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HomeMy WebLinkAbout04-1154BENCO DENTAL COMPANY BRENDA RAYE MENTZER Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. "' //°t~q ,O : CML DIVISION ~ LAW PRAECIPE TO THE PROTHONOTARY: Please record the Certification of Docket Entries and Judgment from the Adams County Court of Common Pleas, Commonwealth of Pennsylvania. Please enter the Judgmem for the Plaintiff in this case with the amount due by Defendant of EIGHT THOUSAND, EIGHT HUNDRED NINTY-ONE DOLLARS AND N1NTY-EIGHT CENTS ($8,891.98). TO CUMBERLAND COUNTY Prothonotary Dated: March 17, 2004 Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 C eedlh of Pem v y/var a ¢ o zty of I, PATRICIA A. FUNT, 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 BENCO DENTAL COMPANY, Plaintiff, and BRENDA RAYE MENTZER, Defendant, as the same remains of record before the said Court at No. 2003-SU-0001239 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 9th day of March, A.D., 2004. j Prothonotary I, JOHN D. KUHN, President Judge of the County of Adams, do certify that PATRICIA A. FUNT, by whom the annexed record, certificate and attestation were made and given, and who in his own proper handwriting, thereunto subscribed his 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 of Adams, in the Commonweaith 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 mad/0 by t~ officer. ~'~~- -' eresi~en~Judge comfy Adm I, PATRICIA A. FUNT, Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable JOHN D. KUHN, by whom the foregoing attestation was made and who has thereunto subscribed his name, was, at the time of making thereof, and still is, President Judge of the Court of Common Pleas 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, I have hereunto set my hand and affixed the seal of said Court this /5~ day of F/ga* o~ ~ , A.D., Prothonotary AMONG THE RECORDS AND PROCEEDINGS enrolled in the Court of Common Pleas in and for the County of Adams, in the Commonwealth of Pennsylvania, to No. 2003-SU-0001239 is contained the following: COPY OF APPEARANCE AND JUDGMENT DOCKET ENTRY Benco Dental Company Plaintiff VS. Brenda Raye Mentzer Defendant Costs: Entry of $14,75 paid by Plaintiff. Exemplification fee of $16.50 paid by Plaintiff. See attached Docket Entries Date of Lien 03/09/2004 Amount $ 8,891.98 Nature of Lien Default Judgment Interest From Revival Original Case As per temps No. No. 03-S-1239 Date: 03/09/2004 Time: 03:46 PM Page 1 of 1 Adams County Court of Common Pleas ROA Report Case: 2003-SU-0001239 Current Judge: No Judge I~enco Dental Company vs. Brenda Raye Mentzer Civil Action User: CDUTROW Date 12/08/2003 12/29/2003 02/23/2004 New Case Filed Filing: Civil Complaint Paid by: Kodak, Robed D. (attorney for Benco Dental Company) Receipt number: 0024182 Dated: 12/08/2003 Amount: $98.00 (Check) Sheriff Return of Service filed. (Civil Complaint) (Shffs costs: $53.33 inc. Cumberland Co.) Benco Dental Company, Plaintiff vs Brenda Raye Mentzer, Defendant: Judgment entered in the amount of $ 8,891.98 Filing: Judgment by default Paid by: Kodak, Robert D. (attorney for Benco Dental Company) Receipt number: 0026023 Dated: 02/23/2004 Amount: $14.75 (Check) Praecipe for Default Judgment flied. (Important Notice attached.) Notice of entry of Judgment given to Dfdt by regular mail on 2-23-04. Judge $- ri 200'% This being a true and attested copy taken from ~nd compared with the original Attest: ~.~t~/ D~puty Prothonotary DOCKET RECEIPT FOR JUDGMENT IN THE ADAMS COUNTY COURT COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA BENCO DENTAL COMPANY Plaintiff VS. BRENDA RAYE MENTZER Defendant Monday, February 23, 2004, Judgment entered to 2003-SU-0001239 for $ 8,891.98 on Judgment Default dated 2-23-04 payable as per terms with interest from as per terms Waives Exemption, Inquisition and Condemnation with Attorney's Commission. Deputy Prothonotary Return docket receipt when this judgment is to be satisfied The above judgment satisfied of Record t~l~/-- JJ~'~ De~ll~ty Prothonotary Note: Plaintiff will carefully examine this paper and report at once any errors to Patricia A. Funt, Prothonotary BENCO DENTAL COMPANY Plaintiff BRENDA RAYE MENTZER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CML DMSION - LAW To BRENDA RAYE MENTZER, Defendant(s) You are hereby notified that on a (Judgment) has been entered against you in the above-captioned case. · 20~, the following Judgment entered in the amount of $8.891.98. ,r~ Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: BRENDA RAYE MENTZER 221 PINE GROVE ROAD GARDNERS PA 17324 A/BRENDA RAYE MENTZE1L Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: BRENDA RAYE MENTZER 221 PINE GROVE ROAD GARDNERS PA 17324 Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 BENCO DENTAL COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plainti?f VS BRENDA RA YE MENTZER · 221 PINE GROVE ROAD GARDNERS. PA 17324 Defendant (s ) Writ No. Term 20 No. 04-1154 CIVIL Term 2004 Amount due $ 8,891.98 InterestFt~OM DATE OF JUDG. (03/18/04) Atty's CormT. $ 444.60 and CostsTO BE DETERMINED $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ~-BOVE ~UkTTER, (1) Directed to the Sheriff of C[3~E~.~ County, Pennsylvania; (2) against BRENDA RAYE MENTZER (3) and against (4) and index this writ (a) against BRENDA RAYE MENTZER Defendant Garnishee Defendant(s} and (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LE%'Y UPON i~_LL PERSOAU~L PROPERTY OFABOVE~LISTED DEFENDANT, BP~ENDARAYE ~NTZER,AT 221 PINE GROVE ROAD, C~%PdDNERS, CU~BERI~kND COUNTY, PE~R~SYLV~IA. //~/~ (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717} 238-7159 Dated 06/04/04 Attorney For Plaintiff(s) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1154 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENCO DENTAL COMPANY, Plaintiff (s) From BRENDA RAYE MENTZER, 221 PINE GROVE ROAD, GARDNERS, PA 17324 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, BRENDA RAYE MENTZER, AT 221 PINE GROVE ROAD, GARDNERS, CUMBERLAND COUNTY, PA (2) You are also directed to a~ach 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) Ifproperty 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 $8,891.98 Interest FROM DATE OF JUDG (3/18/04) Atty's Comm % $444.60 Arty Paid $37.50 Plaintiff Paid Date: JUNE 7, 2004 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 71%238-7159 Supreme Court ID No. 18041 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriffs Costs: Docketing $ 18.00 Poundage 1.99 Advertising i0.00 Law Library .50 Prothonotary 1.00 Mileage 14.80 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $ 101.29 Advance Costs: 150.00 Sheriff's Costs: 101.29 48.71 Refunded to Atty on 09/13/04 Sworn and Subscribed to before me this i,qa. day of 2004 A.D. pr0~o~o~a~.ytQ, So Answers; BENCO DENTAL COMPANY, Plaintiff VS. BRENDA RAE MENTZER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-1154 CIVIL : : CIVIL ACTION - LAW PRAECIPE Enter the attached order avoiding the lien of this judgment upon Defendants' real estate located at 221 Pine Grove Road, Dickinson Township, Cumberland County, Pennsylvania. Respectfully submitted, 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : BRENDA R. MENTZER, : Debtor : : BRENDA R. MENTZER, : Movant : V. : BENCO DENTAL COMPANY : Respondent : CHAPTER7 CASE NO. 1:04-bk-05502-MDF ORDER Upon consideration of Debtor/Movant's Motion to Avoid Judicial Lien and Respondent's failure to respond to said motion, a judgment by default is entered against Respondent and the lien claimed by Benco Dental Company by its judgment docketed in the Court of Common Pleas for Cumberland County, Pennsylvania to No. 04-1154 Civil Term upon real estate of Brenda R. Mentzer is avoided. BY THE COURT, Date: Unit&l Stlites Baakruptcy Judge FILED PA U.S. Bsnkruptcy Court CERTIFIED FROM THE RECORD this_':~c~'- day of {'~(y,a.~,._,~o4r~_ _, 20 ~ Clerk, U.S. Bankruptcy Court -- Clerk