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HomeMy WebLinkAbout08-239908-dZ99 civil term COMMONWEALTH OF PENNSYLVANIA, SS. COUNTY OF FRANKLIN I, Linda L. Beard, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein ........................... CUMBERLAND VALLEY FUELING COMPANY ....... ........ . . Plaintiff, and ..... , DEAN WEAVER AND KELLY WEAVER Defendant, so full and entire as the same remains of record before the said Court, as No.jt?008 .- 485 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this „ March ,26?„2008 Prothonotary I JOHN R WALKER ..... President Judge of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do certify that Linda L. Beard, Prothonotary, by whom the annexed record, certificate and attestation were made and given, and who, in her own proper handwriting, thereunto subscribed her name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper offic President Judge COMMONWEALTH OF PENNSYLVANIA, SS. COUNTY OF FRANKLIN I, Linda L. Beard, Prothonotary of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do hereby certify that the Honorable ... , , JOHN R WALKER by whom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of making thereof and still is President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, II have hereunto set my hand and affixed the seal of said Court, this .....0 6. day of ...WCH ......... A.D. 19 .?008 Prothonotary b ro O J 0 ym r H r Ga a m CD a A) '3 C CL O a f-4 : a • w n W o ; IV : O O ; co I O r y W O ro • O :!- •V •O •N d O er r w m W H 0 w 0 c d : :Q. :r :O Pd d :c :ct : Pd C (D H 0 rn .n :r t :y •r :r :ro :cl .rt :n :? .n :Z z O N 0 0 OD 00 .10443303262008 Franklin County Prothonotary PYS510 's Office Civil Case Print Page 1 2008-00485 CUMBERLAND VALLEY FUELING CO (vs) DEAN WEAVER ET AL Reference No..: Case Type.....: DISTRICT JUST JUDGMENT Filed........: Time 1/30/2008 Judgment...... .00 Judge Assigned: ...... Execution Date 2:16 0/00/0000 Disposed Desc.: Jury Trial.... ------------ Case Comments ------------- Disposed Date. Hi her C t l 0/00/0000 g r .: Higher Crt 2.: ******************************************************************************** General Index Attorney Info CUMBERLAND VALLEY FUELING CO PLAINTIFF 406 GRANT STREET CHAMBERSBURG PA 17201 WEAVER DEAN DEFENDANT 38 BURKETT ROAD SHIPPENSBURG PA 17257 WEAVER KELLY DEFENDANT 38 BURKETT ROAD SHIPPENSBURG PA 17257 Judgment Index Amount Date Desc WEAVER DEAN 5,531.83 .1/3;0/2008 JUDGMENT WEAVER KELLY 5,531.83 1/30/2008 JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** 1/30/2008 NOTICE OF DISTRICT JUSTICE JUDGMENTTAGAINST THE DEFENDANTS IN THE AMOUNT OF $5,531.83 FILED. 001 Image page(s) exist(s) for this entry ----------------- ------------------------------------------------- 1/30/2008 NOTICE OF ENTRY OF JUDGMENT SENT VIA REGULAR MAIL TO DEFENDANT(S). - - - - - - - - - - - - - - LAST ENTRY - - - - - - - _ ******************************************************************************** * * Fees & Debits Escrow Information ******************************BeV*Ba****P p**/Ad******E*d*Ba******************* JUDG D.J. 17.00 17.00 JUDG D.J. DISC 5.00 5.00 .00 JUDG D.J. .00 DJ JDG-AUTO FEE .25 •25 .00 EXEMPLIFICATION 5.00 5.00 .00 .00 ------21_00-------21.00 ---------- ------------ 48.25 48.25 ***********************************************************.00 ********************* * End of Case Information ******************************************************************************** l?Prfi??? on this QY Prothonotary of Franklin County, PA ?; ? w ^,' + COMMONWEALTH OF PENN '?? .. SYLVANIA COUNTY OF. -_VM LIN Mag. Dist. No.: 39-2-01 MDJ Name. Hon. GAMY L. CARTER Address: 218 N 2ND ST CRAMBERSBURG, PA Telephone: (717 ) 263-5808 17201 CUMBERLAND VALLEY PURLING COMPANY 406 GRANT STREET CgAMBERSBURG, PA 17201-1632 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: NOTICE OF JUDGMENTS ANSCRIPT _ CIVIL CASE PLAINTIFF: tJr?MBERIJWD VALLEY 406 GRANT STREET CRAMBERSBURG, PA NAME and ADDRESS FUELING COMPANY -1 17201-1632 L J DEFENDANT: vs. NAME and ADDRESS SAVER, DEAN &''rMVER, KELLY, ET AID 38 BURKETT ROAD SHIPPENSBURG, PA 17257 L J Docket No.: CV-0000545-07 Date Filed: 10/04/07 (Date of Judgment) 12/13/07 (Name) CUMBERLAND VALLEY FUELING COMP ® Judgment was entered against. (Name) WEAVER, DEAN & WEAVER, KELLY in the amount of $ 5, 531.8 Defendants are jointly and severally liable. P Damages will be assessed on Date & Time F] This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 5,379.33 $ 15 .5 $ $ 5,531.83 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 DEBTORPAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a'j s tt sts Date ' Magisterial DtMrict )4dge I certify that this is a true and correct cop f record of the proceedings containing the judgment. 01-16-08 Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 flATI! 1PRTUT1M • 1 /1 6 /08 2 2 512 00 PK { --a I n T h e C o u r t O f C o m m o n P l e a s O f Franklin County Prothonotary's Office Statement of Judgment CUMBERLAND VALLEY FUELING CO ** VERSUS ** WEAVER DEAN WEAVER KELLY Case No.: Entered: 2008-00485 1/30/2008 1/30/2008 Note Dated: Int. From: Judgment: $5,531.83 Filing Fee: $27.25 Atty Fee: Mag. Costs: Sheriff Costs: Satisfaction: Bill of Cost: Certified from the record this 31st day of January A.D., 2008 Prothonotary - - - - - - - - - - - ------------ SATISFACTION ----------- ----------------------------------- Received Debt interests and costs in full of the within stated judgment; and the Prothonotary is hereby authorized and directed to satisfy the same, upon payment of the Record costs. Plaintiff ----------------------------------- RECEIPT FOR PAYMENT Franklin County Prothonotary's Office Receipt Date 1/31/2008 157 Lincoln Way East Receipt Time 8:09:23 Prothonotary's Office Receipt No. 271340 Chambersburg PA 17201 CUMBERLAND VALLEY FUELING CO (VS) DEAN WEAVER ET AL Case Number 2008-00485 Received of CUMBERLAND VALLEY FUELING CO Total Non-Cash..... + Total Cash.. + Change ............. - Receipt total...... _ 27.25 Check# 2059 .00 .00 $27.25 Distribution Of Payment Transaction Description Payment Amount JUDG D.J. JUDG D.J DISC 17.00 FRANKLIN COUNTY GENERAL FUND . JUDG D.J. 5.00 25 FRANKLIN COUNTY GENERAL FUND DJ JDG-AUTO FEE . 5.00 BUREAU OF RECEIPTS CNTR PROTHONOTARY AUTOMATION M D FEE $27.25 ,?kmung the ?6rvrbs ttnb proMbinp enrolled in the Court of Common Pleas in and for the County of Franklin in the Commonwealth of Pennsylvania, to No. ...x/2008 - 485 .................... is contained the following: COPY OF ...... . - 485 ..................... DOCKET ENTRY ..... 200 CUMBERLAND VALLEY FUELING COMPANY, Plaintiff VS. SEE ATTACHED DEAN WEAVER and KELLY WEAVER, Defendants SVIOV3 IH3I3 MO SVIOV3 3HMS NIOHA ls32I3.LNI ixvawoo MUM UaAVaM )MU Cq,,Eg`s$ goon og MVf sg*/-gooZ# juam2pnf AITIVA (IN I"MM 13 2I MM NVHQ .LNfIOwV ZN31moaflf MV3A WH31 ON Nall 30 d3I.LNIV'Id .LNVQN333a 30 3,LVa 3afLLUN saixiua XaCINI .LAIawociflf ? j? ? Imo: . ... l J Lri EE- ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Cumberland Valley Fueling Co., Plaintiff V. Dean Weaver and Kelly Weaver 38 Burkett Road Shippensburg, PA 17257 Defend,Antc : ? Confessed Judgment : ? Other File No. 2008-02399 Amount Due $5,531.83 _ Interest 6% 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendants, any and all personal property including, but not limited to, furniture, television,. stereos, computers, jewelry, tools, vehicles, farm equipment, etc, at the address listed above. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) another property o the defendant(s) in the possession, custo y or contro o e sai garms ee(s). ? (Indicate) Index this writ against the garnishee (s) as a list pendens against real estate of the defendant(s) described in the attached exhibit. Date V-4 - 1? d Signature: Print Name: Address: Attorney for: Telephone: Supreme Cot Michael J. Connor, Esquire 247 Lincoln Way East Chambersburg, PA 17201 Plaintiff 717-262-2185 in ID No: 75927 9L. 000, U ? lol, h cn o su -? szi 00 = U O 4 U 8 r t ? 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND VALLEY FUELING CO., Plaintiff (s) From DEAN WEAVER and KELLY WEAVER, 38 Burkett Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property including, but not limited to, furniture, television, stereos, computers, jewelry, tools, vehicles, farm equipment, etc., at the address listed above. (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 $5,531.83 Interest 6% Atty's Comm % Atty Paid $103.75 Plaintiff Paid Date: 4/28/08 L.L. $.50 Due Prothy $2.00 Other Costs Curtis .Long, Prothon (Seal) REQUESTING PARTY: Name MICHAEL J. CONNOR, ESQUIRE Address: 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-262-2185 By: Deputy Supreme Court ID No. 75927 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor of cuutbelot era RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 05/30/08 Dear Sir, /Cumberland Valley Fueiling, vs C Dean Weaver & Kelly Wea Writ No. 2008-2399 Civil '° Property Claim Determinat Reference is made to Property Claim dated May 21, 2008, entered by Jean Weaver, pertaining to Writ of Execution No. 2008-2399 Civil Term Cumberland Valley Fueling, Co. -vs- Dean Weaver and Kelly Weaver. R. Thomas Kline, Sheriff, has determined that the claimant, Jean Weaver, in the above mentioned property claim, is the owner of the property set forth therein. N a =? y Z4 ?t N So Ans. s: y Thomas R. Kline, Sheriff cc Michael Connor, Atty for Pltff Dean Weaver, Deft Kelly Weaver, Deft. Jean Weaver, Claimant -s ?, , R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor of (Cuurbpr, ?a OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 05/30/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Cumberland Valley Fueiling, Co. vs Dean Weaver & Kelly Weaver Writ No. 2008-2398 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated May 21, 2008, entered by Jean Weaver, pertaining to Writ of Execution No. 2008-2398 Civil Term Cumberland Valley Fueling, Co. -vs- Dean Weaver and Kelly Weaver. R. Thomas Kline, Sheriff, has determined that the claimant, Jean Weaver, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: j*omas Byp cc Michael Connor, Atty for Pltff Dean Weaver, Deft Kelly Weaver, Deft. Jean Weaver, Claimant PROPER'CY CLAIM C4-,x her &Y1&,// 11i Pew,,, L) e k-411,1 toe.-4 VIP", 1 u rii`Q Lt - ?eel 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: TY VALUE In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 020/1 - 02? 9 -(,,o u eS Pa-? ?o C) Via) /?'?PIIiS?Orl UCIe ?a 0 r Date Claimant, State of Pennsylvania: County of Cumberland _ 5'0AN '4' 4)e g ye r being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn _ apd subscribed to befor me f RL day of on &,I Claimant y U 0 e .:a. n?.w...- TCTA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County ly Commission Expires April 4, 2009 ?! ?U,,aJrlS?ireS /? a ? /e box j o Cr ) ?d Alll,, C,,t rove' C1,4 ??`?' ? ? _ SANq el 8,h :01 V i Z PfliJ PViljl (1,21- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advan e Costs: 150.00 Sheriff' s Costs: 135.80 Docketing 18.00 14.20 Poundage 2.66 Advertising 10.00 Law Library .50 Prothonotary 2.00 Refund d to Atty on 10/07/08 Mileage 36.00 Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL 30.00 20.00 15.00 1.64 $ 135.80 ?fb?b416?' ISo Answers; C'> W bZ =ZI d 01 ddV 8001 Vd'),INjjL,3 dd183HS 31.1 _? _.?._._.. X46(90 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2399 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND VALLEY FUELING CO., Plaintiff (s) From DEAN WEAVER and KELLY WEAVER, 38 Burkett Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property including, but not limited to, furniture, television, stereos, computers, jewelry, tools, vehicles, farm equipment, etc., at the address listed above. (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 $5,531.83 Interest 6% Atty's Comm % Atty Paid $103.75 Plaintiff Paid Date: 4/28/08 L.L. $.50 Due Prothy $2.00 Other Costs Curtis V Long, Protho (Seal) REQUESTING PARTY: Name MICHAEL J. CONNOR, ESQUIRE Address: 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-262-2185 Supreme Court ID No. 75927 By: Deputy Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Cumberland Valley Fueling Co., Plaintiff vs. Dean Weaver and Kelly Weaver, Defendants Civil Action- Law No: 2008-02399 PRAECIPE TO SATISFY JUDGMENT DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above referenced judgment satisfied, discontinued and ended. WALKER, CONNOR & JOHNSON, LLC Date:_ 12 It 8 1 -to, u By: _ z-_, Michael J. Connor, Esquire Attorney I.D. # 75927 247 Lincoln Way East Chambersburg, PA 17201 Attorney for Plaintiff (717) 262-2185 ;;i_?1 47 ?? + .