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HomeMy WebLinkAbout08-0003COMMONWEALTH OF PENNSYLVANIA r,nl ?niT i nf= CUMZRLAND }1x . G - 6 3 L l NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 ACC, LLC. P. O. BOX 264 TAYLOR, PA 18517-0264 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT 0ulDGM30W PLTF PLAINTIFF: NAME and ADDRESS FACC, LLC. P. O. BOX 264 TAYLOR, PA 18517-0264 L J VS. DEFENDANT: NAME and ADDRESS rBRUJMR, MARY L. 7 16 CLOVER LANE MECHANCISBORG, PA 17050 L J Docket No.: CV-0000636-07 Date Filed: 9/21/07 _ (Date of Judgment) 11/29/07 FZ1 Judgment was entered for: (Name) ACC, LLC. ® Judgment was entered against: (Name) in the amount of $ 8,158.50- BRUNNER, MARY L. ? Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 17 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 8,000.00 $ 158.55 $ .00 $ .00 $ 8,158.501 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 PROTHONOTARY/CLERK 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 JUDGMENT 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. l Q / Date tl' W 1 f' _ister'A trict judge. I certify that this is a .lLw-w orreet copy of record of the p c ings contair;ing tjudgment. ?/ go A V a Date , Magisterial District'Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 11/29/07 9:57:00 AM 65001 CO-- N ca q -v' rnr 33 A- Az ftQ -C ... N Zt_, :x cz a 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACC, LLC PO Box 264, Taylor, PA 18517 Vs. MARY L BRUNNER 16 Clover Lane Mechanicsburg, PA 17050 Judgment / Execution No. CV 08-03 PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) TO THE PROTHONOTARY: Issue a writ of execution in the above matter, directed to the Sheriff of Cumberland County, Against MARY L BRUNNER, tiny aando-Q proper+sl of +ke c>tir? - Garnishee: Commerce Bank 4860 Carlisle Pike Mechanicsburg, PA 17050 -Y array and 01 bank A4counis in d+dantg Name Amount Due .......................$ 8158.50 Interest from... $ 4547.91 Total ........................... $ 12,706.41 Dated: June 19, 2008 Plus Costs Todd O'Malley, Esquire Attorney for Plaintiff (1) to adapt for mortgage foreclosure, strike out the next nine words ( Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading ' (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". (c) If real property of Defendant in the name of the garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instructions under (b), above: "and index this writ against......., Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specifically describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. If this is solely an attachment, delete this line. ? (T Sv 9' - ? ...? 1 t3 90 Q 10 rr cn r' t3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-03 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACC, LLC, Plaintiff (s) From MARY L. BRUNNER, 16 Clover Lane, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property of the defendant . (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, 4860 Carlisle Pike, Mechanicsburg, PA 17050 Any and all bank accounts in defendant's name. 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 $8,158.50 Interest - $4,547.91 Atty's Comm % Atty Paid Plaintiff Paid $54.25 L.L. $.50 Due Prothy $2.00 Other Costs Date: 6/25/08 (Seal) REQUESTING PARTY: Name TODD O'MALLEY, ESQUIRE Address: 8 REYNOLDS STREET FACTORYVILLE, PA 18419 Attorney for: PLAINTIFF Telephone: 570-780-2954 Supreme Court ID No. K-1,11, b 9 6 ? ?, A ?, , RE. Wed s R. Long, onota By: Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00003 P COMMONWEALTH OF PENNSLYVIANIA COUNTY OF CUMBERLAND ACC LLC VS BRUNNER MARY L And now RONALD E. ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:03 Hours, on the 27th day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within BRUNNER MARY L hands, possession, or COMMERCE BANK 65 ASHL trol of the within named Garnishee AVE , in the CARLISLE, PA 17013 Cumberland County, Pennoylvania, by handing to MARY WHEELER (CUSTOMER ?ERVICE personally three copieslof interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION the contents there of ktown to Her and made Sheriff's Costs: So an Docketing .00 Service 00 77 Affidavit .00 R. Thomas Kline Surcharge 00 Sheriff of Cumberland County 00 ? 7/oa/?? ?- 07/01/2008 Sworn and Subscribed to' before me this ay of By Deputy Sh riff DEFENDANT , _I A.D ACC, LLC Vs. MARY L BRUNNER Vs. COMMERCE BANK (Garnishee) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CIVIL O8 - 0 3 INTERROGATORIES IN ATTACHMENT TO FIRST NATIONAL BANK: YOU ARE REQUIRED TO ANSWER, FILE AND SERVE THE FOLLOWING INTERROGATORIES IN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. 1. At the timer 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 or were liable to him for any reason? Defendant had account 536798275, held individually with a balance of $186.87. Account 536798275 is direct deposit (payroll). Defendant did not receive $300 exemption. Defendant has account 626407456, held individually with a $0 balance. 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 in interest? See answer to question 1 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 4W I'm 5. At any time before or after you were served did the defendant transfer or delivery any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration for? No 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? No 7. If answers to any of these questions above are yes, state fully amounts involved. C, Attorney for the Plaintiff Todd O'Malley, Esquire 8 Reynolds Street Factoryville, PA 18419 (570) 780-2954 PA ID 78741 Dated: June 19, 2008 ./'- • VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of er knowledge, information and belief. ATURE) ? ^ c? v iz CTS R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Docketing $ 18.00 Poundage 2.49 Advertising Law Library .50 Prothonotary 2.00 Milage 15.00 Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 Postage ? '713,0161 TOTAL $ 126.99 Advance Costs: 150.00 Sheriff s Costs: j126.99 23.01 Refunded to Atty on 07/28/08 So Answers; Th i By N-6--tj a P. %On.r HAZ IZ> 0 w W &`D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-03 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACC, LLC, Plaintiff (s) From MARY L. BRUNNER, 16 Clover Lane, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property of the defendant. (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, 4860 Carlisle Pike, Mechanicsburg, PA 17050 Any and all bank accounts in defendant's name. 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 $8,158.50 Interest -- $4,547.91 Atty's Comm % Atty Paid Plaintiff Paid $54.25 Date: 6/25/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, Pro By: REQUESTING PARTY: Name TODD O'MALLEY, ESQUIRE Address: 8 REYNOLDS STREET FACTORYVILLE, PA 18419 Attorney for: PLAINTIFF Telephone: 570-780-2954 Deputy Supreme Court ID No.