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HomeMy WebLinkAbout11-3974COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 New Cumberland Boro 1120 Market St PO Box 220 New Cumberland, PA 17070 Disposition Summary Docket No MJ-09101-CV-0000037-2011 Judgment Summary Participant John & Jeanne Kerr $0.00 $678.13 Judgment Detail (*PostJudgment) In the matter of New Cumberland Boro vs. John & Jeanne judgment was awarded as follows: Judgment Component Joint/Several Liability Civil Judgment $0.00 Costs $0.00 $678.13 Kerr on 3/04/2011 the disposition is Default Judgment for Plaintiff and Individual Liability Deposit Applied Amount $581.38 $581.38 $96.75 $96.75 Grand Total: $678.13 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF 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. 3/4/2011 Date Magisterial District Judge Charles A. Clement Jr I certify that this is a true and correct copy of the record of the proceedings co 'n' g the dgme ?' 0 4/19/2011 10 ? ? (??O' Date Magis enal District Judge Charles A. Clement Jr. .ra7.?'S-Pd 0) AP 0"K dt ays / 0 as-6-5_y7 MDJS 315 Page 1 of 1 Printed: 03/07/2011 11:47:56AM Notice of Judgment/Transcript Civil Case 0 T0>> MpR " New Cumberland Boro V. John & Jeanne Kerr Docket No: MJ-091 01 -CV-0000037-2011 Case Filed: 1/20/2011 Plaintiff Defendant New Cumberland Boro John & Jeanne Kerr Joint/Several Liability Individual Liability Disposition rcDDis&sit ate _ Default Judgment for Pla 9;4_:1: 03<04/201, Amo&nt Nd'f (' e "-a)/ed ticket No.: MJ-09101-CV-0000037-2011 Notice of Judgment/Transcript Civil Case File Copy Recipient List Addressed To: John & Jeanne Kerr (Defendant) 226 Bailey Street New Cumberland, PA 17070 New Cumberland Boro (Plaintiff) 1120 Market St PO Box 220 New Cumberland, PA 17070 _ t MDJS 315 Page 1 of 1 Printed: 03/07/2011 11:47:56AM _ ,NWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number. 09-1-01 CHARLES A. CLEMENT; JR District Justice Name: Hon. OLDE TOWNE COMMONS 400 BRIDGE STREET43 Address: NEW CUMBERLAND, PA. #17070 Telephone: ( 717 ) 774-5989 CIVIL COMPLAINT PLAINTIFF: NAME and.ADDRESS rNew.Cumberland Borough 1120 Market Street P.O. Box 220 New Cumberland; Pa. 17070 PHONE 774-0404 VS. DEFENDANT: NAME and ADDRESS F-John 5 Jeanne Kerr .226 Bailey Street New Cumberland, Pa. 17070' PHONE Docket No.: CV-0000037-11 .t Date Filed: 1/20/2011 AMOUNT DATE PAID FILING COSTS $ 86.50 1 124/ 11 SERVING COSTS $ 1() 95 1/ 2 i /_ i:_ TOTAL I I 4 4, TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for `: 581.38 together with costs . upon the following claim (Civil fines must include citation of the statute or ordinance violated): For past due sewer and trash bills dated 8/10.5 11/10 for property at: 226 Bailey S Treet, New Cumberland, Pa. 17070 1, Linda Tappan, Treasurer verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. Plaintiff's Attorney: -Andrew.Sheel y Telephone: ( 717 ) 697-7050 -,..? C+U (Signature PlairMft or orized Agent) Address: 127 S. Market St. P.O. Box 95 Mechanicsburg, Pa. 17055 IF YOU INTEND TO ENTER. A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE. ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the piaintrff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from. this office as to the procedures you may follow. if you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A (12-1-98) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION NEW CUMBERLAND BORO, Plaintiff VS. JOHN & JEANNE KERR, Defendants ? Confessed judgment : ? Other : File No. 2011 -y : Amount Due $678.13 : Interest 6% from 03/04/2011 Attorney'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 1996 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue a Writ of Execution in the above-matter to the Sheriff of Cumberland County, for debt, interests and costs, upon the following described property of Defendant (s): Any and all electronic equipment, motor vehicle(s), personal property, cash and other contents of the Defendant located at 22 6 Bailey Street, New Cumberland, Pennsylvania, 17070. C. Date: 2011 Andrew C. Sheely, squire s-- PA ID 62469 127 S. Market Street P.O. Box 95 a ?r, Mechanicsburg, PA 17055 717-697-7050 ? (JI 717-697-7065 (fax) grly. 6 6 Pd alt ? ? rl p l- 19/ d.,3o P L 5?,?6 ewe C? ? Sv due LL WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3974 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND BORO Plaintiff (s) From John & Jeanne Kerr, 226 Bailey Street, New Cumberland, PA 17010 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all electronic equipment, motor vehicle(s), personal porperty, cash and other contents of the Defendant located at 226 Bailey Street, New Cumberland, Pennsylvania 17070. (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$678.13 L.L..50 Interest 6% from 03/04/2011 Atty's Comm % Due Prothy $2.00 Atty Paid $2.50 Other Costs Plaintiff Paid $51.25 Date: April 29, 2011 Lk e David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Andrew C. Sheely, Esq. Address: 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 Attorney for: PLAINTIFF Telephone: 717- 697- 7050 Supreme Court ID No. 62469 -ft Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ie4w?,%r of C1N11brjt't4A 3HIF P (7TH1rit;: 1 JUN 13 AM 10: 2 New Cumberland Boro vs. John M Kerr (et al.) Case Number 2011-3974 SHERIFF'S RETURN OF SERVICE 05/06/2011 11:35 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2011 at 1115 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: John M. Kerr making known unto John Kerr II, Adult in Charge (son of defendant), at 226 Bailey Street, New Cumberland, Cumberland County, Pennsylvania 17070 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 05-10-11. 05/06/2011 11:35 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2011 at 1115 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Jeanne Kerr making known unto John Kerr 11, Adult in Charge (son of defendant), at 226 Bailey Street, New Cumberland, Cumberland County, Pennsylvania 17070 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 05-10-11. 06/10/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $103.70 (PAID BY DEFENDANT) June 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF /n 13 Sharon R. Lantz a -ov f V'c. Cc I , t-&i lloy. 2-4ay33 jc1 -Crk0tySilte Sherdf. Teleccuft . L c DISTRIBUTION PLAINTIFF New Cumberland Boro WRIT NO. 2011-3974 New Cumberland Boro -vs- John & Jeanne Kerr Real Debt $ 678.13 Interest J I daily from 03-04-11 to 05-12-11 7.70 Attorney's Comm. Writ Costs, Atty 53.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 739.58 Sheriff's Costs: Docketing $ 18.00 Poundage 13.56 Law Library .50 Prothonotary 2.00 Service Mileage 17.00 Postage 2.64 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee Levy 20.00 TOTAL $ 103.70 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs 739.58 150.00 103.70 $ 843.28 150.00 $ 993.28 So Answers: R. Anderson riff B Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BOROUGH OF NEW CUMBERLAND, Plaintiff JOHN & JEANNE KERB, Defendants PUMBERLAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11-3974 CIVIL ACTION -LAW PRAECIPE TO SATISFY SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-captioned matter settled, satisfied and discontinued. fit/ V Date: June 0 , 2011 - Andrew C. Sheely, Solicitor Borough of New Cumberland, Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax)