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HomeMy WebLinkAbout04-0123COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ClJt'J~]~d~TD Mag. Dist. No,; 09-2-01 PAULA P. COI~REAL Address; I COURTHOUSE SQUARE CAP. LISLE, PA (717) 2a. 0-6564 17013-0000 BETSY S. COY 1830 PINE ROAD NEWVILLE, PA 17241 /.t:7 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS UCOy, BETSY 1830 PINE ROAD NEWVILLE, PA 17241 L VS. DEFENDANT: NAME and ADDRESS ~RYNE~ SR, ROBERT 28 E~ANDA~E CO[TRT CARLISLE, PA 17013 L Docket No,: CI/'-0000386-03 Date F ed: 10/20/03 THIS IS TO NOTIFY YOU THAT: Judgment: ~'~ Judgment was entered for: (Name) ~] Judgment was entered against: (Name) FOR PT.ATNTIFF C~y, R~TSV ~ in the amount of $ on: (Date of Judgment) ~--~ This case dismissed without prejudice. ~---~ Amount of Judgment Subject to Attachment~42 Pa.C.S. § 8127 $ Podion of Judgment for physical . damages arising out of residential lease $ Defendants are jointly and severally liable. Damages will be assessed on: (Date 8, Time) Amount of Judgment $ 8,000.00 Judgment Costs $ 113.50 Interest on Judgment $ .00 Attorney Fees $ ,00 Total $ 8,113.50 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 N(~TICE OF JUDGMENT/'FRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDEO IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 SE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I cedify that this is a true and correct copy of the rec~0td of the proceedings' con{aining the judgment, Date ' r ; ~ -- My commission AOPC 315~03 DATE PRINTED: expires first Monday of January, 2006 . 12/09/03 8:3%:16 AM ,DistrictJu~ice SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: (~) Confessed Judgment ( ) Other FileNo. C.~,/ ~)4)C0 Amount Due '¢ 1~'j II.q, ~ Interest Atty's Comm Costs 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 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 O_~,,bcn ~rjOrtC[ County, for debt, interest and costs, upon the following described property of the defendant(s) PRAECIPE FOR A'I-I'ACHMENT EXECUTION 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) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date signature: Priht Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an originat 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO04-123 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BETSY S. COY Plaintiff (s) From ROBERT BRYNER, SR., 28 EVANDALE COURT, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell 1978 2 BEDROOM MOBILE HOME, SHED (OUTSIDE) AND OTHER PERSONAL PROPERTY, 1993 FORD ESCORT STATION WAGON. 1992 DODGE CARAVAN SW FF25040 - FF32585 SEE PHOTOS, SEE LIST OF PERSONAL 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: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(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 enjo/ned as above stated. Amount Due $ 8113.50 Interest Atty's Corem % Arty Paid Plaintiff Paid $34.25 Date: 1/12/04 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name BETSY S. COY Address: 1830 PINE ROAD NEWVILLE, PA 17241 Attorney for: Telephone: (717) 486-3745 CURTIS R. LONG Prothonotary Deputy Supreme Court ID No. glvlEiXlDED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 04-123 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BESTSY S. COY Plaintiff(s) From ROBERT BRYNER, SR., 21 EVANDALE COURT, CARLISLE, PA 17013 (1) You are directed to lew upon the property of the defendant (s)and to sell 1978 - 2 BEDROOM MOBILE HOME - SHED (OUTSIDE) AND OTHER PERSONAL PROPERTY - 1993 FORD ESCORT STATION WAGON. 1992 DODGE CARAVAN SW FF250 40 - FF32585 SEE PHOTOS. SEE LIST OF PERSONAL 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: 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 $8113.50 L.L. Interest Atty's Comm % Due Prothy $1.00 Atty Paid $34.25 Other Costs Plaintiff Paid Date: 1/12/04 (Seal) REQUESTING PARTY: Name BETSY S. COY Address: 1830 PINE RD., NEWVILLE, PA Attorney for: Telephone: (717) 486-3745 CURTIS R. LONG Prothonotary By/,J~ ~D puty~~ Supreme Court ID No. R. THOMAS KLiNE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Cadiste, Pennsylvania 17013 RONNY R. ANDERSON Chief Deput~ JODY S. SMITH Real Estate Deputy Dear Sir, January26,2004 Betsy S. Coy vs Robert Bryner, Sr. No. 2004-123 Civil Term Property Claim Determination Reference is made to Property Claim dated January 16, 2004, entered by Robert Bryner, Jr., pertaining to Writ of Execution No. 2004-123 Civil Term, Betsy S. Coy -vs- Robert Bryner, Sr. R. Thomas Kline, Sheriff, has determined that the claimant, Robert Bryner, Jr., in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: R. Thomas Kline, S'heriff Betsy S. Coy, Plaintiff Robert Bryner, Sr., Defendant Robert Bryner, Jr., Claimant PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: VALUE THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: . . / ~ .-~/,'u< 0.4 ,m ~-~.~,do_/, e.4. ~.C~ ~,~¢J i~ rl~J ~o ~ll State of Pennsylvania: County of Cumberland · ' p p rty c164m are correct and true. Swor~.~ subscrib~il to before me .... "C'anrsTf Boro, Cumberland County My Commission Expires April 4, 2005 being duly sworn according to law, deposes and says that the ,~0, oo ~0, oo ~00. O0 .oz~O o, oo ~0.oo ~o,oo ~'00. Oo /00, oo ,._,~0. o 0 /0 ,o0 Ft' f-e_.., /----/90. o o ~00. oo /dO. c~o ~00 ,Oo /dO, oo /0o, O0 50, oo '75.~o orOo. oo tOo,oo /O. oo Dvp oD ._,4'0, oo ~0, oo ~0o. oo .S~O o. oo ~0,oo ~o,oo ,~00. Oo /0o, oo ,,,,~O. o 0 I0 ,o0 ~ 0I 0 0 BETSY S. COY, Plaintiff V. ROBERT BRYNER Sr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-123 CIVIL ACTION - WRIT OF EXECUTION Plaintiff's Objections to Claimant Robert Bryner, Jr.'s Property Claim TO THE PROTHONOTARY: Enter objection to the Claimant's claims as follows: 1. Claimant resides at 21 Evandale Court, Carlisle, PA 17013. 2. Plaintiff/Execution Creditor resides at 1830 Pine Road, Newville, PA 17241. 3. Plaintiff/Execution Creditor objects to, and denies Claimant's claim to the following items of personalty: · Dodge Caravan (1992) · Freezer Kenmore · Telephone Southwestern Bell · 2 Lamps blue · Bed King Size · Swing · Shop Vac · Eureka Vacuum · Play Station 2 · Play Station 2 Games (20) · Play Station 2 Controllers · Wind machine Fan · Motorola minitor (sic) 2 (firefighter) · TV 27 inch Phillips · Answering machine Sprint In addition, Plaintiff/Execution Creditor objects to, and denies any suggestion that "she got the mobile home for [Claimant and his significant other]." 5. It was precisely this issue that was adjudicated before District Justice Correal that led to the Judgment in Plaintiff' s/Execution Creditor's favor, the judgment that is the subject of the present Writ of Execution. 6. Plaintiff/Execution Creditor objects to, and denies claimants Claim to the mobile home. 7. Plaintiff/Execution Creditor objects to Claimant's appraisal of the Play Station 2 and the associated games and controllers. 8. Plaintiff/Execution Creditor objects to Claimant's appraisal of the Dodge Caravan (1992). 9. Plaintiff/Execution Creditor objects to Claimant's appraisal of TV 27inch Phillips. 10. Plaintiff/Execution Creditor is prepared to prove at a formal hearing that Claimant does not own the above-mentioned personalty. 11. A Sheriff's appraisal of the property will not be necessary, because if the property is determined to be the Claimant's then the appraised value will be irrelevant as the property will be exempted from the Writ of Execution. 12. If the property is determined not to be the Claimant's, then Claimant will not have standing in this matter and his appraisals, again will be irrelevant. WHEREFORE, Plaintiff/Execution Creditor requests a formal hearing be scheduled so that property rights to the above listed personalty can be determined by the court. DATE: ~ -' 5 '" 0 9 p~l~Ohn C. Porter Attorney for the ntiff/Execution Creditor Supreme Court ID No. 90152 61 West Louther Street Carlisle, PA 17013 (71'7) 249-1177 BETSY S. COY, Plaintiff V. ROBERT BRYNER Sr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-123 CIVIL ACTION - WRIT OF EXECUTION CERTIFICATE OF SERVICE I, John C. Porter, counsel for Plaintiff/Execution Creditor hereby certify that a copy of the Plaintiff's Objections to Claimant Robert Bryner Jr.'s Property Claim was served upon Claimant at Claimant's residence, 21 Evandaie Court, Carlisle, PA 17013, this ~4k day of ~'0aro~.,:)~ ,2004, by first-class mail., postage prepaid. John C. Porter, Esq. Pa Sup. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 717-.249-1177 BETSY S. COY, Plaintiff ROBERT BRYNER Sr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-123 CIVIL ACTION - WRIT OF EXECUTION ORDER AND NOW on this (~Jch day of,.3A~4~004, a hearingq ~ regarding Robert Bryner Jr.'s property claim is scheduled for the [ day of J~,2004, at,~:00 I°.m. inCourtr°°mnumber ~ inthe Cumberland County Courthouse, Carlisle, Pennsylvania. BY THECOURT BETSY S. COY, Plaintiff ROBERT BRYNER Sr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-123 CIVIL ACTION - WRIT OF EXECUTION CERTIFICATE OF SERVICE I, John C. Porter, counsel for Plaintiff/Execution Creditor hereby certify that a copy of the Court's Order scheduling a hearing regarding Robert Bryner, Jr.'s property claim and Plaintiff's Objections to Claimant Robert Bryner Jr.'s Property Claim was served upon Claimant at Claimant's residence, 21 Evandale Court, Carlisle, PA 17013, this _~/..~'~ day of fe~m.~D~/ ,2004, by first-class mail, postage prepaid. unsel for the Plaintiff ,hn C. Porter, Esq. Pa Sup. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 717-249-1177 BETSY S. COY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ROBERTBRYNER, SR. : 04-0123 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of March, 2004, following a hearing, IT IS ORDERED that the property claim filed by Robert L. Bryner, Jr., IS UPHELD as to the following property levied on by the sheriff: Chair/sofa tan color Rainbow Rentals Refrigerator Rentway Hutch Rainbow Rentals TV 19 inch mag Computer Compac Rainbow Rentals Fire hero collectible 3 Rusty Wallace cars 3 knives collectibles Assorted figures Scanner (Electra) 3 spools of phone cord 341 pieces tool set/socket/wrench, etc. Bench top pro drill, sander, jigsaw, cir. saw VCR Phillips Bar-b-que grill Pinner home theatre Rainbow Rentals DVD player Rainbow Rentals DVD movies (20) Dartboard Lennox sound CD player 1 neon lamp 3 fishing poles Videos 2 lamps blue Shop Vac Eureka vacuum Motorola minitor [sic] 2 (firefighter) The property claim of Robert L. Bryner, Jr., IS DENIED as to the following property: 1978 2 bedroom mobile home Dodge Caravan (1992) Freezer Kenmore Telephone Southwestern Bell Bed king size Swing Play Station 2 Play Station 2 games (20) Play Station 2 controllers Wind machine fan TV 27 inch Phillips Answering machine Sprint Edgar B. Bayley, J. John C. Porter, Esquire For Betsy S. Coy Kara Haggerty, Esquire For Robert Bryner, Sr. Sheriff's Office :sal ':' 'L -.10 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Thursday March 25, 2004, at which time the personal property of Robert Bryner, Sr., was sold to Betsy S. Coy, of 1830 Pine Road, Newville, PA 17241, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday, March 25, 2004, at, 11:00 A.M.E.D.S.T., at, 21 Evandale Court, Carlisle, Pennsylvania, 17013. This Writ is retumed STAYED. Sheriff's Costs: Docketing $ 18,00 Poundage 74.10 Advertising 10.00 Law Library Prothonotary 1.00 Milage 6.90 Cert. Mail Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 150.00 Pd by Defendatlt Sworn and Subscribed to before me This /t/~ day of ~ 200~/A.D'Pro~o~a~ ~ R. Thomas Kline, Sheriff SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2004-123 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON THURSDAY THE 25TIt DAY OF MARCH 2004 AT 11:00 A.M., THE PROPERTY OF ROBERT BRYNER, SR, AT, 21 EVANDALE COURT, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWiNG PROPERTY TO WIT: FORD ESCORT WAGON TAG. NO. 25040 FIRE FIGHTER ViN. NO. 1FAPP15J1PW157681 1992 DODGE CARAVAN REG. NO. 32585 FIRE FIGHTER V1N. NO. 2B4544538NR587494 1978 CHAMP MOBILE HOME GREY iN COLOR VIN. NO. 5867031246 DVD CAN OPENER MICROWAVE (MAGIC CHEF) LAWNMOWER TELEPHONE (SOUTHWESTERN BELL) SWING PLAY STATION 2 GAMES (20) PLAY STATION 2 CONTROLLERS (2) 27" TELEVISION (PHILLIPS) SPRINT ANSWERING MACHINE CHAIR DRYER (KENMORE) FREEZER (KENMORE) BED (KING SIZE) PLAY STATION 2 WiND MACHiNE FAN (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FWE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 30TM DAY OF MARCH 2004 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN' 1N EXECUTION AS PROPERTY OF ROBERT BRYNER, SR, AT, 21 EVANDALE COURT, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 / ? CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Robert Bryner, Sr., by handing to Betsy S. Coy, of 1830 Pine Road, Newville; Pennsylvania 17241 for the sum of $1.00, it being the highest bid and price quoted for the same. Date and Time of sale, Thursday March 25, 2004 at 11:00 A.M.E.D.S.T., at 21 Evandale Court, Carlisle, Pennsylvania.