HomeMy WebLinkAbout09-0325a
~'
IN THE COURT OF COMMON PLEAS OF
Borough of Wormleysburg :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
o g- 3 a s, C~.~-~ ~..~
~'• NO. C 08
Frank, Carol D
Defendant :CIVIL ACTION -LAW
PRAECIPE TO ENTER JTJDGMENT
TO THE PROTHONOTARY:
Please enter judgment against the Defendant, Frank, Carol D., for the amount of $579.35
in the above-captioned matter.
Date: ~ Oq
Gary W. Be esford
Wormleysburg Borough Manager
'" COMMONWEALTH OF PENNSYLVANIA
~ COUNTY OF: CIIJI~BHI+A>dtD
Mag. Dist. No.:
09-1-02
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~8oxovGH OF N~0>EilllQ,BYSBmitG
~
2 0 >~8T 81'jtEET
iIOPI~,8YS8IIliLG, PA 17 0 4 3 -13 9 6
L -~
VS.
DEFENDANT: NAME and ADDRESS
rFjtA>lt1A, CAB.OL D ~
5 6 0 OLD OjLCHA1LD Ll~
CAII[P HILL, PA 17 011
L J
Docket No.: CV-0000314-08 _
Date Filed: 10/03/08
MDJ Name: Hon.
ZL088>6tT V . 1l<A>s1LOVS
Address: 1801 STATE ST
CA1LP HILL, PA
Telephone: (717) 761-0583 17011-0000
80>itOIIGB OF il0>it1Q~HYS81t?>6tG
a o >~>„Q=+~ sTxasT
NOY1lQ.EYSSUILG, PA 17 0 4 3 -13 9 6
THIS IS TO NOTIFY YOU THAT:
Judgment: D~>E71IILT .JIIDGIL~1'r PLTF _
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
in the amount of $ '
(Date of Judgment)
..11/x6./0.8
Judgment was entered for: (Name) 80>itOIIGB OF i~Dx1LIr8Y88IIitG
® Judgment was entered against:5(~9m3) 1rZtAli<>[, CAROL D
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
$ 493.68
$ •
$ •
$ •
$ 579.351
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 JUDGMENTlTRANSCRIPT 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.
~ d~ Date _
I ce ifv that,#his is a true
Date
My commission expires first Monday of January, 2012
AOPC 315-07
DATE P8I]1T~
11/a6/os 1a:18:oo P11[
,,~ s
Magisterial District Ju
the proceedings containing the judgment.
Magisterial District Judge
SEAL
o
~
~,
~"~ °
~
~ ~
A _.a
- 7
~
~ b
~ o
N rar.
~~ i'-< '^Q
~ .?'~
.
-~~j??
W
5
v J
~-
c
a
~ m ~,
Cn
+~s
~~
~ ;
~
~ ~ ~
Sl, j
Q
.o
~J
Borough of Wormleysburg, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: ~ 9. 3 ~ s' ~.~ T~,~.
~. No. ems
Frank, Carol D.
Defendant :CIVIL ACTION -LAW
NOTICE OF FILING JUDGMENT
TO: Frank, Carol D.
You are hereby notified that on L~ aa- ~'~ the following judgment has been entered
against you in the above-captioned case.
$579.35 plus interest and costs
Date~a~, ~q
Prothonot
I hereby certify that the names and addresses of the proper person to receive this notice are as
follows:
Defendants:
Frank, Carol D.
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. B es rd
Wormleysburg Borough Manger
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO p4.325 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$579.35
Interest
Atty's Comm
L.L. $
Due Prothy $2.25
Atty Paid
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
(Seal)
REQUESTING PARTY:
Other Costs
David D. Buell, Prothonotary
Deputy
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.
Carol D. Frank
Defendants
IN THE COURT OF COMMON PLEAS OFD
CUMBERLAND COUNTY, PENN3'~'I ~~ A
c
NO. 09-325 ~,~,-, ~•
~
;~:::
• cn ~
-,~ rv
`a ~ ~.,,',
~ .~
CNIL ACTION ~° ~, =;
2O fir:
A~~ ~ ~'
(PRAECIPE FOR WRIT OF EXECUTIOl~ --~ ~ ~'
TO THE PROTHONOTARY:
(1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland
Pennsylvania:
(2) Against Carol D _ Frank ,Defendant:
(3) And against N/A ,Garnishee(s):
(4) And index this writ
(A) Against Carol 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 property of the Defendants, Cam I n Frank , of ~ ~5 6
Old Orchard Lane ,Pennsylvania 1701.1
amp Hi PA 17011
(5) Amount due
Interest from _
@ 6%
$579.35
~_
to
Total ~ 5 7 9.3 5 Plus All Costs in Offices
f P thonotary & Sheriff
Plaintiff
Dated: A „-~-~-' ~ ~ 2 2 , 2 012
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule ;
county should be indicated.
Under Rule 3013(c) a writ issued on a transferred judgment -may be directed only to the sheriff of thi
which issued.
Paragraph (3) above 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
authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that
tbe prothonotary. See Rule 3014(b).
Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached an
S as a lis pendens is desired. See Rule 3104(c).
~ ~~ ~ ~a.as ~P
s9. ~s P~~
103(b), the
county in
iesired as
ounty by
lindexing
~Sv~c~
t
Borough of Wormleysburg
Plaintiff
v.
Carol D. Frank
Defendants
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 properly 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 properiy):
(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
CIVIL ACTION
Telephone Number
I verify that the statements made in this Claim for Exemption aze true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §490
to unsworn falsification fo authorities.
Date:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA~
NO. 09-325
Defendant:
be
relating
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY.
Borough of Wormleysburg
Plaintiff
v.
Carol D. Frank
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-325
CIVIL ACTION
WRIT OF EXECUTION -NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment against
It may cause your property to be held or taken to pay the judgment. You may have rights to prev
your property from being taken. A lawyer can advise you more specifically of these rights. If yon
wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be exemj
There is a debtor's exemption of $300.00. There aze other exemptions which may be applicable 1
you. Attached is a summary of some of the major exemptions. You may have other exemptions
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 collec~ a
debt and information obtained will be used for that purpose.
YOU SHOULD TAKE TffiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FQR
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvaz~ia 17013
(800) 990-9108
(717)249-3166
y SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 4 a ~ ~"~3~
Sheriff
~cp nt ~~t~~brr
r G --
-„~~, ^° -~
~, -,~,
Jody S Smith ,~~~
~'°~ rn~, o
e ~ ~~
Chief Deputy ~ ~' T~
' _%"~ . ~'
Richard W Stewart ~~~ '1µs
~, ~~. ~ ~`-=~"~
Solicitor rf~,;"-e y,r~r~~s~rsfi:,Fr L~ -o c~-~.;
~ c-, ~
~ ~ ~-
, ',..y
~`
~ ca
~ a
~ ~
.~
<-
Borough of Wormleysburg
vs.
Carol D Frank
Case Number
2009-325
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: $68.64
November 26, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
~`a. a ~ P~.Cd
~~ ~a-v7
ic) CouniySuite Sheriff, Tel Nsoft, InC
DISTRIBUTION
PLAINTIFF Borough of Wormleysburg
WRIT NO. 2009-325
Borough of Wormleysburg
Vs
Carol D. Frank
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 579.35
59.75
$ 639.10
Sheriff s Costs:
Docketing $ 18.00
Poundage 11.59
Law Library
Prothonotary 2.25
Service Mileage 15.00
Postage 1.80
Advertising
Garnishee
Postpone Sale
Bad Check Charge
Surcharge 20.00
Levy
TOTAL $ 68.64
Defendant Paid to Sheriff $ 707.74
Advance Costs 150.00
Total Collected $ 857.74
DISTRIBUTION
Pd. To Pltff. $ 639.10
Refund of Adv. Costs 150.00
Sheriff's Costs 68.64
So Answ
R .Anderson
S ff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009~3~,5 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 DueS579.35 L.L. $
Interest
Atty's Comm % Due Prothy $2.25
Atty Paid Other Costs
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
Telephone:
Supreme Court ID No. '1FRliE Cf)PY FROM RECORD
ler TestirnohY wt~Yl~(~ 1 ~, ~p set my hand
and the. seal p(hW Crtlsle, Pa~.~~
This -..>~.d~p- ~ 20 -l..
thonotary
`~