HomeMy WebLinkAbout08-5504!; ?- SSG ?/ c v,` f -f zr k
No,
G'bMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
rnl InITv np• CUMBERLAND CIVIL CASE
Mag. Dist. No.:
09-3-05
MDJ Name: Hon.
MARK MARTIN
Address. 507 N YORK ST
MECHANICSBURG, PA
Telephone: (717) 766-4575 17055
ATTORNEY FOR PLAINTIFF :
ARTHUR M. FELD
1309 BRIDGE ST
NSN CUMBERLAND,
PLAINTIFF: NAMEandADDRESS
riMST SHORE OIL CO INCIWZSCO ENGERG0
419 S STATE ST
MARYSVILLE, PA 17053
L J
VS.
DEFENDANT: NAME and ADDRESS
rCLAYTON, MICHELLE
426 S YORK ST
MECHANICSBURG, PA 17055
L J
Docket No.: CV-0000212-08
PA 17070-1116 Date Filed: 7/08/08
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDG Mff PLTF
T Judgment was entered for
(Date of Judgment) 8/08/08
(Name) WEST SHORE OIL CO INC/NZSC0 EN
® Judgment was entered against: (Name) CLAYTON, MICHELLE
in the amount of $ 2.544.4
1-1 Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
F] 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
$ 2,420.42
$ 24.00
$ .00
$ - 00
$ 2,544.421
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 PR CED E FOf I
tUI NfI flT Dt_DE E IC'f5`Fd,Et # Ft Tli>` tt[ IS ft ll? fH COk1F T F GOIfIFWLC S; ALL FUIR-' HER-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 W. THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date ?iS ?? , Magisterial District Jude i
My commission expires first Monday of January,
SEAL
AOPC 315-07
Cx
? v
U
Y
C.3
A? *
s - I
WEST SHORE OIL CO., INC. T/A
WESCO ENERGIES
VS
MICHELLE CLAYTON
Defendant/s
To MICHELLE CLAYTON
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
No. 6r- S-ro
You are hereby notified that on SEPTEMBER , 2008, the following
judgment has been entered against you in the above captioned case.
JUDGMENT IN THE AMOUNT OF $2544.42
PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS
OF SUIT THEREON
DATE: SEPTEMBER /7 , 2008
Prothonotary v?r
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
MICHELLE CLAYTON
426 S. YORK STREET
MECHANICSBURG, PA 17055
it
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
WEST SHORE OIL CO., INC. T/A
WESCO ENEGIES
VS.
MICHELLE CLAYTON
426 S. YORK STREET
MECHANICSBURG, PA 17055
Defendant
( ) Confessed Judgment
(X) Other DISTRICT JUSTICE
File No. 08-5504
Amount Due $2544.42
Interest FROM 08/08/08
Atty's Comm
Costs Total
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 defendant (s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND.PERSONAL PROPERTY
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)
and all other property of the
defendant(s) in the possession, custody or control of the said
garnishee(s).
(Indicate) Index this writ against
? n1ve
DATE :
Signature: ? u
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
(717) 77 0-02 92
ID No. #07172
;-4
70
f1
CS
N
h
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-5504 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WEST SHORE OIL CO., INC. T/A WESCO ENERGIES
Plaintiff (s)
From MICHELLE CLAYTON, 426 S YORK STREET, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND 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 $2544.42
Interest FROM 8/08/08
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Date: OCTOBER 3, 2008
L. L. $.50
Due Prothy $2.00
Other Costs
C is R. Long, Pr tary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs 71.91
Docketing $ 18.00 78.09
Poundage 1.41
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 11/25/08
Milage 10.00
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Postage
TOTAL $
71.91
? 12-111109 So Answers;
R. homas Kline, Sheriff
G
B -c
1 bZ:11V L-108001
)
=
C?D Vd'klNnoJ
dAWNS 3Nl ?'0 3?ld?0 a. L,
' U2 4'1 0 1
a? 3q
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY" OF CUMBERLAND)
NO 08-5504 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WEST SHORE OIL CO., INC. T/A WESCO ENERGIES
Plaintiff (s)
From MICHELLE CLAYTON, 426 S YORK STREET, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND 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 $2544.42
L.L. $.50
Interest FROM 8/08/08
Atty's Comm %
Arty Paid $53.75
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: OCTOBER 3, 2008
(Seal)
Curtis ong, Pro"`"Q ta,
By:
Deputy
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE
DISTRICT OF PENNSYLVANIA rr
Mao cn
CHAPTER 13
Mao rq
CASE # 1-08-bk-04371
IN RE : MICHELLE A. CLAYTON,
DEBTORS,
3>C.'i :z
�-rj
MICHELLE CLAYTON, ?C)
MOVANT, Motion for Lien Avoidanc:�"x
vs.
WEST SHORE OIL COMPANY,
RESPONDENT,
ORDER OF DEFAULT ON MOTION FOR LIEN AVOIDANCE
(1) It appearing to the court that no answer or other responsive pleadings having been filed
in the above proceeding to avoid lien and the time allowed for the lilin`g of response pleadings as
set by the court having expired, the above matter is in default. All allegations of the
movant/debtor are held to be admitted and the court finds as a matter of fact that the Judgment
Lien held by West Shore Oil Company Inc. Docket # 2008-5504 held in the Court of
Common Pleas of Cumberland County Pennsylvania, respondent/creditor is a lien which
encumbers and inteferes with debtor's exemptable assets.
(2) All of the property subject to the lien of the debtor, is in the possession of the debtor or
the debtor's family and is held primarily for the personal, family, and household use of the
debtor.
(3) The existence of the respondent/creditor's lien on debtor's exemptable property impairs
exemptions to which the debtor is entitled under I 1 USC §522(b).
It is hereby ordered, adjudged and decreed that the Judgment Lien of West Shore Oil
Company Inc. Docket # 2008-5504 held in the Court of Common Pleas of Cumberland
County Pennsylvania, held by respondent/creditor in the above—stated debtor's exemptable
assets be and hereby is AVOIDED AND STRICKEN.
By the Court'
vw
Chief Bankruptcy Judge
(JK)
. �Sz) Fd U�
Dated: June 11, 2013
Case 1:08-bk-04371-MDF Doc 86 Filed 06/11/13 Entered 06/11/13 12:33:12 Desc
Main Document Page 1 of 1