Loading...
HomeMy WebLinkAbout08-6110Borough of Wormleysburg IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. v ~ - ~ 1 /0 ~ ~~.- Carol D. Frank Defendant :CIVIL ACTION -LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Carol D. Frank, for the amount of $ 831.57 in the above-captioned matter. Date: October 7, 2008 Gary W. Be esfo d Wormleysburg Borough Manager COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDIL88~tI.71]~ Mag. Dist. No.: o9-i-oa` MDJ Name: Hon. itOBBHT `T. 11t~LOVB Address: 1901 STATB ST Ca111tP HILL, PA Telephone (719 } 761-0583 17011-0000 8080IIeH OF 1iO~tIQ~8Y88II>ite Z 0 1L71B,EBT STjt88T i~O~t1LI+E7[8817ZLG• PA 17043 __ . NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rsOgOVas OF w~owa,a~rsso~Q ~ 20 STBEBT ~OA1[LEY88IIB~3, PA 17043 L J VS. DEFENDANT:, NAMEand ADDRESS rF~lt, CAjLOL D ~ "~. 560 OLD 4jtC8AjtD L]R C1~11[F SILL, PA 17 011 i L J Docket No.: CV-0000323-07 Date Filed: 9/12/07 THIS IS TO NOTIFY YOU THAT: DBFAIILT JOD®LmIIT _,rPLTi~ (Date of Judgment). _ .....11/07/07., _ _ _ ~.---:~, .. ,Judgment:. ~. ,~...._ Judgment was entered for: (Name) BOHOIIt~H OF NOft1LLEYSBIIYA © Judgment was entered against: (Name) Cl1AOL D in the amount of $ 831.5 Amount of Judgment $ 732.13 Defendants are jointly and severally liable. Judgment Costs $ • Damages will be assessed on Date & Time Interest on Judgment $ • Attorney Fees $ • This case dismissed without. prejudice. Total $ 831.57 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 post Judgment Credits $ $ Post Judgment. Costs $ Portion- o#Judgment for physical damages arising out of .residential lease $.. 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 bNIS10N. 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=TFIE ~OUiiTOF,,lr'OMMON pLEl4S-ANB Ni~~FUI~'4~R FROOE56 MAY'$E~ ISSUED BY THE ~IAA!GISTERIA~._DIST~IICT JUpiGE : ~. ,~a UNLESS Tiff JUDGMENT IS"ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDG1111ENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGFSTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR'OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~ / r~ Date ` I Certifiy hat this is a true a ofit recrec f ~ ~ ~~ Date l/ /, ll~~ , Magisterial District Judge '- o th fining the judgment. . 3 ~`~ ,Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 SEAL DATE PitIPTBD: 11/07/07 9:41:00 111[ ~ ~ C7 ~-a. f .~ `~, ~ ~ r `~ ~ ~ ' '' r . ` a ~ .` 2 ~ ~ U1 W ~a '. , ~: ~ v ~,. : v ~ C . _ C.a) • r ~°-~ ~'. ~ ~ ~ ."~ .. fJ G y~^^' Q °~ _ ..,~- t -r, ~~ ~ ~. Z i', ,.}C7 ~ ~. -•! +~ ~~` Borough of Wormleysburg, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. D & _ CD 1 l a C.~ 'Try Carol D. Frank Defendant :CIVIL ACTION -LAW NOTICE OF FILING JUDGMENT TO: Carol D. Frank ~~, You are hereby notified that on October'9, 2008, the following judgment has been entered against you in the above-captioned case. $831.57 plus interest and costs Date: m.~,,,~..~ J~ a,UvB` Pro onotary I hereby certify that the names and addresses of the proper person to receive this notice are as follows: Defendants: Carol D. Frank 560 Old Orchard Lane Camp Hill, PA 17011 Creditor/Plaintiff: Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043-1396 I hereby certify that the precise address as to Plaintiff and last known address as to Defendant are correct as set forth above. Gary W. a esford Wormleysburg Borough Manger IN THE COURT OF COMMON PLEAS OF Borough of Wormleysburg :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. NO. Carol D. Frank Defendant :CIVIL ACTION -LAW AFFIDAVIT OF NO APPEAL Sworn to and subscribed to Before me this 4 ~ day of Ut~~~Pit, 2008. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Gary W. Berresford, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Carol D. Frank, has not appealed the verdict entered against her by District Justice Robert V. Manlove on November 7, 2007. ` ~ Notary Public COMMONWEALTH OF PENNV~~` Nob>Iliel SMI Melieee J. S. K01-ye~. Not~rY Public Lemoyne Boro. Cu end ~ X11 My Canmiseion Member, Pennsylvenis Aefodatlon of Noterfes Name: ,88P1 Wormleysburg Borough Manager WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6110 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s) From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011 (1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011 . (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$831.57 Interest Atty's Comm Atty Paid Plaintiff Paid $59.75 Date: AUGUST 29, 2012 (Seal) L.L. $ Due Prothy $2.25 Other Costs l ~ . l~~ David D. Buell, Prothonotary Deputy REQi,1ESTINr PARTY: Name :GARY W. BERRESFORD, MANAGER Address: WORMLEYSBURG BOROUGH 20 MARKET STREET WORMLEYSBURG, PA 17043 Attorney for: Telephone: Supreme Court ID No. Borqugh of Wormleysburg Plaintiff V. Carfll D. Frank Defendants IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVAI'~iIA NO. Og_61 10 CIVIL ACTION (PRAECIPE FOR WRIT OF EXECUTION ..~..~; f'='i ~~ ~~ ~r -t ='' r~ ..c o z~ v --3 ra ra fi~ c. v7 -Q ca a TO THE PROTHONOTARY: -' `~ (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberlanc Pennsylvania: (2) Against ~arnl D Frank ,Defendant: (3) And against N/A ,Garnishee(s): (4) And index this writ (A) Against iarol D Frank ,Defendant (B) Against N/A (Garnishee(s) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows describe property) Any and all personal properly of the Defendants, far c,1 n Frank ~ of "TS 6:0 Old Orchard Lane ,Pennsylvania 1701.1 amp Hi , PA 17011 (5) Amount due $ 8 31 .5 7 Interest from to ~_ @ 6% Total $ 8 31 .5 7 plus All Costs in OiTices Of P tho otary & Sheriff Dated: A „___7„ ~~ 2 2 , 2 012 Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 31 county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment maybe directed only to the sheriff of the which issued. Paragraph (3) shave should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is d authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that c the prothonotary. See Rule 3014(b). ~-'~ Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and ~'' as a lis pendens is desired. See Rule 3104(c). 3t. a s ~ ~~~ q ~:; _,~ ~ -; I-/ i., ---~ c c~ -... ~: c.~ ,~:, ~), the in t as by tk ~~499~ lJ~'~'~ ~ k ~SS~ve Borough of Wormleysburg Plaintiff v. Carol D. Frank Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT NO. 08-61 10 CIVIL ACTION MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) $300.00 statutory exemption (2) Bibles, school books, sewing machines, uniforms and equipment (3) Most wages and unemployment compensation (4) Social Security benefits (5) Certain retirement funds and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds (8) Such other exemptions as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF: 1. The above-named defendant claims exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon: (a) I desire that my $300.00 statutory exemption be: [ ] I. Set aside in kind (specify property to be set aside in kind): [ ] II. Paid in cash following the sale of the property levied upon; or [ ] III. I claim the following exemption (specify property and basis of (2) From my property which is in the possession of a third party, I claim the following (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify properly): (b) Social Security benefits on deposit in the amount of: $ (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing given to me at: Address Telephone Number I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §49( to unsworn falsification to authorities. Date: Defendant: be relating THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. Borough of Wor~nleysburg IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANI.f~ v. NO. 08-6110 ,' Carol D. Frank • ~ Defendants :CIVIL ACTION l i i WRIT OF EXECUTION -NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have rights to prev nt your property from being taken. A lawyer can advise you more specifically of these rights. If yo wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exe t. There is a debtor's exemption of $300.00. There are other exemptions which may be applicable o you. Attached is a summary of some of the major exemptions. You may have other exemptio or other rights. If you have an exemption, you should do the following: (a) Fill out the claim form and demand a prompt hearing. (b) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. This and any future communication from our debt collection firm are attempts to collet a debt and information obtained will be used for that purpose. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IiA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 5ET FQR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I Cumberland County Bar Association 32 South Bedford Street Carlisle, Peansylvania 17013 {800)990-9108 (717)249-3166 j " SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ ~_ ~~ Sheriff yltl4' b1 ~.Irlttbft~ t ~ ~. ~ --= Jody S Smith ~ ~fly a~~ n ~~ „°,c ~ Chief Deputy ~'' ~ ~ ~ cn ~"° rv %~ e~ Richard W Stewart r' ~G ~~; Solicitor `ter" ~ '"~ ~"f ~'fr Z~ ~ 3 ~ "_ ~ ~ ~ ~~ ,. ~t-., ~? ~_~ Borough of Wormleysburg vs. Carol D Frank Case Number 2008-6110 SHERIFF'S RETURN OF SERVICE 10/03/2012 05:00 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be JAMES MOSE-HUSBAND, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Carol D Frank at 560 Old Orchard Lane, Wormleysburg Borough, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on 10-05-12. 11/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $93.68 November 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,~~ ;~~' ~ a~Co ~~ ~~~ a~ (cl Ceun,ySu~te Ghenff, Telecsoh: Irc. DISTRIBUTION PLAINTIFF Borough of Wormleysburg WRIT NO. 2008-6110 Borough of Wormleysburg Vs Carol D. Frank Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 831.57 59.75 $ 891.32 Sheriff s Costs: Docketing $ 18.00 Poundage 16.63 Law Library Prothonotary 2.25 Service Mileage 15.00 Postage 1.80 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 20.00 Levy 20.00 TOTAL $ 93.68 Defendant Paid to Sheriff $ 985.00 Advance Costs 150.00 Total Collected $ 1,135.00 DISTRIBUTION Pd. To Pltff. $ 891.32 Refund of Adv. Costs 150.00 Sheriff's Costs 93.68 So Answers: ~/ ~~ R .Anderson ~' S ff B WRIT OF EXECUTION and/or ATTACHMENT .» COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6110 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s) From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011 (1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011 . (2) You aze 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$831.57 Interest Atty's Comm Atty Paid Plaintiff Paid $59.75 Date: AUGUST 29, 2012 (Seal) REQUESTING PARTY: L.L. $ Due Prothy $2.25 Other Costs David D. Buell, Prothonotary BY~ Deputy Name :GARY W. BERRESFORD, MANAGER Address: WORMLEYSBURG BOROUGH 20 MARKET STREET WORMLEYSBURG, PA 17043 Attorney for: Telephone: Supreme Court ID No. TRUE COPY RRaNI RECORD M Testimorry whereof, I here unto set my hand and the alpof said Co et Carlisle, P~a This ~kiay of , 20 '//n , • rot a \~~ nyX~l a