme Court ID No.:
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3591 CIVIL)M MR4
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Dauphin COUNTY:
To satisfy the debt, interest and costs due Stephen J. Hogg, Esq.
from John A. Butcher 332 Pine Street, Steelton. Pa. 17113
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
Cad'llac Automobile Model F'L, B 1994 Tag t! BTT71g2 Vin• t.6DW5 P9RR71'i06
(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/are 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) Ifpropertyofthedefendant(s)notlevied uponansubjecttoattachment isfoundinthepossessionofanyoneother
than a named garnishee, you are directed to notify hinvhe r that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due 53.116.00 _ L. L.
Interest 150.00 Due Prothy s
Atty's Comm % $200.00 Other Costs
Afty Paid
Plaintiff F
Date: November 21ll, 1999
Curtis R. Long
Prothonotary, Civil Division
by: l-/ 6 l rn - ? l ?Lw
Deputy
REQUESTING PARTY:
Name Stephen J Hogg Esa
Address: 19 S Hanover Street
Attorney for: _ P1 ff
Telephone: (717) 245-2698
Supreme Court ID No.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3591
COUNTY OF CUMBERLAND) S TEFd1
CIVIL ACTION - - LAW
TO THE SHERIFF OF Dauphin COUNTY:
To satisfy the debt, interest and costs due Stephen J Hogg Es
from John A. Butcher 332 Pine Street S egltpn. Pa. 17113
(1) You are directed to levy upon the property of the defendant(s) and to
Cadillac A?tomob'to Mcx7Pt FT. g 19ga mag k arr?tg? y;n ??? +??
(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/are 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 Properlyof thedefendant(s) not levied upon an subject to attachment is found in the possession of anyoneother
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
L. L.
Interest __ 150.00
Atty's Comm % __$200.00
Arty Paid 44 5
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: November 2a, 1999
REQUESTING PARTY:
Name Stephen i. Hogg. Esg
Address: 19 S. Hanover Sfr et
rtial Pa
Attorney for: Piff
Curtis R. Long
nn Prothonotary, Civil Division
by:
Deputy
Telephone:_ (717) 245-7698
Supreme Court ID No.
LAWOR CE90F
sz'lee> MJ.110GG
19S. HANOVER STREET • SUITE 101
CARLISLE, PENNSYLVANIA 17013
TELEPHONE
(717) 246.2695
FAX
(717) 2450529
November 22, 1999
Dauphin County Sheriffs Office
Attn: Peggy
Dauphin County Courthouse
Front & Market Streets
Harrisburg, PA 17101
Re: Stephen J. Hogg, Esquire
V.
John A. Butcher
No. 1694N99 Civil Term
INSTRUCTION SHEET
John A. Butcher
332 Pine Street
Steelton, PA 17113
Dear Sheriffs Office:
Please execute on the following vehicle in regard to the enclosed reissued
Writ of Execution:
Make: Cadillac
Model: FLB
Year: 1994
Tag #: BTT7192
VIN: 1 G6DW52P9RR713062
If you have any questions, please contact my office. Thank you for your
attention in this matter.
Sincerely,
/ / r
J. Hogg, Es u'
SJH/Ikg
Enclosure
MAY 0120006'
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Acd'
Stephen J. Hogg, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. : Civil Action-Law
: No.: 993591
John A. Butcher
Defendant
ORDER
-/4all "7,.1001)
AND NOWhit is Wereby ordered and decreed that a hearing
shall be held on the , day of ?'} Yl 2000 at ?I , 3b 1)./A.
Courtroom a of the Cumberland County Court of Common
Pleas at the Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania to determine whether the Defendant shall be
ordered to make available to the Sheriffs office any personal property
for execution to satisfy the underlying Judgment. Plaintiff, after a
reasonable attempt to serve this notice, shall be permitted to provide
notice by publication.
UW OFF CE9 OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
Stephen J. Hogg, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
John A. Butcher
Defendant
: Civil Action-Law
: No.: 994591
PETITION FOR SUPPLEMENTARY RELIEF
IN AID OF EXECUTION
Plaintiff files this Petition For Supplementary Relief In Aid Of Execution
based on the following:
Plaintiff obtained a Judgment against Defendant by Judgment
Order dated 05/10/99 by District Justice Paula P. Correal in the
amount of $3,116.00.
LAW OR CE9 OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
2. Defendant has made no effort to satisfy the Judgment.
3. Plaintiff attempted to execute on the Judgment by levying on the
Defendant's personal property at his last known address of 332
Pine Street, Steelton, Pennsylvania.
4. Defendant's last known address is an unoccupied residence
and the Sheriffs office has been unable to complete a levy.
5. It is the Plaintiffs belief that the Defendant uses the above
address as his mailing address and continues to receive all mail
addressed to him at that address.
6. It is Plaintiffs belief that the Defendant is intentionally
concealing his whereabouts and the whereabouts of his
personal property specifically the 1994 Cadillac automobile,
Model FL B, Tag #BTT7192, VIN#:1 G6DW52P9RR713062.
Under Pennsylvania Rule of Civil Procedure §3118, the Plaintiff
requests an Order directed to the Defendant to turn over to the
Sheriff for execution all personal property and specifically the
1994 Cadillac automobile, Model FL B, Tag#BTT7192,
VIN#1 G6DW52P9RR713062.
8. Also under §3118 of the PRCP, the Plaintiff requests other such
relief as the Court deems necessary and appropriate.
9. Plaintiff further anticipates that the Defendant will attempt to
avoid service of notice of this petition and notice of a hearing
and request this Court to authorize notice by publication.
Date: 2 7/0'0
ephen J. Hogg, E
Attorney for Plaintiff
uwoFFICES of
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 10i
CARLISLE. PA 17013
VERIFICATION
uW OFFICES OF
STEPHEN J. HOGG
18 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
I verify that the statements made in this Petition to the Cumberland
County Court of Common Pleas, are true and correct. I understand
that false statements herein are made subject to the penalties of 18
Pa. Section 4904, relating to unsworn falsification to authorities.
Date: L 0 0
CERTIFICATE OF SERVICE
I, Stephen J. Hogg, Esquire, Attorney for Plaintiff, hereby
certify that I did on this day serve one true and correct copy of the
attached Petition by United States Mail, postage pre-paid, from
Carlisle, Pennsylvania, on the following:
John A. Butcher
332 Pine Street
Steelton, Pennsylvania 17113
Date: _I Z7 o
Attorney for Plaintiff 0
19 S. Hanover Street, Ste. 101
Carlisle, PA 17013
(717) 245-2698
uw OFFrES OF
STEPHENJ.HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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Stephen J. Hogg, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
vs• : Civil Action-Law
: No.: 99-3591
John A. Butcher
Defendant
RDER
AND NOW, this _ day of 2000,
Defendant having failed to comply with the Order dated May 23, 2000
in which he had 15 days to turn his 1994 Cadillac automobile over to
the Cumberland County Sheriffs department. Defendant is hereby
found to be in contempt of Court. Defendant shall be fined , to
be paid within days of this Order or face imprisonment.
Honorable Edgar B. Bayley
LAW OFFlOE90F
STEPHEN J. HoGG
18 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
Stephen J. Hogg, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. : Civil Action-Law
: No.: 99-3591
LAW OFF CES OF
TEPHENJ.HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
John A. Butcher
Defendant
ORDER
lOtlrwlM ` 0.V"000lhcl/
AND NOW, this 23`° day of May 2000, Plaintiffs Petition for
Supplementary Relief in Aid of Execution is granted. Defendant shall
turn over to the Sheriff for execution a 1994 Cadillac automobile,
c,?G
Model FLB, tag # BTT7192, VIN # 1 G6DW52P9RR713062. 9 to 8otlrt
Defendant shall comply with his Order 'w??
day of 2000 or he in ?nn#-mmt-Af*'rAv4-_
TRUE COPY FROM RV-(A)NU
in Tedr wny whareot, I here unto set my hanc
and the sealmgf said Cou11 at Cartisle, ca.
ihle-ca?3 d 0 7? .
Prothonotary