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HomeMy WebLinkAbout09-2315Cq- ASIS iv;L7&m ?- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: FRANKLIN COUNTY Mag. Dist. No.: 39-2-01 NOTICE OF JUIDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME andADDRFS, r-CMMMLMW VALLEY FUELING COKPANY -1 406 GRANT STREET CgMMZRSBVRG, PA 17201-1632 L J VS. DEFENDANT: NAME and ADDRI:SE rJ. NZIM TRUCKING 1490 NENVILLE ROAD CARLISLE, PA 17013 MDJ Name: Hon. GARY L. CARTER Address: 218 N 2ND 8T CRAMERSBURG, PA Telephone: (717 ) 263-5808 17201 ATTORNEY FOR PLAINTIFF : NICRAZL J. CONNOR 247 LINCOLN MY E CRAMBZRSBURG, PA 17201 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name), in the amount of $ 4,587.4 F1 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 $_ 4,469.97 - Judgment Costs 1170SO $_ - ?? Interest on Judgment $ Attorney Fees $??0 Total $ 4,587.47 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. 1-28-08 Date z I certify that this is a true and correct 3-24-09 Date -f'- , Magisterial District Judge the record of the proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2012 L J Docket No.: CV-0000654-07 Date Filed: 12/1:1/07 (Date of Judgment) 1/28/08 CUMBERLAND VALLEY FUELING COMP J. MEIER TRUCKING SEAL AOPC 315-07 0? OFFICE OF THE PROTHONOTARY FRANKLIN COUNTY, PA AFFIDAVIT OF NO APPEAL CUMBERLAND VALLEY FUELING COMPANY 406 Grant Street Chambersburg PA 17201 Plaintiff VS. CV-0000654-07 District Justice Docket Number J MEIER TRUCKING 1490 Newville Road Carlisle PA 17013 Defendant AND NOW, APRIL 9, 2009 , no District Justice Appeal has been filed in the Court of Common Pleas of Franklin County in the above-captioned matter. Linda L. eard, Prothonotary 6 Y Deputy Prothonotary 157 Lincoln Way East Chambersburg, PA 17201 (717) 261-3858 Fax (717) 264-6772 F I I F 1) -C1:';::,KCE THE W OF 7?'6c Pt r ? ? ? !-)^ti TARY 2099 APR 13 Pti 3: 4 7 $a7.a6 P6 Am Co 16(,l? RTt. U3 ('31 Nohe?. ?k?.l..?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Cumberland Valley Fueling Co., Plaintiff V. J. Meier Trucking 1490 Newville Road Carlisle, PA 17013 nefendant : ? Confessed Judgment : ? Other File No. 2009-02315 Amount Due $4,587.47 _ Interest 6% 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendants, any and all personal property including, but not limited to, furniture, television, stereos, computers, jewelry, tools, vehicles, farm equipment, etc, at the address listed above. 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 a other property o the defendant(s) in the possession, custody or control of the said garni s). ? (Indicate) Index this writ against the garnishee (s) as a list pendens against real estate of the defendant(s) described in the attached exhibit. Date t y, r s Print Name: Michael J. Connor, Esquire Address: 247 Lincoln Way East Chambersburg, PA 17201 Attorney for: Plaintiff Telephone: 717-262-2185 Supreme Court ID No: 75927 FILED-Orrr= -OF THE 2009 APR 17 PM 1: 59 j'fiY o2'Y..Z S - 'n?. S-0 -' r f t S?.7s- tr l t 4.2 .06 (d V. sv 4J,, e.K..,:# I A-IF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2315 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND VALLEY FUELING CO., Plaintiff (s) From J. MEIER TRUCKING, 1490 NEWVILLE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY INCLUDING, BUT NOT LIMITED TO FURNITURE, TELEVISION, STEREOS, COMPUTERS, JEWELRY, TOOLS, VEHICLES, FARM EQUIPMENT ETC. AT THE ADDRESS LISTED ABOVE. (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 $4,587.47 Interest 6% Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: APRIL 17, 2009 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs - 6A?' C is R. L,,,, P ary By: Deputy REQUESTING PARTY: Name MICHAEL J. CONNOR, EQUIRE Address: 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-262-2185 Supreme Court ID No. 75927 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~~ti'~' ~f t"~i,r.f,erF,rit d ~~4.~-~ ZU ~ ~ 1~'i cj ~ C ~ jii'I ~ I ~ a ' v a. C~.1~,1 -r,r i 'V Cumberland Valley Fueling Co. vs. Case Number J. Meier Trucking 2009-2315 SHERIFF'S RETURN OF SERVICE 05/06/2009 08:43 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2009 at 2043 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: J. Meier Trucking, by making known unto Jason Meier, owner at 1490 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true anc correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 05-06-09. 11/23/2009 Property claim filed this date by Aimee R. Meier. All property under levy was claimed. All parties notified this date. 11/24/2009 Sale scheduled for November 30, 2009 at 3:00 pm was cancelled due to the property claim filed by Aimee Meier. Notified Micihael J. Connor on this date of the property claim. 12/03/2009 Reference is made to Property Claim dated November 23, 2009, entered by Aimee Meier, Writ of Execution No. 2009-2315 Civil Term, Cumberland Valley Fueling Co., vs J. Meier Trucking. R. Thomas Kline, Sheriff, has determined that the claimant, Aimee Meier, in the above mentioned property claim, is the owner of the property set forth in the claim. 12/07/2009 Objections to property claim filed by attorney Connor. 05/24/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No further action by plaintiffs attorney since the bankruptcy filing 02-04-10. SHERIFF COST: $156.98 SO ANSWERS, ~~ May 24, 2010 RON R ANDERSON, SHERIFF B aron R. Lantz of ~ E~ ~o~a~ . Lc?, ~, SZj r ~'' /°~'f ` ~7~~~~'. 7G- ~,,3 ~ ~'T~ ~cy~J~~~ Ccun^~Suih S^enff. lei.^eso':1. Inr.. Walker, Connor & Spang, LLC 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Cumberland Valley Fueling Co., Civil Action- Law Plaintiff ~ a c- -c; .~ ~ =~i c.._ -~ - No: 2009-02315 - - ` -~~ ~ ~ J. Mier Trucking, . ,., . -~ Defendant ~ ~~ -. = ~:~ ~ - _. PRAECIPE TO RELEASE JUDGMENT `~ .. r TO THE PROTHONOTARY: Please release the above referenced judgment, and remove it from the local judgment index. Date: CQ Z~ 20l b WALKER, CONNOR & SPANG, LLC ~ ~_ By: Michael J. C nnor, Esquire Attorney I.D. # 75927 247 Lincoln Way East Chambersburg, PA 17201 Attorney for Plaintiff (717) 262-2185 ~8.0o Pu ArnI e~au~~ ~~ayy~~