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Home My WebLink About09-4391COMMONWEALTH OF PENNSYLVANIA (-ni INTY nF CUMBERLAND Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FMICHAEL & JEAN r'ALAMAN 367 YORK ROAD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS FETTER JR, RICHARD M 1523 SHIRLEY AVE CARLISLE, PA 17013 L -? Docket No.: CV-0000138-09 Date Filed: 4/06/09 MDJName: Hon. SUSAN K. DAY Address: 229 KILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 MICHAEL A JEAN CALAXA i 367 YORK ROAD CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name; in the amount of $ 4,120.7 F1 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $i Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 4,000.00 $ 120.75 $ .00 $ .00 $ 4,120.751 Certified Judgment Total $ 4,120, 75 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. Date Magisterial District Judge I certify that this is a true d Trecopy of the o of h oc?edings_c' ontaining the judgment. i Date Magisterial District Judge My commission expires first Monday of January, 20 0 SEAL (Date of Judgment) 5/28/09 MICHAEL & JEAN CALAM, AN ETTER JR, RICHARD M AOPC 315-07 OF THr T-l:n Y ,'TAR 2009 JUL - I AIM 10: 24 VVM?a. v J? '?'`{ ?a7 a s pd, Ph* cksk g?- 7Y 3 l dT'?e l,a)I ec( Sheriffs Office of Cumberland County R Thomas Kline Sheriff C ^: OFFCE OF - r?E S`?ERIFF Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 'f v 2499 JUL 1 i;" `. ? Ix + ? Edward L Schorpp Solicitor Michael Calaman vs. Richard M Etter, Jr Case Number 2009-4391 SHERIFF'S RETURN OF SERVICE 07/10/2009 03:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 1502 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard M. Etter Jr., in the hands, possession, or control of the within named garnishee, Commerce Bank, now known as Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Customer Service Representative, personally 2 true and attested copies of the writ of execution and made the contents there of known to her. No interrogatories were served as none were received. So Answers, -- 00'?? /, R. Thomas Kline, Sheriff By 1'- D puty riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION PRAECIPE FOR WRIT OF EXECUTION Caption: r??ilc Z ? Pl A? P^' C--\ -6) ?_ c ?- J : ? Confessed Judgment ? Other File No. Q Ct 3 9 Amount Due y ` j.C) , j : Interest t 5a 3 S P "L ` : Atty's Comm C-n \,' 3) ?_ Q P n of 'J : 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 Cy ^?d 9ro ro J e County, for debt, interest and costs, upon the following described property of the defendant (s) L L Q L? o N L. (1?, Q ' PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of G?' "i b tl?-1 Pr^Q 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) , P C_L- C-0 Tn m '?^ c. t (Ib P?1 7 l -) 1440 ^a- 5 Ac.w.5 (oS ?tS-k-?, LAN9 k,\v ?, CQ?\ T 5 7 go. 1-l'-l) 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 d endant(s) described in the attached exhibit. Date _ ')- ` _rio o ?'1 Signature: Print Name: Address: Attorney for: pendens against real estate of e Cr, Tn\71S 7 Q Ci o)3 Telephone: -) 0 -3D 4j-- 0\ to Supreme Court ID No: FILED--u= t,,?'E _a ors ; r t OF THE 2009 JUL - I AN 10: 3 3 GO 0' h94 ?rL? ?„{ f a S 1L ? C- 7 ?- S G O s'f s B !. 1 I-S, ?, cl Ply WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4391 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIKE AND JEAN CALAMAN, 327 YORK ROAD, CARLISLE, PA 17013 Plaintiff (s) From RICHARD M. ETTER, JR., 1523 SHIRLEY AVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND AVE, CARLISLE, PA 17013 (717) 240-2665 GARNISHEE(S) as follows: ANY AND ALL ACOUNTS 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$4,120.75 Interest Atty's Comm % Atty Paid Plaintiff Paid $51.75 Date: JULY 1, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs Curti R. Lon notary By: Deputy REQUESTING PARTY: Name MICHAEL CALAMAN Address: 367 YORK ROAD, CARLISLE, PA 17013 Attorney for: PRO SE Telephone: 717-576-0168 Supreme Court ID No. M d Ted C aJ cL^4A In the Court of Common Pleas of ??? Cumberland County, Pennsylvania 9 ?3 9 / Civil. V)-- No. vs. +rs?y T?dg ?I? ?raeciee- To 61-12 S Prothonotary Plaintiff /fib S e Lie ?75- iC'^ } 1kG11 .? i ?th OF VF I'! PROYP"NOTARY 2009 AUG 28 AN { 1' 4 6 No. Term, 19 vs. PRAECIPE Filed 19 Atty. • z" r Sheriffs Office of Cumberland County t- FILr i Vk R Thomas Kline OF THE F?Y Sheriff N%r at ??ru;Ibr Ronny R Anderson ",al2 M AU G 21 ?'I i`, 2 j Chief Deputy ?y N s R! Jody S Smith Civil Process Sergeant OFFICE OF ? PE S4ERIFF PE.ir ZYLA" "'11A Edward L Schorpp Solicitor Michael Calaman I Case Number vs. 2009-4391 Richard M Etter, Jr SHERIFF'S RETURN OF SERVICE 07/10/2009 03:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 1502 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard M. Etter Jr., in the hands, possession, or control of the within named garnishee, Commerce Bank, now known as Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Customer Service Representative, personally 2 true and attested copies of the writ of execution and made the contents there of known to her. No interrogatories were served as none were received. 08/26/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $183.98 (PAID BY DEFENDANT) ? &?? ??v? August 26, 2009 Y I Z C! V Z - 17 bOQl hZ bull a -GO C. SO ANSWERS, t' f r? R THOMAS KLINE, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4391 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIKE AND JEAN CALAMAN, 327 YORK ROAD, CARLISLE, PA 17013 Plaintiff (s) From RICHARD M. ETTER, JR., 1523 SHIRLEY AVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND AVE, CARLISLE, PA 17013 (717) 240-2665 GARNISHEE(S) as. follows: ANY AND ALL ACOUNTS 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$4,120.75 Interest Atty's Comm % Atty Paid Plaintiff Paid $51.75 Date: JULY 1, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs L I 44- C is R. Long, Pr otary By: Deputy REQUESTING PARTY: Name MICHAEL CALAMAN Address: 367 YORK ROAD, CARLISLE, PA 17013 Attorney for: PRO SE Telephone: 717-576-0168 Supreme Court ID No. y DISTRIBUTION PLAINTIFF Mike and Jean Calaman WRIT NO. 2009-4391 Mike and Jean Calaman -vs- Richard M. Etter, Jr. Real Debt $ 4,120.75 Interest Attorney's Comm. Writ Costs, Atty 51.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 4,172.50 Sheriff's Costs: Docketing $ 18.00 Poundage 82.42 Law Library Prothonotary 2.00 Service 10.80 Postage 1.76 Advertising Postpone Sale Bad Check Charge Surcharge 40.00 Garnishee 9.00 Levy 20.00 TOTAL $ 183.98 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ 4,172.50 Refund of Adv. Costs 150.00 Sheriff's Costs 183.98 Overpayment by defendant (refunded) 8.32 $ 4,364.80 150.00 $ 4,514.80 So Answers: R o as Khne, Sheriff B