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)