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Home My WebLink About09-8269.is WYNDHAM PLACE HOMEOWNERS IN THE COURT OF COMMON PLEAS, ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ; V. JOSHUA V. AUXER, Defendant To: Defendant, Joshua V. Auxer NO. 6 ? - ?r " % C, -Jv" 4ff' CIVIL ACTION - LAW You are hereby notified that on lVeY- 3d , 2009, the following (9r-deF) (DesFee) (Judgment) has been entered against you in the above-captioned case. $2,500.00, plus costs and interest from October 13, 2009 DATE: 30 ov`l .5 Prothonotary I hereby certify that the name and address of the proper person(s) to re01 ceive this notice are: Joshua V. Auxer 4135 Kittatinny Drive Mechanicsburg, PA 17050 It A: Defendido, Joshua V. Auxer Por este medio se le esta notificando que el de del 2009, el/la siguiente (8rden), (secrete), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Joshua V. Auxer 4135 Kittatinny Drive Mechanicsburg, PA 17050 ,1% WYNDHAM PLACE HOMEOWNERS ASSOCIATION, Plaintiff, V. JOSHUA V. AUXER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PRAECIPE Please enter judgment in favor of Plaintiff, Wyndham Place Homeowners Association, and against Defendant, Joshua V. Auxer, on the attached Notice of Judgment from Magisterial District No. 09-03-04, in the amount of $2,500.00, plus costs and interest from October 13, 2009. Respectfully Requested, Wix, Wenger & Weidner By: MR I/ Jeffr Ix Clark, I.D.# 89277 508 Second Street P.O. B45 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff DATE: W (2,A) 6? t COMMONWEALTH OF PENNS"NIA COUNTY OF. CUMBERLAND Mag- Dist- No-: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD. MECHANICSBURG, PA Telephone. i717i 761-8230 17050 WYNDHAM PLACE B P. O. BOX 118 ENOLA, PA 17025 NOTICE O fWDGMENT/TRANSCRIPT IL CASE PLAINTIFF: NAME and ADDRESS FiYNDHAM PLACE HOMEOWNERSI ASSOC. 7 P. O. SOX 118 ENOLA, PA 17025 L J VS. DEFENDANT: NAME and ADDRESS rADXER, JOSHUA VICTOR 7 4135 KITTATINNY DR. MECHANICSBURG, PA 17050 ' ASSOC. L J Docket No.: CV-0000373-09 Date Filed: 6/24/09 THIS IS TO NOTIFY YOU THAT:. Judgme'riryt: FOR PLAINTIFF (Date of Judgment) 10/13/09 71 Judgment was entered for: (Name) WYNDHAM PLACE HOMEOWNERS I ASSO IT Judgment was entered against: (Name) AUXER, JOSHUA VICTOR in the amount of $ 2.500.0 ? 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 $ 2,500.00 $ .00 $ • $ .00 $ 2,500.OQ 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 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. _ym?Azl, Date Magiste*' iStrfe# Judge I certify that this is a true an correc ceedings containing V'tte judgment. Date Magisterial District'Judgp My commission expires first Monday of January, 2010 SEAL AOPC 315-07 t r?" F- ZLI.iJ .l.,?f i?.vtL L-: r 2009 HOV 30 PM 3: 10 cUm- C kti! ??L?'Ji11i'% ?d lJ e'?''? Ao 9-3 Y J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ~ ~. ~, ~/h ~~lac 2 rfor~ C o4/n ers /I SSoC i af'r o ~i Plaintiff VS. Jos~~a Y• AvXcr' Defendant Address: ~t3.S Klffati.,rry Arrv~ !'HCGI^vnicS~VrJ) ~' 17vs-p t3ELco Corrhw~;f~ C.~.d~r (-~~~ ~ t~ ljaia isl,ee TO THE PROTHONOTARY OF THE SAID COURT: ^ Confessed Judgment 'Other File No. Ool - $~ ( g Amount Due ~ a , X00 • DD Interest fio 6e cgk~le.~~~l f'~o.~-~ 1~/(3kjg Atty's Comm !'~~Q"""'-, Costs fi0 6c ac~c~ecr 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 C~^-+ ber ~an~ County, for debt, interest and costs, upon the following described property of the defendant (s) {any Q..~ 11alJl. 7tlsen~.~ ~`~"~pe^i~ pl' Vt~i.-,ri.J ~oea7i~ eel h~: P~SI~cf.i.<-.O ~it3s /I~e/f ~'G/~~nyy~ 7,-~vl~ r'(1lt i"~. .n `c3 ~t.~i~, (7/q ~7051~0~ G•4) Gn1~~ IV'Bh%c~os OWhe d 7 ~Ct'.w.~anT f Toye~o TVNeI.~a 7 I~Ct v~so 7 T.J"BSS~?~ Gro .Say't~~.~ 1•++ ~ lic . x GSA -7597). Al~-.I.,1~. //~~.t t a«~c•-^r~~syy ~ T,~s.,d}o.,T air $ELco ~O•'i vMV A'ify Clhl,r (,t,l i.,l L.. S3o~1 lw~/1)t•l i~~/+-I_7h~6~!`i~v"r~ I'i'¢, and S f~,,, ~' ?v-'FtI'~~c~v'Io~i+>, to CGC,..,if4.~s ~riiic~e~ Tjy a,^~'i , PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of t~.~-•b+.~ 1*ae~ County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply sipx copies of the description; supply foCUr copies of lengthy pe{rsonalty list) !"r ~) 0 CC 6 v rtJS O'F"~y.,~C~ I •e~ v..! 0.T ~ E LCO io/~.rr. tM + i' Crlq r' f ~/..a s •,,.-~ ~ .t 30 ~'/ ~') (I ~~ L ~~ I +•G lr c w ~ Cs ~VT~ ~ , Q•~ SQ+-'~~ ~~1 ~Ia'rp qp,~6 ~/ ~f ~"o r~ts~e c P %~ ~ dPa 6y ~1~; •,~, J 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 t''~ ~ defendant(s) described in the attached exhibit. ate ~~6/to Signature: p+y ` - Print Name: ,, z=~ ~ iJr>< ~ IJc~N/ GIG ~s~ ~- ~~~ ~~ s ~..7 ,1S cos~f's B ~ ~~ . SO P oL a_-~~ a' `l+ i~ t~~- 9 s,L, oO ~c t~• Address: Attorney for: Telephone: pendens agai al estate of the JoF~~P~ C. ci~l~ Sc~ N. ?"1 St- . ~a<e:es b~~~~ Pt4' i Rio! t7t~) ~~y-t.L~~ Supreme Court ID No: ~1 ~ 7 7 3 , Sd ~ mac. !.~ WIX, WENGER &WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW STEVEN C. WILDS THERESA L. SHADE WIX 508 NORTH SECOND STREET DAVID R. GETZ POST OFFICE BOX 845 STEPHEN J. DZURANIN HARRISBURG PENNSYLVANIA 17108-0845 JEFFREY C. CLARK , PETER G. HOWLAND aso Mamba MassacMUelfa Bar (717) 234-4182 FAX (717) 234-4224 www.wwwpalaw.com Mr. Curt Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 August 6, 2010 THOMAS L. WENGER DEAN A. WEIDNER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 p17> ssz-sass RE: Wyfidham Place Homeowners Association v. Joshua V. Auxer Our File No.: 9627/15236.3 Dear Mr. Long: Enclosed for filing are an original and three copies of Plaintiff's Praceipe for Writ of Execution, a check for $24.50 for the filing fee, along with Interrogatories to Garnishee and a Request for Service form for the Sheriffs Office with a $150.00 deposit. If you have any questions, please contact us. Thank you. Sincerely, JCC/hap Enclosures SASE Wix, Wenger & Weidner 13y: ~'1 ~ ~c~a~"' Holly A. Pilsitz, Paralegal ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8269 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WYNDHAM PLACE HOMEOWNERS ASSOCIATION Plaintiff (s) From JOSHUA V. AUXER, 4135 KITTATINNY DRIVE, MECHANICSBURG, PA17050 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF DEFENDANT LOCATED AT HIS RESIDENCE, 4135 KITTATINNY DRIVE, MECHANICSBURG, PA 17050, AND ANY VEHICLES OWNED BY DEFENDANT (TOYOTA TUNDRA, LICENSE YTL-8552, AND SATURN ION, LICENSE GSA-7597). ATTACH ALL ACCOUNTS OF DEFENDANT AT BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA ,AND SERVE INTERROGATORIES TO GARNISHEE PROVIDED BY PLAINTIFF. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 GARNISHEE(S) as follows: ALL ACCOUNTS OF DEFENDANT AND SERVE INTERRROGATORIES TO GARNISHEE PROVIDED BY PLAINTIFF. 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$2,500.00 Interest •o << cylca.la~-~d~f'~-~ ~a~~t~e9 Atty's Comm Atty Paid $54.25 L.L.$.50 Due Prothy $2.00 Other Costs 7-0 ~ t /~~~~( Plaintiff Paid Date: August 13, 2010 (Seal) David 1, roth otary By: Deputy REQUESTING PARTY: Name JEFFREY C. CLARK, ESQUIRE Address: WIX, WENGER & WEIDNER, 508 N. 2ND STREET, HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-4182 ~ A Supreme Court ID No. 89277 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~c ~.. -- Sheriff ~y~1P at ~t,tttc+~r~~ Jody S Smith "4 '14 :: j ~;~;~ ''~ ~~ ~ ~ Q Chief Deputy Richard W Stewart CiU~/1~Lr '--' '~~t~~ Solicitor ~Ft'~c~ :-~ ' ~ . ~~I~~ p~li'vSY~tlAf'31h Wyndham Place Homeowners Association Case Number vs. Joshua V. Auxer 2009-8269 SHERIFF'S RETURN OF SERVICE 08/26/2010 02:16 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2010 at 1416 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joshua V. Auxer, in the hands, possession, or control of the within named garnishee, BELCO Community Credit Union, 5304 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Lauren Hale, Assistant Manager, 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. 09/01/2010 06:20 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2010 at 1730 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Joshua V. Auxer, by making known unto Joshua V. Auxer, at 4135 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 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 levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 09-02-10. SO ANSWERS, ~~--- September 02, 2010 RON R ANDERSON, SHERIFF ~e,~ phone ca.~.~ q~3 w/ ~Ir'1~¢,r' i,n ~~~.~'s p~;c1z. ~n ~/ac~/~o I~.CQ `s Z-Q Cook-~ ~s ~ ASS .. Gcu:'~wS~it~ Shentl. T2c~suR. li?~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Bonny R Anderson t , _..~ Sheriff ~ ~, ~.~ ~l r t i L~ ~. Ott' p~ ~~ruib,~ ~.,, ,_- ? ,rt , a~~,~:P+.r Jody S Smith ~''~~~~ ~~~'~ ~~ E ~,~ ~ ~ ~~~Gt; ~ Chief Deputy ~ '?°- ~Q ~ ~ ~~ i _ ~ l `~ ~~ kJ ~ Richard W Stewart S"',• Solicitor ~~F~ _ ~.~ -r~...~ai~~ "I~6'3~E:~~./"~~ti~ GGJ~w 3 ; ~~~~'~5"~'t ~li~;~~s~ Wyndham Place Homeowners Association vs. Case Number Joshua V. Auxer 2009-8269 SHERIFF'S RETURN OF SERVICE 08/26/2010 02:16 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2010 at 1416 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joshua V. Auxer, in the hands, possession, or control of the within named garnishee, BELCO Community Credit Union, 5304 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Lauren Hale, Assistant Manager, 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. 09/01/2010 06:20 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2010 at 1730 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Joshua V. Auxer, by making known unto Joshua V. Auxer, at 4135 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 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 levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 09-02-10. 10/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $178.38 SO ANSWERS, ~~ October 08, 2010 RON R ANDERSON, SHERIFF By Sharon R. Lant a-ov~o~~ ~o. - sz~ ~.._,~ . 7~s~a~ !ci Coun`ySuite Sheriff. Teleosoft. Irr.. ~ ~~3~ a DISTRIBUTION PLAINTIFF Wyndham Place Homeowners Association WRIT NO. 2009-8269 Wyndham Place Homeowners Association -vs- Joshua V. Auxer Real Debt $ 2,500.00 Interest 13 5.71 Attorney's Comm. Writ Costs, Atty 54.25 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 2,689.96 Sheriff s Costs: Docketing Poundage Law Library Prothonotary Service Mileage Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee $ 18.00 so.ao .50 2.00 18.00 .88 40.00 9.00 Levy 40.00 TOTAL $ 178.38 Defendant Paid to Sheriff $ 2,868.34 Advance Costs 150.00 Total Collected $ 3,018.34 DISIBUTION Pd. To Pltff. $ 2,689.96 Refund of Adv. Costs 150.00 Sheriff's Costs 178.38 So Answers: e riff BY ~~~ WRIT OF EXECUTION and/or ATTACHMENT ,, COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8269 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WYNDHAM PLACE HOMEOWNERS ASSOCIATION Plaintiff (s) From JOSHUA V. AUXER, 4135 KITTATINNY DRIVE, MECHANICSBURG, PA17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF DEFENDANT LOCATED AT HIS RESIDENCE, 4135 KITTATINNY DRIVE, MECHANICSBURG, PA 17050, AND ANY VEHICLES OWNED BY DEFENDANT (TOYOTA TUNDRA, LICENSE YTL-8552, AND SATURN ION, LICENSE GSA-7597). ATTACH ALL ACCOUNTS OF DEFENDANT AT BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA ,AND SERVE INTERROGATORIES TO GARNISHEE PROVIDED BY PLAINTIFF. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 GARNISHEE(S) as follows: ALL ACCOUNTS OF DEFENDANT AND SERVE INTERRROGATORIES TO GARNISHEE PROVIDED BY PLAINTIFF. 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$2,500.00 Interest ~'oba Gr~~.w~/~+~'~ ~/~"' 10~13~ B'~ Atty's Comm Atty Paid $54.25 Plaintiff Paid Date: August 13, 2010 L.L.$.50 Due Prothy 52.00 Other Costs To 8e I~e~~ :~Sz~l). Deputy -(~.TESTINGr PARTY: ?*Iame JEFFREY C. CLARK, ESQUIRE Address: WIX, WENGER & WEIDNER, 508 N. 2ND STREET, HARRISBURG, PA 17101 Attorney for: PLAINTIFF