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Home My WebLink About10-7561COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDG.~MJENT COMMON PLEAS No. 1 O •- f ~~+ ( C t ~ ~ 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. ^NAME OF APPEL T NM4f. YID1. 1N• ,vM~IG Hr Y.J. i ''dJAV l~•~~ R r a L o 9- 3. a Z f~,~~;a,r, r~~ ~worr~ss of cm s TE ziP cooE a-TE of a+ ~ cr~sE of p (otir~nq' ~/.lS- t o /~1 ~~ /n • ~uR ~ ~R of ~iave ~( •i1~ ~_ og3oZ-woaootJ~ulZ- ~~ ~ ~ This bock will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.O.J. No. f001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, wit{ Operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after feting the NOTICE d APPEAL. SlynMur~ d PldAonobry ar Wpuy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of /onn to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. !F NOT USED, detach from SPY of notice of appeal to be servr3d upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~~ C _ lD UR ~A p-LC( appellee(s), to fife a complaint in this appeal Nair» d aP~l-ael+) (Common Pleas No. ~ U - '7slj ~ GA/"~ ~ )within twenty (20}days after service of rule or suffer entry of judgment of non pros. uro o/apps watbmsy aagent RULE: To ~ /1 8V ~ ~ ~ q ~ , appeNee(s) ms of appeYes(si (i) 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 rote upon you by personal seniK:e or by c~rtiiied 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 th/i~s ru{e if service was by mail is the date of the mailing. Date: ~~ ~ .20 /v SignatureorProfNorateryorDeputy YOU MUST INCLUDE A COPY OF THE NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE O~AL. AOPC 312-02 WHRE - CDURT FILE TO BE FlLED WITH PROTHONOTARY GREEN -COURT FlLE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PR001F ~ ~~~R~7yC6 ~F APP~A! Ai~~'~1!E ~!?'~!'~~'~'~ (This proof of service MUST BE FILED 1M 1-i'!rv (f~OJ DAYS AFTER.fiJing of fine r-ofiice af~appeal. Check apprtacab/e 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 of a-fiant Signature of officia/before whom atTidavit was made Title of oMcial My commission expires on , 20 C ~ ~ ~ om ~ ~ ~ Q ' ~'t~ ~ 0 ~ t ~~" ^"~~' ~ ~ r... ~ i ~ ~ U ~ ~ ~ ~ Q ~~ 3a- ~ ~ ? +L3 V ~ ~ '~-~t C ~ D -1~ -~ tX~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-02 MDJ Name: Honorable Vivian Cohick Address: 55 Penn Drive Newville, PA 17241 Telephone: 717-776-3187 Dave Marpoe Newville Country Diner 8 S High Street Newville, PA 17241 Docket No: MJ-09302-CV-0000142-2010 Case Filed: 9/27/2010 Disposition Summary Docket No Plaintiff Defendant MJ-09302-CV-0000142-2010 Mary M Burchard Dave Marpoe MJ-09302-CV-0000142-2010 Mary M Burchard Newville Country Diner Judgment Summary Joint/Several Liability Individual Liability Participant Mary M Burchard $0.00 $0.00 Dave Marpoe $6,138.00 $0.00 Newville Country Diner $6,138.00 $0.00 Judgment Detail (*PostJudgment) Disposition Disposition Date Judgment for Plaintiff 11/15/2010 Judgment for Plaintiff 11/15/2010 Amount $0.00 $6,138.00 $6,138.00 In the matter of Mary M Burchard vs. Dave Marpoe; Newville Country Diner on 11/15/2010 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $6,000.00 $0.00 $6,000.00 Costs $138.00 $0.00 $138.00 Grand Total: 36,138.00 Mary M Burchard V. Dave Marpoe, Newville Country Diner MDJS 315 Page 1 of 2 Printed: 11/15/2010 10:42:45AM Mary M Burchard Docket No.: MJ-09302-CV-0000142-2010 v. Dave Marpoe, Newville Country Diner 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 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. 1~ s ~~ Date Magisterial District Judge Vivian Cohick .,, .. ~e~~ ~~ Y~ e2~Y~~i.gZ ~y I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Vivian Cohick MDJS 315 Page 2 of 2 Printed: 11/15/2010 10:42:45AM ¦ Complete items 1, 2, and 3. Also complete Signature Item 4 If Restricted Delivery Is desired. X ? Agent 1 ¦ Print your name and address on the reverse r Addreum so that we can return the card to you. B. Received (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, , r I V; ? {.. ? A F, . or on the front if space permits. '" 1. Article Addressed to: D. Is delivery dress dhiereAnt from item 1 If YES, ente delivery address below: es ? No r f ( ?,02cf /,l . ?f?Qr?9 i4(.CY ke w V 41 E . ?Jtl 17Z?( 3. Type Cei iiied mail O Express Mail . etum Receipt for Merchandise ? Registered 19 ? Insured Mail ? O.D. 4. Restricted Delivery? (Extra Fee) ? Yes C'7 C .2? Cf3? =o --9 rv c-? t? Y?'t C"? CJi T.i 3[ c? C:-) --3 x? rnr- -arn aQ S -n r:)-rt ?n .?J 2. Article Number 7009 1680 0001 4598 2978 (rransfer ft m service kW _ PS Form 3811, February 2004 Domestic Retum Receipt 102595-a2-M-1940 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF t.-,K 6 e--, A -? ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas /U-75-61, upon the District Justice designated therein on (date of service) & ILI) 20?, ? by personal service l!3 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Ara 19, , uec & RC? on J 7 . w , 20-?,c ? by personal service: tip by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFF.1 A & UBSCRIBED BEFORE ME THIS DAY fcl?r; , 20149. ti signatv7 e - wi a made F Title of My commfssidi>,:?xprres on 20J?-. IPh 0oG e11111111 1 1111 ii?il Ma?ar? Signature of afBant pPb c f S"?, -? his' PENNSYLVANIA COURT OF COMMON PLEAS Judiciai District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 10 - 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. ?.,?? - MAG. DtST. NO. NAME OF D.J. ADDRESS OF APPELLANT Cm } J U / c- ' .? . r?-fr 1? .? 7? • t DATE OF iLKWmEuT IN THE CASE OF (Prrnt? DOCKET No. V8 ,D,4 V I __ / t '" 'Z G i C7 sNTE zw c /'/ Z A,r vc?_ 'I'm ."uL^ wm oe Wgnea UNLT wnen this notation is required under Pa. If appaNarnt was Claimant R.C.P.D.J. No. 1008B. (sea Pa. R.C.P.D.J. No 1001(6) in action This Notice of Appeal, when received by the District Justice, " 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 fcling the NOTICE of APPEAL. Stnaft" of AWho w0y orDep* PRAECIPE TOANTER RULE TO FILE COMPLAINT AND RULE TO FILE (This Section of fbim to be used ONLY wpen 8ppeltant 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 appeel to be served upon appenee. PRAECIPE: To Prothonotary Enter rule upon Re/4eW appelles(sj. to .a-c0nViatAt in this appeal r Nam of app"Wgs) (Common Pleas No. within twenty (20) OaA after service of rule or sut(ef ry of jtJd - , i of Cin per. 01!, O'k . f0m arayerM RULE:- To ? 1 ! olaplrelreefs) t (1) You are notified that a rule is a by entered upon you to file of this rule upon you by **WW ' bycer#itisdorregisteredma "Plant irr this appeal within twenty (20) days after the date of service d. (2) !f yd!u do twit file a,ccs"nt within this time, a JUDGMENT OF NON PROS MAY + ^' ^;• " (3) ' Zele ctssnmf t#tis rule if service was by mail is the date of the mailing. Date I U t' D"XAY YOtf?o"T LUi & COPY OF THE NOTICE OF NT/FRJAiw18C-RIPT FORM WITH THIS NOTICE OF APAL. 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 December 20, 2010 II O, ?? f ( C YV I vA ray ?? I3 ct ?, Ch ?, r??, lD ` V All Mary Burchard's Statement M W n n? 2 U tq t) 'e, The first week of August 2010 Dave Marpoe stopped me in the parking lot as I was leaving his diner. He said he really needed help as he had bills to pay and supplies coming and needed money. He asked me for a loan and said he would pay me back in a few days. I had $3,000.00 on me and he asked for another $3,000.00. 1 gave him $3,000.00 then and went and got him another $3,000.00 brought it to him within an hour. I told him I must have it back as I saved it to have my basement wall fixed inside and out, it was leaking. Days passed no Dave, no money. He was not answering my calls. I got tired of leaving messages so after a week 1 went into his kitchen (office) he ignored me. So I asked him to set up payments (of at least $25.00 a day). But he would not. I went in again to no avail. On the first week of September I asked him again. After another week he still would not call or talk to me. I wrote him a card pleading with him to no avail. He said his phone was not working, but I got a friend to call, he did answer. My friend said "who it this?" and he said "Daves Diner" (on his cell number), she said sorry I have the wrong number. I really got upset and went in again. He had a wallet out on his desk with money showing, so I asked for some, he gave me $30.00. Then I told him if he didn't not draw up a statement and start paying me by the next day, I would go to the district justice. He did nothing. The next day 9-27-20101 went to Honorable Vivian Cohick and filed my complaint. She had sent a notice for November 2, 2010 but it was cancelled to November 15, 2010. He did not show. She then sent another paper which I have attached to show you. I would like the court to ask for a lie detector test for both of us as he is always drunk and lies all the time. He always was saying his help (employees) steals money which is untrue. He also says I have Alzheimer's and he did not borrow from me but then he says he has paid me. If he didn't borrow, why would he say he paid me? He did pay me $30.00 which is a long way from $6,000.00. ed him for 5 years. I even take up for him when people talk bad t hFq. d have hel d hi p m an I truste :0 Cni r- r rNa This is my true statement. > CO ?-- y ?. 4Ln _ c-: MARY M. BURCHARD IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID A. MARPOE NO. 2010 - 7561 Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the following pages, you must take action within (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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association (717) 249-3166 or 800-990-9108 Date: 3 1 Abra,?Iam esky, Esquire Attorne or Plaintiff PAID 209787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 3 W c.-. i ,7. rll S n MARY M. BURCHARD IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID A. MARPOE NO. 2010 - 7561 Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Mary M. Burchard, by and through her attorney, Abraham Prozesky, Esquire, and files the following Complaint: 1. Plaintiff is Mary M. Burchard, an adult individual currently residing at 471 Centerville Road, Newville, PA 17241. 2. Defendant is David A. Marpoe, an adult individual currently working at 8 S. High Street, Newville, PA 17241 and residing at 26 Independence Drive, Shippensburg, PA 17257. 3. In the beginning of August 2010 and at or near 8 S. High Street, Newville, PA 17241, Plaintiff and Defendant entered into an oral agreement whereby Defendant borrowed money from Plaintiff in the amount of SIX THOUSAND DOLLARS ($6,000.00). 4. Despite demand, Defendant has only paid THIRTY DOLLARS ($30.00). Defendant has refused or neglected to repay the loan. 5. On September 27, 2010, Plaintiff filed a complaint against Defendant in Magisterial District No: MDJ-09-3-02. 6. On November 15, 2010, Plaintiff obtained judgment in the Magisterial District Court against Defendant in the amount of SIX THOUSAND DOLLARS ($6,000.00). 7. On November 15, 2010, Plaintiff obtained Costs in the Magisterial District Court against Defendant in the amount of ONE HUNDRED AND THIRTY EIGHT DOLLARS ($138.00). 8. Judgment and Costs was entered against the Defendant in the Magisterial District Court by the Honorable Vivian Cohick under docket no MJ-09302-CV-0000142-2010. A copy of the Notice of Judgment is attached as Plaintiff's Exhibit "1 ". WHEREFORE, Plaintiff prays this Court to enter judgment against the Defendant for: 1) FIVE THOUSAND NINE HUNDRED AND SEVENTY DOLLARS ($5,970.00) 2) ONE HUNDRED AND THIRTY EIGHT DOLLARS ($138.00) 3) Costs of Suit Date: 1 13 )701) Respectfully submitted, ky, Esquire Abrahdin K09787 Attorney ntiff PAID # 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 VERIFICATION The above-named Plaintiff, Mary Morgan Burchard, verifies that the statements made in the attached Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 1 Signature: kA_\,Mx Mary Mo anB ard, Plaintiff MARY M. BURCHARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 - 7561 -• 1 DAVID A. MARPOE r'qcr) _n :xa F ?' Defendant CIVIL ACTION - LAW ' CERTIFICATE OF SERVICE '- I, Abraham Prozesky, the undersigned, hereby state that I served a copy of- 1 . Notice to Defend 2. Complaint in EastodrAction in the above-captioned matter upon Defendant : A. by mailing, certified mail, restricted delivery, US Postal Service, postage pre-paid to the Defendant at: Mr. David A. Marpoe 26 Independence Drive Shippensburg, PA 17257, on January 15, 2011. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I 2-11 Attorney f aintiff PA ID # 2 787 674 Stove Court Hummelstown, PA 17013 Tel: (717) 982-1532 D. Provided) f1.! M ' -CA A rr t _ L to .1 Postage $ P,.^ niF i•ic Cef hied Fee Postmark Return Receipt Fee.;' :.': i`• }(Q ° ; ,' . C3 (Endorsement Required) O Restricted DeliveryFee l ! i i1; (Endorsement Required) C3 ru Total Postage & Fees Sent rreeTr, o nrOvo; ? O 0 or Po Box No 2 :=-- e ... - ?` city siaie; zia+a ] ? law& 1I t ¦ Ocimplets items 1, 2, and 3. Also complete A. SW" ihm 4 If Restricted Delivery Is desired. X ¦ Print your name and address on the reverse / AM- 0 Addressee IW,hw Delivery so that we can return the card to you. B. R by lime) 101 M ¦ Attach this card to the back of the mailpiece, .i _ el jS 17 or on the front if space permits. D. Is delivery address different from Rem 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No /nr. ?, CJI A , 1p e 71 dern- ?ti IPPP?, -5 hu,rj , ?A 1:12 S--;? 3. 'type Nr died and 0 Express mail 0 Regis- - - 0 Return Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (liarrafer nom wrvke 7009 2820 0302 5657 3372 - PS Form 3811, February 2004 Domestic Realm Receipt 102595.024M-1540 MARY M. BURCHARD Plaintiff V. DAVID A. MARPOE Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7561 CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Y, Esquire AbrahaF09787 Attornetiff PAID # 674 Stover Co urt Hummelstown, PA 17036 Tel: (717) 982-1532 Kindly enter judgment against Defendant, DAVID A. MARPOE, in the default of an Answer, in the amount of $5,970.00 computed as follows: Amount claimed in complaint $6,000.00 Less: Amount Paid: ($30.00) Plus: Interest $0.00 Attorney fees $0.00 TOTAL I certify that Defendant, DAVID A. MARPOE, last known address is 8 S. High Street, Newville, PA 17241. Date: 1123 2-811 i--;a ?! ?? 'L7 C=? -s o Gw?. 314. oo A a*y poa5S 4P, 0oh-ce *led MARY M. BURCHARD IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID A. MARPOE NO. 2010 - 7561 Defendant CIVIL ACTION - LAW CERTIFICATE PURSUANT TO RULE 237.1 Pursuant to Pa. R.C.P. 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant, DAVID A. MARPOE at 8 S. High Street, Newville, PA 17241 on February 9, 2011. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Z -? o 11 Abraham P zesky, Esquire Attorney f 6r Plaintiff PA ID # 209787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 MARY M. BURCHARD IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID A. MARPOE NO. 2010 - 7561 Defendant CIVIL ACTION - LAW NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association (717) 249-3166 or 800-990-9108 Date: 2 II Z v 1 ? Esquire PA ID #t209a$7 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-7561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARY M. BURCHARD Plaintiff (s) From DAVID A. MARPOE (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY AT 8 SOUTH HIGH STREET'? NEWVILLE, PENNSYLVANIA 17241. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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$5,970.00 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $38.50 Other Costs Plaintiff Paid Date: March 1, 2011 David D. Buell, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name Abraham Prozesky, Esquire Address: 674 Stover Court, Hummelstown, PA 17036 Attorney for: PLAINTIFF Telephone: 717-982-1532 Supreme Court ID No. 209787 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY AN?d -r---? CIVIL DIVISION Pik. ° PRAECIPE FOR WRIT OF EXECUTION K}r? MARY M. BURCHARD, : I Money Judgment Plaintiff ? Other vs. File No. 2010 - 7561 Amount Due $5,970.00 DAVID A. MARPOE, Interest Defendant Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: 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, for debt, interest and costs, upon the following described property of the defendant(s) Personal property at 8 South High Street Newville Pennsylvania 17241 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) 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 pendens against real estate of the defendant(s) described in the attached exhibit. Date: 1 Z?- 2 0 l r L -ff-f c?? Say. ;.?y vc [ash '?? d- Aft) 3 g • ?0 Pd ??? aL.o ) Dctt_ Co s, TO i)uel t-? , Esquire Attorney Pla PA ID # 09787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 MARY M. BURCHARD Plaintiff V. DAVID A. MARPOE Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 - 7561 CIVIL ACTION - LAW WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Lawyer Referral Service Cumberland County Bar Association (717) 249-3166 or 800-990-9108 o I Date: 2)11 Abraham4Pr e y, Esquire Attorney for aintiff PA ID # 209 7 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 MARY M. BURCHARD DAVID A. MARPOE V. Plaintiff Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 - 7561 CIVIL ACTION - LAW WRIT OF EXECUTION To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against DAVID A. MARPOE, defendant, you are hereby directed to levy upon the property of the defendant and to sell the defendant's interest therein. Amount Due $ 5,970.00 Interest from Costs to be added Prothonotary Seal of the Court By Deputy MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law MARY M. BURCHARD IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID A. MARPOE NO. 2010 - 7561 Defendant CIVIL ACTION - LAW CLAIM FOR EXEMPTION To the Sheriff of Cumberland County: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be ? (i) Set aside in kind (specify property to be set aside in kind): _ ? (ii) Paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) my $300 statutory exemption: ? in cash; ? in kind (specify property): (b) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (address) (telephone number) I verify that the statements made in this claim Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013. TEL NO: 717-240- 6449 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY al G11t?ttrrt???b Cifi THELPOTHO TARY 2011 MAR 30 AM 9: 12 CUMBERLAND COUNTY PENNSYLVANIA Mary Burchard Case Number vs. 2010-7561 David Marpoe SHERIFF'S RETURN OF SERVICE 03/29/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $193.66 (PAID BY DEFENDANT) March 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B aron R. Lantz ?0 Pet, e12 1?Ala 3Ss PO a 57 ::z_ 9:?? ?'t.rill!; liln ?h,'•'._ 1tIe;Oft. gin:; DISTRIBUTION PLAINTIFF Mary M. Burchard WRIT NO. 2010-7561 Mary M. Burchard -vs- David A. Marpoe Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 5,970.00 38.50 ,008.50 Sheriff's Costs: Docketing $ 18.00 Poundage 119.40 Law Library .50 Prothonotary 2.00 Service Mileage 12.00 Postage 1.76 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 193.66 Defendant Paid to Sheriff $ 6,202.16 Advance Costs 150.00 Total Collected $ 6,352.16 DISTRIBUTION Pd. To Pltff. $ 6,008.50 Refund of Adv. Costs 150.00 Sheriff's Costs 193.66 So Answers: R. Anderson Sheriff ;7 B efft7!1e/11-0272115M—E13? —> Dal,id A Marpoe 0142400354 Pg 2/2 MARY M. BURCHARD : IN THE COURT OF COMMON PLEAS, Plaintiff _ CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION - LAW co DAVID A. MARPOE : NO. 2010—7561 rri cz; —I- Defendant : CIVIL ACTION - LAW >CD .-"o PRAECIPE TO SATISFY JUDGMENT cz:) •• • To the Prothonotary: ("I You are hereby authorized to enter satisfaction on the record of the above stated Judgment entered on March 1,2011. Date: 6 /2 tii/ Abraham 0.0, y, Esquire Attome r Plaintiff PA II 209787 119 Galloway Lane Harrisburg, PA 17111 Tel: (717)982-1532 And To the Prothonotary: You arc hereby authorized to enter satisfaction on the record of the above stated Judgment entered on March 1,2011. Date: S /47 (11404 David A. Marpoe,Pro se Defendant 26 Independence Drive Shippensburg,PA 17257 Tel: (717)261-6703