HomeMy WebLinkAbout09-4569COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: YORK
Mag. Dist. No.:
19-3-09
MDJName: Hon.
SCOTT J. GROSS
Address: 700 YORKTOW RD
LEWISBBRRY, PA
Telephone: (717 ) 938-2523 17339
X10.0 - '-/ S-& 9 C- ??-1 1 --CCM,
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FSTARNES, JAMBS
104 BDTTONNOOD CT
NEW CUMBERLAND, PA 17070
L J
VS.
DEFENDANT: NAME and ADDRESS
rEDTCH HOMES INC, BT AL.
414 S YORK ST.
MECHANICSBURG, PA 17055
L J
JAMES STARNES
104 BUTTONNOOD CT Docket No.: CV-0000130-09
4
NEW CUMBERLAND, PA 17070 Date Filed: 3/02/09
THIS IS TO NOTIFY YOU THAT:
FOR PLAINTIFF 5/06/09
Judgment: :. _(Date of Judgment)
® Judgment was entered for: (Name) STARNES, JAMES
® Judgment was entered against: (Name) HUTCH HOMES INC
in the amount of $ 4,134.5
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
Interest on Judgment
Attorney Fees
Total
$ 4,000.0
$ 134.5
$- U
$-Q
$ 4,134.501
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.
Date
I certify that this is a true and
Date
My commission expires first Monday of January, 2012
AOPC 315-07
SEAL'
DATE PRINTED:
5/08/09
Magisterial District Judge
proceedings containing the judgment.
Magisterial -District Judge
9:34:00 AM
;.. . COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: YORK
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
Mag. Dist. No.:
PLAINTIFF: NAME and ADDRESS
rSTARNBS, JAMBS
104 BUTTONWOOD CT
NEW CUMBERLAND, PA 17070
L J
19-3-09
MDJ Name: Hon.
SCOTT J. GROSS
Address: 700 YORKTOWN RD
LEWISBERRY, PA
Telephone: (717 ) 938-2523 17339
JAMES STARNES
104 BUTTONWOOD CT
NEW CUMBERLAND, PA 17070
VS.
DEFENDANT: NAME and ADDRESS
ri=CB HOMES INC, ET_ AL. 7
414 S YORK ST.
MECBANICSBURG, PA 17055
L J
Docket No.: CV-0000130-09
Date Filed: 3/02/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOxP.PLAINTIFF (Date of Judgment) _5/06/09
FK1 Judgment was entered for: (Name) STARNES, JAMBS
® Judgment was entered against: (Name) HUTCHISON, JIM
1 AA
. 5
in the amount of $ 4 A,
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
interest on Judgment
Attorney Fees.
Total
$ 4,000.00
$ 134.50
$ .00
$ U0
$ 4,134.50
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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PRS?V10R IN THE RUl S.AF_CLVIL _PROCEDLIRE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT-IN THE COURT OF commdN 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.
S I G w 1 Date
I certify that this is a true and co
??-20??Date
My commission expires first Monday of January, 2012
AOPC 315-07
DATE
¦
5/08/09
Magisterial` OtFict?Judge
ngs containing the judgment.-
Magisterial [Xstrict-Judge
SEAL ,
9:34:00 AM
AFFIDAVIT OF NO APPEAL
Case No:
,JTjm eS SRA R &J eS
Plaintiff
District Justice
Docket Number:
Vs.
b?&m,4 [6nes T-Aic
??I ? soy!
TIM
Defendant
cly- ODOO 130- OR
As of 7-une 11, 260q a District Justice appeal has not been
filed in the Court of Common Pleas of yo r K County
in the above captioned matter.
a'aom
P ntiff/Defendant
FIL,
0, F
2039Ju'.
o d Dry
2 as ?-7
A04-1ces *,--, !d -a(
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
SlgWI, JAr.,es
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9k-r&4 NoMef ,<c.
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TO THE PROTHONOTARY OF THE SAID COURT:
? Confessed Judgment
? Other
File No. O 9 - 7 4
Amount Due
Interest
Atty's Comm
Costs
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 / /
County, for debt, interest and costs, upon the following described uA•+
,?? / g Property of the defendant efendant (s)
!? II ?2sD?i+?/L/ e ?N?l y f?N'?y?t r7044,e J i? C. AivC/
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff' of
and costs, as above, directing attachment against the above-named garnishee (s) for County, for the followin debt trop a st
(if real estate, supply six copies of the description; supply four copies of length g P P
y personalty list)
and all other property of the defendant(s) in the possession, custody ar control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
Date Lu 2a o
Signature:
Print Name:
Address:
Attorney for:
Telephone:
pendens against real estate of the
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.nteJ f?l?NeS
?o `? l?k??i?u/,oo?/ C
71-7• qA1 _3 37d_
Supreme Court ID No:
FlLE? -?"
OF THEE,
2009 JUL -8 Fri 3: 09
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-4569 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JAMES STARNES Plaintiff (s)
From HUTCH HOMES INC. AND JIM HUTCHISON, 414 S. YORK ST., MECHANICSBURG,
PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY
OWNED BY HUTCH HOMES INC. AND JIM HUTCHISON.
(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$4,134.50
Interest
Atty's Comm %
Atty Paid
Plaintiff Paid $51.25
Date: July 8, 2009
(Seal)
REQUESTING PARTY:
Name JAMES R. STARNES
L.L.
Due Prothy $2.00
Other Costs
AisR. Long,?r on tary
By:
Address: 104 BUTTONWOOD CT., NEW CUMBERLAND, PA 17070
Attorney for: PROSE
Telephone: 717-443-5344
Deputy
Supreme Court ID No.
SEP 01200%
KEVIN R. BEIDEL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-4596 CIVIL ACTION LAW
CHRISTA L. BEIDEL, IN CUSTODY
Defendant
ORDER OF COURT
V
AND NOW this I J day of September 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Kevin R. Beidel, and the Mother, Christa L. Beidel, shall have
shared legal custody of Skyler R. Beidel, born 05/27/1995 and Brooke K. Beidel, born
12/01/1999. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Commencing Wednesday September 02, 2009, Father shall have physical
custody of the Children every other week from Wednesday until Monday
morning. Father shall pick the Children up from maternal grandmother's house
at 4:30 pm on Wednesday (and every other day school is in session during
Father's custodial periods) and drop the Children off at Mother's house in the
morning before school when school is in session.
b. On Labor Day, 09/07/09, Father shall have custody of the Children until 1:00
pm on this Monday. Father shall drop the Children off at Mother's residence at
1:00 pm.
C. This physical custodial schedule is without prejudice to either party and shall be
reviewed at the status conference with the assigned conciliator.
d. Father shall have additional physical custody of the Children at such other times
as the parties may mutually agree.
3. Counseling: The parties shall engage in individual and/or therapeutic family counseling with a
mutually-agreed upon professional as necessary or proper for the Child/ren and/or the family.
The cost of said counseling, after appropriate payment through insurance, shall be split equally
between the parties.
4. Both parents shall enroll and successfully complete educational courses in order to adequately
address any medical conditions of the Children. (i.e. Brooke's diabetic condition)
w
5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
6. Holidays: A holiday schedule shall be established at the status conference with the assigned
conciliator in the absence of agreement otherwise.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
parry, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. A status conference is hereby scheduled for Tuesday October 27, 2009 at 1:00 pm with the
assigned conciliator at the Court of Common Pleas, Carlisle, PA 17013.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
)istribution:
an Wolf, Esquire
Hmah Herman-Snyder, Esquire
/John J. Mangan, Esquire
e,,;,, .., LL
'n- . ?L_ i" ____
. "P
KEVIN R. BEIDEL,
Plaintiff
V.
CHRISTA L. BEIDEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-4596 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Skyler R. Beidel 05/27/1995 Mother and Father
Brooke K. Beidel 12/01/1999 Mother and Father
2. A Conciliation Conference was held with regard to this matter on August 21, 2009 with the
following individuals in attendance:
The Mother, Christa L. Beidel, with her counsel, Nathan Wolf, Esq.
The Father, Kevin R. Beidel, with his counsel, Hannah Herman-Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J. an, Esquire
Custody Conciliator
CAF Tk-??.
2099 Skf' --2 F 14 1: 4:1
'TV
t l5
PLC 4-., i'L'JtV-iiA
- ~ .~.- ~ ,
Sheriff s Office of Cumberland County `
R Thomas Kline ~L~~~F'jrC~ ~/
Sheriff C ~t~~p,p` ". ~r!`;..'`vC)TA~ i
~g5'atl ~ ,# f dddS~
Ronny R Anderson Z~~g {~~ 27 P~ ~ : ~ ~J
Chief Deputy
Jody S Smith C'v'i~ ~`~ a ~.~ E.,',;Ui~) i~
Civil Process Sergeant c;F`~" ` "` r~sVi`4" LVi~"~~t?
Edward L Schorpp
Solicitor
James Starnes Case Number
vs. 2009-4569
Hutch Homes
SHERIFF'S RETURN OF SERVICE
08/12/2009 06:39 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12,
2009 at 1820 hours, he served a true copy of the within writ of execution, upon the defendant,, to wit:
Hutch Homes, by making known unto Jim Hutchinson, owner of the business, at 414 S York Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same. Upon serving the writ of execution, a partial
levy was completed, as the defendant claimed that the judgement was against his business only and not
against him personally. The defendant refused to allow the deputies to levy on anything other than
business equipment.
The defendant did allow a full levy to be completed on 09-11-09. Postcard and copy of levy mailed to
plaintiff and letter mailed to defendant on 09-14-09.
08/12/2009 06:39 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12,
2009 at 1820 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Jim
Hutchinson, by making known unto Jim Hutchinson, at 414 S York Street, Mechanicsburg, Cumberland
County, Pennsylvania 17055 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 partial levy was completed, as the
defendant claimed that the judgement was against his business only and not against him personally.. The
defendant refused to allow the deputies to levy on anything other than business equipment.
The defendant did allow a full levy to be completed on 09-11-09. Postcard and copy of levy mailed to
plaintiff and letter mailed to defendant on 09-14-09.
10/09/2009 08:05 PM -Sale bill posted on 10-09-09 at 1955 hours by Deputy Hoover. Sale date set for Monday,
10-26-09 at 1500 hours. Copy. of sale bill mailed to James Starnes.
10/09/2009 08:05 PM -Sale bill posted on 10-09-09 at 1955 hours by Deputy Hoover. Sale date set for Monday,
10-26-09 at 1500 hours. Copy of sale bill mailed to James Starnes.
10/27/2009 R. Thomas Kline Sheriff, who being duty sworn according to law, states this writ is returned SATISFIED.
SHERIFF COST: $215.89 (PAID BY DEFENDANT)
October 27; 2009 4`"" ~~! oy1 ~ ~
;L ~i
SO ANSWERS,
~ '" ~' ~ .
R THOMAS KLINE, SHERIFF
,~
vBY
r-~~~ baron R, anti
~~~~.
~.`c. 7 ~ ~,~~
~ ~ 3 ~ 83y
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-4569 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JAMES STARNES Plaintiff (s)
From HUTCH HOMES INC. AND JIM HUTCHISON, 414 S. YORK ST., MECHANICSBURG,
PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY
OWNED BY HUTCH HOMES INC. AND JIM HUTCHISON .
(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$4,134.50
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $51.25
Date: July 8, 2009
(Seal)
REQUESTING PARTY:
L.L.
Due Prothy $2.00
Other Costs
is R. Lon o ota
By:
Name JAMES R. STARNES
Address: 104 BUTTONWOOD CT., NEW CUMBERLAND, PA 17070
Attorney for: PRO SE
Telephone: 717-443-5344
Deputy
Supreme Court ID No.
•-•~
PLAINTIFF
WRIT NO.
James Starnes
DISTRIBUTION
James Starnes
2009-4569
-vs-
Hutch Homes Inc. and Jim Hutchison
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 4,134.50
51.25
$ 4,185.75
Sheriff s Costs:
Docketing $ 18.00
Poundage 82.69
Law Library
Prothonotary 2.00
Service 36.00
Postage 2.20
Advertising 10.00
Postpone Sale 15.00
Bad Check Charge
Surcharge 30.00
Garnishee
Levy 20.00
TOTAL $ 215.89
Defendant Paid to Sheriff $ 4,401.64
Advance Costs 150.00
Total Collected $ 4,551.64
DISTRIBUTION
Pd. To Pltff. $ 4,185.75
Refund of Adv. Costs 150.00
Sheriff's Costs 215.89
So Answers:
-~~
P
R. homas Kline,
S
B
~~