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HomeMy WebLinkAbout09-6656COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q g i ? 6 G 5_6 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 4AME OF APPELLANT MAG. DIST. NO. NMME OF D.J. ADDRESS OF APPELEANT CITY STATE LP CODE 4qti ?%% AAA L' -Awe. ?a1 U( P? Ou DATE OF JUDGMENT IN THE CASE OF (PWAT) i (_ON?-?ndar?' `IIaduq Rwtt. 'E: - ?ti??.1??C v.Cyr I nil kennus Akzt;w C'V o ooo a$5 - is required under Pa. If '.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. I This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after firing the NOTICE of APPEAL. Sooft- dP/d/wn -y a Do" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of farm to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary '` r" C+_1?9* n J Enter rule upon appellee(s), to file a complaint in this appeal q Nam. Of app.reen (Common Pleas No. ®/ within twenty (20) days after service of ru r suffer entry of judgment of non pros. Signature of app~ oratbmey or agent RULE: To appellee(s) Name of appe#Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ?;,?r Date: O d - 20 D / "a 6' - - Sipnaruro of Protllonofary OZO_411?? 9 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NO ICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE T PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WTHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature of official before whom affidavit was made Tide of official My commission expires on 20 ? y}.. t/? V O twit CD CL 47 c b? N ?OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CVMBZR .>•wn Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS TH E FO 7 MM, RU 1069 PETERSBURG RD C/O PAIL WILLIAMS LBOILING SPRINGS, PA 17007 J VS. DEFENDANT: NAME and ADDRESS rCARL OCzn - a8=r - S AUCTION 7 4401 PHILADELPHIA AVE CHAM1IZRSBURG,,, PA 17201 L J Docket No.: CV-0000285-09 Date Filed: 7/20/09 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 CARL OCEER - XENNY'S AUCTION 4401 PHILADELPHIA AVE CHAMBZRSBURG, PA 17201 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 9/10/09 T Judgment was entered for: (Name) SH , RUTS E ® Judgment was entered against: (Name) CARL OCXER - KEENY' S AUCTION in the amount of $ 505.5 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 $ 419.50 Judgment Costs $ 86.00 0 Interest on Judgment $ • Attorney Fees $ - Total $ 505.50 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 JUDGMENTITRANSCRIPT 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 d correc copy of the reco d of ,terial District Judge": proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 -Im TMPROTH' bTARY 50 OCT -6 PM t: 27 :i ?,O tGOUNTY PEr,INSYt-VnNIA PROOF OF SERVICO OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W THIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLV IA COUNTY OF ss AFFIDAVIT- I hereby (swear) (affirm) t at I served ? a copy of the Notice of Appeal, Common PleasV7 (45-6 , upon the District Justice designated therein on (date of service) / e O 20 42by personal service ? by (certified) (registered) mail, sender's receipt attac d ereto, and upon the appellee, (name) ??( Sp H on DL i , 20 09 ? by personal service (certified) (registered) mail; sender's receipt attached ereto. l )RN} (AFFIRMED) AND SU S R BE BEFORE ME C ?DAY OF t 2Qg0-. . n Signature of affiant Signature of official before whom NOTARIAL SEAL COUNTY COURTHOUSE 20 U.S. Postal Service Ln CERTIFIED MAIL,. RECEIPT u, I (Domestic Maft Only; No Insurance Coverage Provided) o cc e 7 co 11111 l x.44 ' ?1 ----?-j rq Postage $ r^ ?? `E Pq O Certified Fee M Q p k Return Receipt Fee - '? (a le W O (Endorsement Required) /JU Restricted Delivery Fee 17 O (Endorsement Required) r-q #1? -009 Total Postage & Fees $ • L r? Sent To a ; l-tt?ms o Ok .S?en--- ..?o rn, C3 Street, Apt. No.,-- I" - or PO Box No. j Q IO? IF? r?? Q -------------------- - City, State, 4 ? a,??n r',' ?- 1700 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) RUTH E. SHENK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CARL OCKER, d/b/a KENNY'S AUCTION, Defendant CV-0000285-09 4~- l~l.~ ~~i'~~ TO: Carl Ocker, d/b/a Kenny's Auction, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 DELANO M. LANTZ & ASSOCIATES By: ~ Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) Dated: November 3, 2009 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) RUTH E. SHENK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CV-0000285-09 CARL OCKER, d/b/a KENNY'S AUCTION, Defendant COMPLAINT 1. Plaintiff is Ruth E. Shenk, an adult individual, currently residing at Chapel Point, 770 South Hanover Street, Carlisle, PA 17013. 2. Defendant is Carl Ocker, d/b/a Kenny's Auction, 4401 Philadelphia Avenue, Chambersburg, PA 17201. 3. At all relevant times, Plaintiff engaged her daughter, Pamela J. Williams, to act on her behalf pursuant to a duly executed Power of Attorney agreement with regard to the subject matter of this complaint. 4. On May 6, 2009, Ruth E. Shenk entered into an agreement with Defendant for placing for sale at auction various personal items owned by Plaintiff. A true and correct copy of the Consignment Agreement signed on May 6, 2009, but erroneous dated ,May 7, 2009, by Defendant is attached hereto as Exhibit A and incorporated herein by reference. As part of the consignment agreement, the parties explicitly agreed that the items would placed up for sale at the auction to be held on May 15, 2009. It was specifically understood and agreed that the auction would be held on that date so that Pamela Williams and other family members could be present at the auction in order to bid on items and to assure that none of the items were sold for inadequate or no consideration. Defendant also agreed that Plaintiff's representatives could take possession of any items that did not sell at the auction. 4. Under the Agreement, in addition to specifically agreeing that the auction would be held on May 15, 2009, so the family could be present, Defendant agreed to advertise the auction on his website. 5. The items to be placed up for sale at the auction on May 15, 2009, were picked up by Defendant on May 6, 2009, at the time the attached was signed. 6. In violation of the Agreement, Defendant sold the items at auction on Friday, May 8, 2009, without notice to Plaintiff, Pamela Williams or other family members. 7. Plaintiff and Pamela Williams were not aware that the items had been sold until an envelope with information and receipts relating to the sale was received on May 14, 2009. 8. If the auction had been held on May 15, 2009, as agreed, Pamela Williams and other family members would have been present at the auction. On behalf of Plaintiff, they would have bid on many of the items that were sold for very modest amounts at the auction in order to assure that no iems were sold for inadequate or no consideration. Such bidding would have resulted in either a higher sale price for the 2 items at the auction, or family members would have purchased the items and thereby had the opportunity to take advantage of other sales opportunities, such as flea markets to achieve higher sale prices for the items that ended up being sold for inadequate or no consideration. 9. Defendant di not advertise the items on the website prior to the auction. 9. Despite his breach of the Agreement, Defendant charged a commission of 35% on the items sold, which resulted in a commission of $362.51. 10. Plaintiff requests damages consisting of the following: A. Refund of the commission of $362.51; B. The amount of at least $343 to compensate Plaintiff for the additional proceeds that: (a) would have been realized on many of the items that were sold or otherwise disposed of for inadequate or no consideration if family members had been present to bid on the items; and (b) would have been realized if Plaintiff's family members, including Pamela Williams had been present at the auction to buy back and/or reclaim items that did not receive any or only inadequate bids at the auction and then take advantage of other opportunities to sell or resell the items, such as at a flea market. The total additional proceeds that could have been realized if Defendant had complied with his agreement is at least $343. C. Plaintiff also requests reimbursements for her docket costs in this matter. WHEREFORE, Plaintiff, Ruth E. Shenk, demands judgment against Defendant, Carl Ocker, d/b/a Kenny's Auction, in the amount of at least $705.51, together with 3 docket costs of $86.00 and such other costs and expenses as permitted by law. DELANO M. LANTZ & ASSOCIATES By: ~ _ . Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) Attorneys for Plaintiff Dated: November 3, 2009 4 EXHIBIT A Kenny's Auction 440'i PHl>_ADELPHIA AVENUE CHAMBERSBURG, PA '1720'1 t7'l7]'254-5578 ~~ ~~ a,© N Consi nment Check-In ~~ g ..~~.~~ ~~ Phone: '~ i'I ~a~ `-~ 1 ~~~,,~ Taken In By: Description of Items Consigned: ~: ~~ Lot Number: ,~..~-~.~ ~ ff ,~ /~.~ ~G.,~Yi. sC ~dO~ ~' l commission you to auction the items above to the highest bidder by public aucn, I certifyr tfiat I am-the oan~raer of the above lisf~cf goods and have g~wd tiffs and ~ right's sell. I understand gta# I an+l~ receive a check in the mail ahce`my inns hears bash sold only ff the total safe exceeds the $ ~ ~S minimum pick uptccxnrniss~ fee ~i# my items total less than $ 1~_, 1 will cec~ive no payment and be brlbd for the diiference~ I s#so understand that 1 will be charges! for disposal of any items that fail to sell. Speeiai Instructions: Commission Fee: ~ ~ °!° Date: S "~ L' ,_..;_ Seller's Signature: ~c~ ~ ~ ;~, t. ~ ~.l ,~ ~ ~ ~ , j ~ ~ Thank you for using Key's Auction services. We are proud to be serving this community for over 2U years! Please keep this receipt. Should you have any ques,dons, please caU us at 727-264-b578. VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: October , 2009 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Carl Ocker 4401 Philadelphia Avenue Chambersburg, PA 17201 '~ ,~ u' Delano M. Lantz Date: November 3, 2009 V i iG~91#~~ -3 i'i ~ i ;5 ! ~ i '7~1I ~ ~~. ti.~~l,~rr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Ruth E. Shenk Plaintiff vs. Carl Ocker, d/b/a Kenny's Auction Address: 4401 Philadelphia Avenue Chambersburg, PA 17201 Defendant TO THE PROTHONOTARY OF THE SAID COURT: ? Confessed Judgment ? Other File No. 09-6656-CV Amount Due $705.51 Interest $38.80 Atty's Comm Costs $86.00 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 County, for debt, interest and costs, upon the following described property of the defendant (s) Carl Ocker located in Cumberland County; and also issue Writ of Execution against Garnishee, M & T Bank, One West High Street, Carlisle, PA 17013, and enter this Writ in the judgment index against Defendant and M & T Bank, as garnishee. 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) Bank Account No. 33554838 M&T Bank, One West High Street, Carlisle, PA 17013 and all other property of the defendant(s) in the possession, custody or control of th d garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis per}dens a real estate defendant(s) described in the attached exhibit. // Date December 7, 2010 Signature: Print Name: lano M. Lantz, squire Address: 4 North Hanover Street Carlisle, PA 17013 Attorney for: Ruth E. Shenk Telephone: 717-422-5874 Supreme Court ID No: 21401 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -7 PM 1: 14 CUP NNLSYLVANIANTY 4 il// o? 14;; S6 aw ?, L c X,., / G/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6556 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RUTH E. SHENK Plaintiff (s) From CARL OCKER, D/B/A KENNY'S AUCTION AT 4401 PHILADELPHIA AVENUE, CHAMBERSBURG, PA 17201 (1) You are directed to levy upon the property of the defendant (s)and to sell CARL OCKER LOCATED IN CUMBERLAND COUNTY; AND ALSO A WRIT OF EXECUTION AGINST GARNISHEE M&T BANK, ONE WEST HIGH STREET, CARLISLE, PA 17013, AND ENDTER THIS WRIT IN THE JUDGMENT INDEX AGAINST THE DEFENDANT M&T BANK, AS GARNISHEE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK AT ONE WEST HIGH STREET CARLISLE, PA 17013 GARNISHEE(S) as follows: BANK ACCOUNTY NO. 33554838 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 $705.51 Interest $38.80 Atty's Comm % Arty Paid $41.00 Plaintiff Paid Date: 12/7/10 (Seal): L.L. $.50 Due Prothy $2.00 Other Costs$86.00 David Buell, Proth not By' (A]MA h1771 REQUESTING PARTY: Name DELANO M. LANTZ, ESQUIRE Address: 4 NORTH HANOVER STREET CARLISLE, PA 17013 Attorney for: PLANTIFF Telephone: 717-422-5874 Deputy Supreme Court ID No. 21401 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 0 0119 F FLE!?D-DgF?= IC! F THE 2011 JAN -4 PM 1: ',9 Richard W Stewart Solicitor CUMBERLAND COU } s PENI aSYIYANII Ruth E Shenk i VS. I Case Number Ocker, Carl d/b/a Kenny's Auction 29 SHERIFF'S RETURN OF SERVICE 67- 01/03/2011 02:44 PM - Tim R. Black, Deputy Sheriff, who being duly sworn according to law, states that on January 3, 2011 at 1444 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carl Ocker, d/b/a Kenny's Auction, in the hands, possession, or control of the within named garnishee, M & T Bank, 960 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Angela Hetrick, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 4, 2011 to Carl Ocker, d/b/a Kenny's Auction, 4401 Philadelphia Avenue, Chambersburg, PA 17201. SO ANSWERS, January 04, 2011 RON R ANDERSON, SHERIFF Ti R Black, Deputy ,r; CourSuite Sheriff. Tereosufl, ln,-, I `z DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) RUTH E. SHENK, Plaintiff V. CARL OCKER, d/b/a KENNY'S AUCTION, Defendant FILEO-n n?. J I PM 2: InN"!S y t, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CV-09-6656-09 Answim 4o INTERROGATORIES TO GARNISHEE. M & T BANK RE DEFENDANT CARL OCKER d/b/a KENNY'S AUCTION To: M & T Bank One West High Street Ma o/a? es Provide Carlisle, PA 17013 Do Urra?nassact?of?es oli?pA$#®d t t30 Process/e9a/ You are required to file answers to the following interrogatories within twenty ()ees 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 any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or 1P rail is A JOINT ACCOUNT were liable to the defendant for any reason? p'? ? ? & T Bank requires written 2. At the time you were served or at any subsequent time°w asitlweoirt yOWners and/or possession, custody or control or in the joint possession, custody or dddt bfr9tUTS'Affse funds and one or more other person any property of any nature owned solely or in part by the defendant? 1? %O,o i," - C-C) . 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 the defendant held or claimed any interest? NZ) 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served did the defendant 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 therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? 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 Pennsylvania or Federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. ?\D 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. DELANO M NTZ & ASSOCIA By. LMIE MASKA Delano M. Lantz M&T BANK I . D. No. 21401 4 North Hanover Street Carlisle, PA 17013 JAN 1 s ' 011 717-422-5874 717-422-5879 (fax) Dated: December 7, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILE -O H,"i- ? 11 FIPB 22 AH 9: F2 ?d P FFYRt.j q y I t!, I; Ruth E Shenk Case Number vs. 2009-6656 Ocker, Carl d/b/a Kenny's Auction SHERIFF'S RETURN OF SERVICE 01/03/2011 02:44 PM - Tim R. Black, Deputy Sheriff, who being duly sworn according to law, states that on January 3, 2011 at 1444 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carl Ocker, d/b/a Kenny's Auction, in the hands, possession, or control of the within named garnishee, M & T Bank, 960 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Angela Hetrick, Teller, 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. The writ of execution and notice to defendant was mailed on January 4, 2011 to Carl Ocker, d/b/a Kenny's Auction, 4401 Philadelphia Avenue, Chambersburg, PA 17201. 02/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $100.77 (PAID BY DEFENDANT) February 18, 2011 SO ANSWERS, 122, RON R ANDERSON, SHERIFF 8 k Z-111 j p 1--y( _ Sharon R. Lantz s7? ?- god Ssss9 DISTRIBUTION PLAINTIFF Ruth E. Shenk WRIT NO. 2009-6656 Ruth E. Shenk -vs- Carl Ocker, DB/A Kenny's Auction Real Debt $ 705.51 Interest 38.80 Attorney's Comm. Writ Costs, Atty 41.00 Writ Costs, Pltff. Miscellaneous 86.00 Attorneys Fees 871.31 Sheriff's Costs: Docketing $ 18.00 Poundage 14.11 Law Library .50 Prothonotary 2.00 Service Mileage 5.40 Postage 1.76 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee 9.00 Levy 20.00 TOTAL $ 100.77 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltf£ $ 871.31 Refund of Adv. Costs 150.00 Sheriff's Costs 100.77 $ 972.08 150.00 $ 1,122.08 So Answers: Ro y . Anderson S eriff By i 4 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) RUTH E. SHENK, Plaintiff V. CARL OCKER, d/b/a KENNY'S AUCTION, Defendant w? l"R 16 Pill n: etv ,ty IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CV-09-6656-09 PRAECIPE TO SETTLE, SATISFY, AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, satisfied, discontinued and costs paid. DELANO M. MTZ & By: ' Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) Dated: March 16, 2011 I I CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Carl Ocker Kenny's Auction 4401 Philadelphia Avenue ChambersburA 17201 , ano M. Lantz Dated: March 16, 2011 2