HomeMy WebLinkAbout08-6686/h
FRY COMMUNICATIONS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. CS _ (p(o8(p C ivi t lens,
MICHAEL BARCHUCK D/B/A CIVIL ACTION
MRB PAINTING,
Defendant
PRAECIPE
To the Prothonotary of Cumberland County:
Please enter judgment pursuant to the Notice of Judgment/Transcript attached hereto.
YOFFE & YOFFE, P.C.
Dated: By , el?,4 - ? J
F AFfREIN. YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 404
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
i '
COMMONWEALTH OF PENNSYLVANIA
rY)l INTY r)F• CU103ER1J=
Mag. Dist. No.:
09-3-05
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
?
r1RY COMMUNICATIONS,
800 W CHURCH ROAD
11[8CEANXCSBURG, PA 17055
MDJ Name: Hon.
1I ARK MARTIN
Address: 507 N YORK ST
MCHANICSBURG, PA
Telephone: (717 766-4575 17055
ATTORNEY FOR PLAINTIFF s
YOFFE & YOFFE P C
214 SENATE AVENUE APT/STE 203
CAMP HILL, PA 17111
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDO PLTF
0 Judgment was entered for: (Name)
(Date of Judgment)
FRY C WUNICATIONS,
9/19/08
® Judgment was entered against: (Name) NICHASL BARCHUK D/B/A 10t3 PAINTING
in the amount of $ 1,104.4
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
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 $1,027.95
$ 16.50
Interest on Judgment $ •
Attorney Fees $ .00
Total $ 1,104.45
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 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 DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
409-/ 9'O ' Date
/% A/-4;
Magisterial District
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
111311,----V Date 495" y4, Magisterial District Judge
L
VS.
I
DEFENDANT: NAME and ADDRESS
rkICHAEL BARCHUK D/B/A M B PAINTING
6407 CANNON DRIVE
MECHANICSBURG, PA 17050
L J
Docket No.: CV-0000283-08
Date Filed: 8/25/08
My commission expires first Monday of January, SEAL
AOPC 315-07
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
7VZy COMML)WCA-MOS,
P) 0",r N?fF
dS <
Wcb*
? Confessed Judgment
? Other
File No. a - lkl u
Amount Due -91, I Oq . L5
Interest AT"Wn I11) 1514 4 oiu+e_ of _ aZAV_
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 l.?lmbey i ow) A
County, for debt, interest and costs, upon the following described property of the defendant (s)
?\Pa?? lei on all XCSonaj pagr+L, c)?-t1 hF*_,nA .ni- 1OCa+-ea1
CLV (DOI 00Ynbn hrLle, MechantCSbwr? ; PPr 1-7nSD
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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 the garnishee (s) as a lis
e ndant(s) described in the attached exhibit.
Date. t 104 Signature:
Print Name
Address:
Attorney for:
Telephone:
pendyns against real estate of the
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Caa1AP P6 11, PA 1-7W I
C11?? G15-18??
Supreme Court ID No: 51,433
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6686 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRY COMMUNICATIONS, Plaintiff (s)
From MICHAEL BARCHUK d/b/a MRB PAINTING, 6407 Cannon Drive, Mechanicsburg, PA
17050
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the defendant .
(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 $1,104.45
Interest from 12/05/08 to date of sale
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Date: 12/09/08
L.L. $.50
Due Prothy $2.00
Other Costs
rtis R. rotho otary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JEFFREY M YOFFE, ESQUIRE
Address: YOFFE & YOFFE, PC
214 SENATE AVENUE, SUITE 404
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-975-1838
Supreme Court ID No. 52933
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O$ l?
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff's Costs:
Docketing 18.00
Poundage 22.09
Advertising
Law Library .50
Prothonotary 2.00
Mileage 9.90
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Bad Check Charge
Postage .84
TOTAL $ 93.33
DW Pd by Defendant
J i So Answers;
..$ 4090
-:,
CIO R. Thomas Kline, S eriff
Lt_
`"i is . Brew aker
#a ga c`? ?,
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-it 1?1?11_
1X30 soul AV 911, JAI
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6686 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRY COMMUNICATIONS, Plaintiff (s)
From MICHAEL BARCHUK d/b/a MRB PAINTING, 6407 Cannon Drive, Mechanicsburg, PA
17050
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the defendant.
(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 $1,104.45
Interest from 12/05/08 to date of sale
Atty's Comm %
Arty Paid $53.75
Plaintiff Paid
Date: 12/09/08
L.L. $.50
Due Prothy $2.00
gther Costs
s R. ro ono
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JEFFREY M YOFFE, ESQUIRE
Address: YOFFE & YOFFE, PC
214 SENATE AVENUE, SUITE 404
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-975-1838
Supreme Court ID No. 52933
DISTRIBUTION
ATTY FOR PLTFF: Jeffrey Yoffe
WRIT NO. 2008-6686 Civil
Fry Communications
-vs-
Michael Barchuk, D/B/A MRB Painting
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees $ 1104.45
13.50
53.75
,171.70
Sheriff's Costs:
Docketing $ 18.00
Poundage 22.09
Posting Sale Bills
Law Library .50
Prothonotary 2.00
Service 9.90
Postage .84
Advertising
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy 20.00
TOTAL $ 93.33
Defendant Paid to Sheriff $ 1265.03
Advance Costs 150.00
Total Collected $ 1415.03
DISTRIBUTION
Pd. To Pltff. $ 1,171.70
Refund of Adv. Costs 150.00
Pd. To Prothonotary 2.50
So Answers:
She
By 60-41
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
?T TH T py
2010 KAY 21 ° I I = U3
M&T BANK SB/M MANUFACTURESE &
TRADERS TRUST COMPANY
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff
vs.
NANCY S. EICHELBERGER-PERKINS a/k/a
NANCY S. EICHELBERGER
KIRK A. PERKINS
Mortgagor(s) and
Record Owner(s)
6030 Creek View Road
Mechanicsburg, PA 17050
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Term
No. 09-6686
Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of
the Notice of Sheriff Sale was made by:
Personal Service by the Sheriffs Office /oen?etentcopy of return attached).
( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of
mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail
attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by
ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section
4904.
Respectfully submitte ,
BY: Keith C. Halili
87073FC
CF: 10/07/2009
SD: 06/02/2010
$120,940.97
COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Legal Secretary
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
M & T Bank Case Number
vs. 2009-6686
Nancy S. Eichelberger-Perkins let al.)
SHERIFF'S RETURN OF SERVICE
04/06/2010 02:45 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 416/10 at
1445 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Kirk A. Perkins and Nancy S. Eichelberger-Perkins, located at,
6030 Creek View Road, Mechanicsburg, Cumberland County, Pennsylvania according to law.
04/08/2010 01:30 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
4/8/10 at 1324 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the
above entitled action, upon the within named defendant, to wit: Kirk A. Perkins, by making known unto,
Kirk A. Perkins, personally, at, 6322 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $908.92
April 20, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
lc Coup yS;rite Sheriff. Teleoso t, Inc„
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
M&T BANK SB/M MANUFACTURESE &
TRADERS TRUST COMPANY
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
VS.
NANCY S. EICHELBERGER-PERKINS a/k/a
NANCY S. EICHELBERGER
KIRK A. PERKINS
Mortgagor(s) and Record Owner(s)
ACTION OF MORTGAGE FORECLOSURE
Term
No. 09-6686
6030 Creek View Road
Mechanicsburg, PA 17050
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK SBIM MANUFACTURESE & TRADERS TRUST COMPANY, Plaintiff in the above
action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as
of the date the praecipe for the writ of execution was filed the following information concerning the real property
located at:
6030 Creek View Road
Mechanicsburg, PA 17050
1.Name and address of Owner(s) or Reputed Owner(s):
NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER
6804 Clubhouse Drive
Apartment J
Harrisburg, PA 17111
KIRK A. PERKINS
529 Fariway Drive
Camp Hill, PA 17011
2. Name and address of Defendant(s) in the judgment:
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the
property which may be affected by the sale.
TENANTS/OCCUPANTS
6030 Creek View Road
Mechanicsburg, PA 17050
Nauman, Smith, Shissler & Hall, L.L.P.
200 N 3RD ST PO BOX 840
HARRISBURG, PA 17108
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
DATED: May 19, 2010
GOLDBECK McCAFFERTY & McKEEVER
BY: Keith C. Halili
Legal Secretary