HomeMy WebLinkAbout10-3545COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
•
Mag. Dist. No.:
09-1-02
MDJ Name: Hon.
BARBARA A. CLARE
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (717 ) 761- 0583 17011
10-3545 Civil Term
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
7EVANS, GARY
121 SUNSETVIEW DR
NEW CUMBERLAND, PA 17070
L J
vs.
DEFENDANT: NAME and ADDRESS
rKEEGAN, COLLEEN
528 HUMMEL AVE
LEMOYNE, PA 17043
GARY EVANS L J
121 SUNSETVIEW DR Docket No.: LT- 0000159 -10
NEW CUMBERLAND, PA 17070 Date Filed: 4/09/10
si
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
?x Judgment was entered for: (Name) EVANS, GARY
Judgment was entered against KEEGAN, COLLEEN in a
0 Landlord/Tenant action in the amount of $ 1,115.00 on 4/20/10 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 675.00.
The total amount of the Security Deposit is $ 675.00
Total Amount Established b MDJ Less • Security Deposit Applied =
Rent in Arrears $ 1, 00.00-$ $ .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ .00-$ _00=
Less Amt Due Defendant from Cross Complaint -
• Interest (if provided by lease)
d DEFENDANT TO BE OUT IN 10DAYS" L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
?X Possession granted.
? Possession granted if money judgment i
? Possession not granted.
Total Judgment
$ Adjudicated Amount
1,000.00
$ .00
$ _00
$ -00
$ _00
$ IF000_00
$ 115-00
$ _00
$ 1,115.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLYIN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROgEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLYTHE MONEY P00ION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE' OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DI?r ISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRAN?CRIFT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISFRIdT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCE,?,MUST C0ME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT,) GE . ,
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREST'I=D IN TMF,JUDGMENT MAY F LE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE 4dDG.N0',r0EBtOR PAY$ INT
SETTLES, OR OTHERWISE COMPLIES WITH T E JUDGMENT. ; t
Q-U Date District Judoe
I eenlry m t thus is a true and /sect co of the record
Date
MX commission expires fir Monday of January, 2011
AO C 315A-08
?t..
rial District
SEAL
')F THE P'n"! ,-;..' -f
ARY
2010 MAY 27 H-i 3, ?6
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149 Etc. ZQ~Q ~~~ ~ ~ Pt~~~ (~: ~~
Gary Evans
IN THE COURT OF COM)~lE?I;)~AS.OF~ ;;,~'',:~j~~
CUMBERLAND COUNTY, PEI~J~s7~,~~~i~j~
vs.
Colleen Keegan
vs.
Metro Bank
Garnishee
Writ No. Term, 20
No. 10-3545_
Amount Due $ 1,115.00
Interest From Apri120, 2010
Attorney's Com.
Costs ~
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, O
!r
(1) Directed to the Sheriff of Cumberland County, Pennsylvania; $a1~• ~ Pp A~tty
a~. a~ r~
(2) Against Colleen Keegan a.SO ~~
528 Hummel Avenue, Lemoyne, PA 17043 Defendant (s); S~f ,~r_ ~ AT'~''l
(3) and against Metro Bank
8b Ashland Avenue, Carlisle, PA 17013 Garnishee (S);
(4) and index this writ
(a) against Colleen Keegan
528 Hummel Avenue. Lemoyne, PA 17043 Defendant (s); and ~ _
aZ. oo ~ W
(b) against Metro Bank. • 50 LL
86 Ashland Avenue, carusie, PA 17013 Garnishee (S),
as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: C~( (501
(Specifically describe property)
Levy upon, garnish and attach all funds or other obligations of or owing to the Defendant,
Colleen Keegan, situate or under the control of Garnishee Metro Bank, 528 Hummel Avenue,
Lemoyne, PA .17043.
(5) Exemption ha/s (not) been waived.
Date: 1 ~ ~ Y `!
ttorney for Plaintiff (s)
295-1
NOTE
Under pazagraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(6), the county should be
indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Pazagraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule
3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(6).
Pazagraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is
desired. See Rule 3104(c).
.~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-3545 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GARY EVANS, Plaintiff (s)
From COLLEEN KEEGAN, 528 Hummel Avenue, Lemoyne, PA 17043
(1) You are directed to levy upon the property of the defendant (s)and to sell
(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, 65 Ashland Avenue, Carlisle, PA 17013
Levy upon, garnish and attach all funds or other obligations of or woing to the defendant, Colleen
Keegan, situate or under the control of Garnishee.
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 $' I,115. pp
Interest from 4/20/10
Atty's Comm
Atty Paid $54.25
Plaintiff Paid
Date: 7/14/10
L.L.$.50
Due Prothy $2.00
Other Costs
(Seal)
REQUESTING PARTY:
Name DAVID J. LANZA, ESQUIRE
Address: LAW OFFICES OF DAVID J. LANZA
2132 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone : 717-730-3775
Supreme Court ID No. 55782
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~~,~tr of `t~tniY~r~$a
~. ~
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4FFCS nF "c $H6Ri~F
-f~
~-i:. [
Tti~: ~, ~ ~ ~~'~
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Gary Evans
vs.
Colleen Keegan
,,-r'~e
~:, ~ ~ ! a
i ~+
~.~' ~ .,l
Case Number
2010-3545
SHERIFF'S RETURN OF SERVICE
07/26/2010 02:29 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 26,
2010 at 1427 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Colleen Keegan, in the hands, possession, or control of the within
named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 by
handing to Mary Ellen Ballew, 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.
The writ of execution and notice to defendant was mailed on July 27, 2010 to Colleen Keegan at 528
Hummel Avenue, Lemoyne, PA 17043.
SO ANSWERS,
July 27, 2010 RON R ANDERSON, SHERIFF
Ro rt Bitner, Deputy
(cj County5uite Shenfi. Teleosoft. Inc.
David J. Lanza
I.D. No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730-3775
GARY EVANS, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 10-3545
v. : CIVIL ACTION -LAW
COLLEEN KEEGAN
Defendant
v.
METRO BANK `-'
cam- _ _ J
~,
Garnishee ~ '~ '
INTERROGATORIES TO GARNISHEE
~ ~W
TO: Metro Bank -: ~ ~~
65 Ashland Avenue U
Carlisle, PA 17013 W
You are required to file answers to each of the following Interrogatories within twenty (20) days after
service upon you. You are required to sign the verification page following the Interrogatories. Failure to
answer any of the Interrogatories or to sign the verification page shall result in judgment against you.
1. At the time you were served or at any subsequent time did you owe the Defendant, Colleen
Keegan, any money or were you liable to her on any negotiable or other written instrument or did the
Defendants claim that you owed them any money or were liable to them for any reason?
Defendant has account 833379530 held. individually with a
balance of $1.00. Defendant did not receive $300 exemption.
2. If at the time you were served or any subsequent time you owed the Defendants, any money,
state the amount of money owed to her.
no
3. If at the time you were seared or at any subsequent time you were liable to the Defendants on
any negotiable or other written instrument, state the amount of your liability and attach a copy of the written
instrument to your answers.
no
4. At the time you were served or any subsequent time was there in your possession, custody or
control or in the joint possession, custody or control of yourself and one or more other persons, any property of
any nature owned in whole or in part by Defendant?
no
5. If the answer to question #4 is yes, describe the property held by you and state the value of any
such property.
6. 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 Defendants, or either them, or any other property in which
Defendants held or claimed any interest?
no
7. If the answer to question #6 is yes, describe the property so held or claimed, and state the
value of such property.
8. At the time you were served or any subsequent time did you hold as a fiduciary any property in
which the Defendant had an interest?
no
9. If the answer to question #8 is yes, describe the property and state the value thereof.
10. At any time before or after you were served did the Defendants transfer or deliver any property
to you or any person or place pursuant to your direction or consent, and if so, what was the consideration
therefore?
no
11. At any time after you were served did you pay, transfer or deliver any money to the Defendant
or place pursuant to their direction or otherwise discharge any claim of the Defendant against you?
12. Identify all bank accounts that the Defendant hold(s) including (1) the account number, (2) the
balance in the account at the time you were served (3) the most recent transfer of funds out of that account
and (4) the date that account was closed (if applicable).
See answer to question 1
13. At any time prior to the time you were served did you owe the Defendant any money or were
you liable to them on any negotiable or other written instrument or did the Defendants claim that you owed
them any money or were liable to them for any reason?
no
14. If the answer to question #13 is yes, state the most recent time that you owed the Defendant
any money or the most recent time that you were liable to her on any negotiable or other written instrument or
that the Defendant claimed that you owed her any money or were liable to them for any reason.
-~ (~ ~(l~
Date:
ey:
David J. Lanza
Attorney I.D. #55782
2132 Market Street
Camp Hill, PA 17011
(717) 730-3775
Attorney for Plaintiff
6 ~
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)
Levy 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 of his/her knowledge, information and
belief.
~~ ~.
IGN TURF)
. x SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?41ti5, a1 titfil!(ip?,? FILED -OF Fyy
ll?:.
Jody S Smith ,? ar (= THE P1,30TH
Chief Deputy _
Richard W Stewart 2011 FEB 11 P 2: 57
Solicitor ; . CUMBERLAUD I...OU T Y
PENNBYL'4h, yl: o
Gary P. Evans
VS. Case Number
Colleen Keegan 2010-3545
SHERIFF'S RETURN OF SERVICE
07/26/2010 02:29 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 26,
2010 at 1427 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Colleen Keegan, in the hands, possession, or control of the within
named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 b,
handing to Mary Ellen Ballew, 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.
The writ of execution and notice to defendant was mailed on July 27, 2010 to Colleen Keegan at 528
Hummel Avenue, Lemoyne, PA 17043.
02/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $88.39
February 11, 2011
a-aopd- Co.
SO ANSWERS,
RON R ANDERSON, SHERIFF