HomeMy WebLinkAbout09-5589
CANCOL B DBA KILBOROUGH
APARTMENTS
Plaintiff
V.
ERIC C ANDERSON
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. oq - 5589 0'_1 vTerw
CIVIL ACTION- LAW
FOREIGN JUDGMENT
PRAECIPE
Please record the Foreign Certified Judgment and the Civil Docket from the
Franklin County Municipal Court of Columbus, State of Ohio, in favor of the above
Plaintiff and against the above Defendant(s), ERIC C ANDERSON, with the total money
Judgment in the amount of $2,558.19, plus interest @ 8% per annum from December 17,
2007 and court costs.
To: Cumberland County Prothonotary
Dated:
Robert D. Kodak, Attorney for Plaintiff
Attorney I.D. No. 18041
CERTIFICATE TO COPIES
THE STATE OF OHIO FRANKLIN COUNTY MUNICIPAL COURT
Franklin County ss COLUMBUS, OHIO
City of Columbus
CASE NUMBER: 2007 CVF 058313
I, LORI M. TYACK, Clerk of Court of the Franklin County Municipal Court, within and for said City
having the custody of the Files, Journals and Records of said Court, do hereby certify that the foregoing is a
true copy of 2007 CVF 058313 CANCOL B DBA KILBOR 0 UGH APAR TMENTS VS ERIC C ANDERSON as
the same appear... upon the records of said Court, and I further certify that I have carefully compared the
foregoing copy with the original record, and that the same is a full and correct transcript thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affix the seal of said Court at Columbus,
Ohio, this date June 3, 2009.
Clerk he F nklin ounty Municip Court of t e City of Columbus, Ohio
The State of Ohio, City of Columbus, Franklin County, ss.
I, JANET A GR UBB, one of the Judges of the Franklin County Municipal Court, within and for the City
of Columbus, State of Ohio, do hereby certify that said LORI M. TYACK was, at the date of the above
certificate, and now is Clerk of Court of said Franklin County Municipal, within and for said City of Columbus
and State of Ohio, and that said Clerk is the officer in whose custody said original Record 2007 CVF 058313
CANCOL B DBA KILBOROUGHAPARTMENTS VS ERIC C ANDERSON is required by the laws of the State
of Ohio, to be kept, and is authorized by the laws of said State to certify as aforesaid, and that said attestation
and certificate are in due for of law.
Signed by me and dated at City of Columbus, Franklin County, Ohio June 3, 2009.
the Franklin County Municipal Court
I, LORI M. TYACK, Clerk of Court of the Franklin County Municipal Court, within and for the City of
Columbus, and State of Ohio, aforesaid, hereby certify that JANET A GRUBB is one of the Judges of the
Franklin County Municipal Court, within and for the City of Columbus,' State of Ohio, duly commissioned and
qualified, and now acting as such.
WITNESS my hand and the seal of said VIM nklin County Muni ' al Court this J ne 3, 2009
Cl of th ranklin County Munic' 1 Court of th ity of Columbus, Ohio
X29.frm
COPY OF CIVIL DOCKET
The Franklin County Municipal Court of Columbus, Ohio
Civil Action Case Number: 2007 CVF 058313
This number must be used on all references.
on Complaint filed
CANCOL B
DBA KILBOROUGH APARTMENTS
1700 BOND AVE
COLUMBUS OH 43229
Plaintiff,
J WEISZ Att y for Plff
for DEFENDANT01 /25/2008
vs.
ERIC C ANDERSON
417 EAST MAIN STREET
SHIREMANSTOWN PA 17011
Defendant
$ 2,558.19Costs $136.00
BE IT REMEMBERED, That on 12/17/2007, the said Plaintiff filed it's Complaint herein, whereupon the
following proceedings were had:
SEE ATTACHED PRINTOUT
I DO HEREBY CERTIFY, That the within and foregoing is a full and true Transcript of the
proceedings had by me and before the Municipal Court of said City, in the above entitled case,
and of the costs therein.
WITNESS my hand this June 3, 2009
LORI M. TYACK
Clerk of Franklin County Municipal Court, Columbus, Ohio.
VS
Deputy Clerk
`l 0
x3l.frm
Date: 06/03/2009 14:58:18 Docket Sheet Page: 1
CRTR5925 Detail
Case Number Status Judge
2007 CVF 0583 13 CLOSED ADMINISTRATIVE, JUDGE
In The Matter Of Action
CANCOL B vs. ANDERSON, ERIC C COMPLAINT FOR
CONTRACTS/NOTES/A
CCOUNTS
Party Attorneys
CANCOL B PLNTF WEISZ, MICHAEL J
1700 BOND AVE 536 SOUTH WALL ST STE 300
COLUMBUS, OH 43229 COLUMBUS, OH 43215
KILBROUGH APARTMENTS DBA
ANDERSON, ERI C C DFNDT
417 EAST MAIN STREET
SHIREMANSTOWN , PA 17011
Opened
12/17/2007 Disposed
AGREED JUDGMENT Case Type
Contracts,
Notes and
Accounts
Comments:
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
1 12/17/07 COMPLAINT FOR CONTRACTS/NOTES/ACCOUNTS 116.00 0.00
FILED Receipt: 7795765 Date: 12/17/2007
2 12/17/07 DEPOSIT OF CIVIL REFUND/OVERPAYMENT 10.00 0.00
MICHAEL J WEISZ 536 S WALL ST STE 300
COLUMBUS OH 43215
Receipt: 7795767 Date: 12/17/2007
3 12/19/07 CERTIFIED MAIL 0.00 0.00
Issue Date: 12/19/2007
Service: ISSUE SVC FOR E OR F
Method: CERTIFIED MAIL
Cost Per: $ 0.00
ANDERSON, ERIC C
417 EAST MAIN STREET
SHIREMANSTOWN, PA 17011
Tracking No: 0000523433
Date: 06/03/2009 14:58:18 Docket Sheet Page: 2
CRTR5.925 Detail
2007 CVF 058313 CANCOL B vs. ANDERSON, ERIC C
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
4 12/31/07 CERTIFIED MAIL 0.00 0.00
Method CERTIFIED MAIL
Issued 12/19/2007
Service ISSUE SVC FOR E OR F
Served 12/31/2007
Return 12/31/2007
On ANDERSON, ERIC C
Signed By ERIC ANDERSON
Reason SUCCESSFUL CERTIFIED MAIL
Comment
Tracking # 0000523433
5 01/04/08 DISBURSEMENT OF A CIVIL REFUND/OVERPAYMENT 10.00 0.00
6 01/25/08 JUDGMENT INFORMATION: 0.00 040
Judgment Amount: 2,558.19
Judgment Total:
2,558.19
Terms: 8%
Judgment Type: AGREED JUDGMENT
Judge: POLLITT JR, H WILLIAM
Judgment Date: 01/25/2008
Judgment For: CANCOL B - Plaintiff
Judgment Against: ANDERSON, ERIC C -
DEFENDANT
Judgment Balance:
2,558.19
Case Total:
2,558.19
Case Balance:
2,558.19
1
7 05/28/09 PRECIPE FOR A EXEMPLIFIED COPY Receipt: 20.00 0.00
9687255 Date: 05/28/2009
8 06/03/09 EXEMPLIFIED COPY AND TRANSCRIPT OF DOCKET 0.00 0.00
ISSUED
COPY OF CIVIL DOCKET
Sent on: 06/03/2009 12:43:28
Totals By: COST 136.00 0.00
DEPOSIT 10.00 0.00
INFORMATION 0.00 0.00
PAYMENT 10.00 0.00
*** End of Report ***
IN THE MUNICIPAL COURT OF FRANKLIN COUNTY,
-OHIO
CANCOL B,
dba KILBOROUGH APARTMENTS,
Plaintiff,
-vs-
ERIC C. ANDERSON,
Defendant.
Case No. 2007 CVF 58313
AGREED JUDGMENT ENTRY
Upon agreement of the parties, and for good cause shown, it is hereby
ORDERED, ADJUDGED and DECREED that judgment is granted in favor of Plaintiff,
Cancol B, dba Kilborough Apartments, and against Defendant, Eric C. Anderson, in the
sum of $2,558.19, plus interest at the rate of 8% per annum from the date the Complaint
was filed, that being December 17, 2007, plus court costs.
It is further ORDERED, ADJUDGED and DECREED that Plaintiff agrees not to
execute upon Defendant so long as Defendant pays the sum of $82.00 each and every
month, on the last day of the month [with the $82.00 payment due by November 30, 2007
and December 31, 2007, being received on January 7, 2008], with the next $82.00
payment being due on January 31, 2008, and on the last day of each and every month
thereafter until this judgment is paid in full. It is further ORDERED that all checks
should be made payable to "Kilborough Apartments," and sent to Michael J. Weisz,
Attorney at Law, 536 South Wall Street, Suite 300, Columbus, Ohio 43215.
It is further ORDERED, ADJUDGED and DECREED that in the event Defendant
fails to abide by the terms of this Agreed Judgment Entry, then Plaintiff is free to execute
upon Defendant for the full amount of its judgment, less any payments made by
Defendant on this judgment, plus interest and court costs.
APPROVED:
MICHAEL J. WEISZ 019313)
536 South Wall Street, #300
Columbus, Ohio 43215
(614) 224-4155
Attorney for Plaintiff
JUAN 2 4 200&
ERIC C. ANDERSON
417 East Main Street
Shiremanstown, PA 17011
Defendant Pro Se
This is to certi& that the
following if a awe ""of Me
original entry as the same sppe "
upon ffie in "& a[ the GOWL
LORI K TUC$. CLUZ
By: , ???........
Date:
Y
CANCOL B dba KILBOROUGH IN THE COURT OF COMMON PLEAS
APARTMENTS : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO.
CIVIL ACTION- LAW
ERIC C. ANDERSON
Defendant FOREIGN JUDGMENT
JUDGMENT CREDITOR'S AFFIDAVIT
AND NOW, comes Plaintiff, CANCOL B dba KILBOROUGH APARTMENTS, and
hereby avers that the aforesaid judgment from the Franklin County Municipal Court,
Columbus, State of Ohio, remains valid, enforceable and unsatisfied and that the
Defendant, ERIC C. ANDERSON, has an address at:
417 East Main Street, Shiremanstown, PA 17011 (Cumberland County)
It is further averred that the address of Plaintiff/ Creditor is:
1700 Bond Avenue, Columbus OH 43229
By Title: ? 100,
ti ?-
DATED: 7 -/" d,.;
i
2009 A, ilio ? I i i ii !: I'D I.;'
$ a4 . oo po ATT-f
eat g3t3
i? aaga??
?.?rkeA Via!
CANCOL B DBA KILBOROUGH
APARTMENTS
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL ACTION- LAW
ERIC C ANDERSON
Defendant
FOREIGN JUDGMENT
TO: ERIC C ANDERSON, Defendant(s)
You are hereby notified that on 20L% the following
(Judgment) has been entered against you in the a ve-captioned case.
Iudonent entered in the amount of $2,55819 plus interest @ 8 % per annum from
December 17, 2007 and court costs
DATE:
4Pthorn
ry
ota,
I hereby certify that the name and address of the proper person(s) to receive this notice is:
ERIC C ANDERSON
417 EAST MAIN STREET
SHIREMANSTOWN PA 17011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
?6??„tr a1 ?tt?ttbrrf???
QFFiCE JF THE S"iRIFF
1OY 17 `ts 30
FRAft"
Cancol B, d/b/a Kilborough Apartments Case Number
vs.
Eric C Anderson 2009-5589
SHERIFF'S RETURN OF SERVICE
11/13/2009 03:35 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November
13, 2009 at 1535 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Eric C Anderson, in the hands, possession, or control of the
within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Nicole Alleman, Senior Customer Service Representative personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
So Answ rs,
R. Thomas Kline, Sheriff
By
/'Deputy Sheriff
tci GountySuite Sheriff, Teleosoft Inc.
CANCOL B DBA KILBOROUGH
APARTMENT S
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff :PENNSYLVANIA
NO: 2009-5589
ERIC C ANDERSON,
vs
METRO BANK,
Defendant(s)
GARNISHEE
INTERROGATORIES IN ATTACHMENT TO GARNISHEE
TO: GARNISHMENT ADMIN /LEGAL DEPT.
METRO BANK
20 NOBLE BLVD. ,BLDG 1
CARLISLE PA 17013
YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING
INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU.
FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU:
1. At the time you were served, or at any subsequent time, did you owe the
defendant(s) above-listed, account no. 8892638894 or any account(s) under Defendant(s)
name(s), and/or otherwise, any money or were you liable to the defendant (s) on any
negotiable or other written instrument, or did the defendant claim that you owed the
defendant any money or were liable to the defendant for any reason? (If yes, please
describe.)
ANSWER: Defendant has account 537909442 held jointly with Dawn Collins
with a balance of $1.93. Defendant did not receive $300 exemption.
2. At the time you were served, or at any subsequent time was there in your
possession, custody or control, or in the joint possession, custody or control of yourself and
one (1) or more other persons and/ or entities, any property of any nature owned solely or
in part by the defendant(s)?(If yes, please describe.)
ANSWER: see answer to question 1
3. At the time you were served or at any subsequent time did you hold legal title
to any property of any nature owned solely or in ,part by the defendant or in which
defendant(s) held or. claimed any interest? (If yes, please describe.)
ANSWER: see answer to question 1
4. At the time you were served, or at any subsequent time did you hold as fiduciary,
any property in which the Defendant(s) had an interest?
ANSWER: see answer to question 1
5. At any time before or after you were served did the defendant(s) transfer or
deliver any property to you or to any person or place pursuant to your direction or consent
and if so, what was the consideration therefor?
ANSWER: nO
6. At any time after you were served, did you pay, transfer or deliver any money
or property to the defendant(s) or to any person or place pursuant to the defendant's
direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please
describe.)
ANSWER: no
7. If you are a bank or other financial institution, at the time you were served or at
any subsequent time did the defendant have funds on deposit in an account in which funds
are deposited electronically on a recurring basis and which are identified as being funds
that upon deposit are exempt from execution, levy or attachment under Peiuisylvania or
federal law? If so, identify each account and state the reason for the exemption, the amount
being withheld under each exemption and the entity electronically depositing those funds
on a recurring basis.
ANSWER: no
8. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the
general monetary exemption under 42 Pa.C.S. ~ 8123? If so, identify each account.
ANSWER: no
KODAK &-IMBLUM, P.C.
/~ ~ ~.
.~
Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Supreme Court ID No. 18041
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unsworn falsifications to authorities, that he/she is Jennifer Hilbish
(Name)
Lev~Specialist of Metro Bank, garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best o
belief.
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CANCOL B DBA KILBOROUGH
APARTMENTS,
Plaintiff
v
ERIC C ANDERSON,
Defendant(s)
`ref:
G~;,, .. .
~ ,~; ~ ;,
IN THE COURT OF COM~bi~`l~ l~,EAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-5589 Civil Term
CIVIL ACTION -LAW
PRAECIPE
TO THE PROTHONOTARY:
Satisfy Judgment and Discontinue Case.
TO: Cumberland County
Prothonotary
Dated: Tanuary 25, 2010
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson `` ' `=
Sheriff '+' ~r~~s''~
,, ~i . a ruryf~
Jody S Smith `~'
Chief Deputy 2~' ~ ~ .,~;:i' i ~ ~'.:~,
Edward L Schorpp ~._
Solicitor -
~~:
Cancol B, d/b/a Kilborough Apartments I Case Number
vs.
Eric C Anderson 2009-5589
SHERIFF'S RETURN OF SERVICE
11/13/2009 03:35 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November
13, 2009 at 1535 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Eric C Anderson, in the hands, possession, or control of the
within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Nicole Alleman, Senior Customer Service Representative personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
11/17/2009 02:18 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
November 17, 2009 at 1418 hours, he attempted to serve a true copy of the within writ of execution, upon
the defendant, to wit: Eric C. Anderson at 417 East Main Street, Shiremanstown, Cumberland County,
Pennsylvania 17011. At that time it was learned from the defendant's mother-in-law that the defendant
had moved to 268 N Wing Street, Newark, OH 43055.
01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $98.98 SO ANS RS,
January 14, 2010 R Y R ANDERSON, SHERIFF
is ~,
B y ~`~
aron R. Lantz
~~~~" LU
y .U ~L
~ J~
;~~ ~~ ~~i
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-5589 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CANCOL B, d/b/a KILBOROUGH APARTMENTS,
Plaintiff (s)
From ERIC C. ANDERSON, 417 East Main Street, Shiremanstown, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the defendant, including but not limited to furniture, jewelry, electronics, supplies, etc. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
METRO BANK, 20 Noble Blvd, Bldg #l, Carlisle, PA 17013
Any and all accounts under defendant's names -- Acct #53-790944-2
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 $2,558.19
Interest from 11/4/09 at $.043 per diem -- $36.55
Atty's Comm $127.91 @ %5 statutory rate
Atty Paid $189.50
Plaintiff Paid
Date: 11 /6/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
~s R. Long, Pro ota
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM, PC
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Te I ephone: 717-238-7159
Supreme Court ID No. 18041