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