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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. ~,~~~~ l t ,,: n ~ i(,^tt inn ~21 i.' ~ J L~u~ P v"~ ., :: ~ ~ ,,. ~~ f=1Lt~;~ ~ ~''- ~ -4f~~, 200 J~~~?_~ G'i ~~ ~ i 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