HomeMy WebLinkAbout01-3572COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CU~BERI~I-D
Mag. Dist NO,:
09-1-01
DJ Name: Hon,
CHARLES A. CLEMENT, ~R.
Address: 1106 CARLISLE ROAD
CAMP HILL, PA
Telephone: (717) 761-4940 17011
ATTORNEY FOR PLAII~IFF :
METZGER, WICKERSHAM
P.O. BOX 5300
HARRISBURG, PA 17110-0030
NOTICE OF JUDGMENT/TRANSCRIPT
ClVIL CASE
PLAINTIFF: NAMEandADDRESS
rHEMPT BROS.
205 CREEK ROAD
CAMP HILL, PA 17011
VS.
DEFENDANT: NAME and ADDRESS
rMCCREARY, BRETT/CHERYL
1401 MAIN ST.
LISBURN
~ECHANICSBURG, PA 17055
Docket No.: CV- 0000171- 01
Date Filed: 3/16/01
J
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
]Judgment was against: (Name)
entered
DEFAULT OUU~MRNT PLTF
w'map~ ~ROB,
M~RRARV, RER~/CRRRYT,
in the amount of $
2,47R.2R on:
(Date of Judgment)
4/2o/01
] Defendants are jointly and severally liable.
] Damages will be assessed on:
E~ This case dismissed without prejudice.
E~] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
[] Levy is stayed for days or [] generally stayed.
~--~ Objection has been filed and will be held:
to
levy
hearing
Date: Place:
(Date & Time)
Amount of Judgment $ 2,406.25
Judgment Costs $ 70. O0
Interest on Judgment $ . O0
Attorney Fees $ . O0
Total $ 2,476.25
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
AOPC 315-99
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT4~Y FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, Cl~L DIVISION.' Y~OU '
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR,~T FORM WITH YOU~ N~TICE OF A~PEAL.
4/20/2001 Date * . ,,' ,, ~ ' .LDist[[ct Justice
I certify that this is a true a.~d,,cor,,rect copy of th~creco~"~t,~e proceedi_~.~__c~,n~/ng the juSg.,m, ent
/ ' .,. . ' :
(~Af,. /~/ ~, '(.~.-~L4 ~-~- . ' District Justice
My commission expires first Monday of January, 2002 ~' SEAL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, 1NC.
Plaintiff
VS.
BRETT MCCI~EARY and
CHERYL MCCLEARY,
~ Defendants
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against, BRETT MCCLEARY and CHERYL MCCLEARY,
Defendant(s);
(3) and against WAYPOINT BANK
Garnishee(s);
(4)
and index this writ
(a) against, BRETT MCC,EEARY and CHERYL MCC]~EARY, Defendants and
(b) against WAYPOINT BANK
Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as
follows: (Specifically describe property)****ADDRESS - 1401 Main Street - Lisbum,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
ALL PERSONAL PROPERTY OF ANY NATURE LOCATED WITHIN THE
HOUSEHOLD / BUSINESS OR IMMEDIATE VICINITY OF THE
DEFENDANT(S) ADDRESS AND ALL OTHER PERSONAL PROPERTY
WITHIN THE DOMINION AND CONTROL OF THE DEFENDANT(S)
WHEREVER IT IS LOCATED SHALL BE SUBJECT TO THE LEVY.
(5) Amoum due
Interest from
Attorney's/Commission
Filing co/gts
Dat eX~J ~
$ 2,476.25
Sto be detemfined
Sto be ~etermined
Stob~ detemfined
"~ Steven C. C'5urtn&>t, Esquire
Attorney ID # 74669
Document #: 198487 l
HEMPT BROTHERS INC.
Plaintiff
VS.
BRETT MCCLEARY and
CHERYL MCCLEARY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
ENTRY OF APPEARANCE
Please enter the Appearance of Steven C. Courtney, Esquire, as counsel for Plaintiff in
the above captioned action.
Date:~June 2001
Respectfully Submitted,
METZGER, WICKERSHAM, ~SS & ERB, P.C.
By
P.O. Box 5300-........~ J
Harrisburg, PA 1711071YJ00
(717) 238-8187
Attorneys for Plaintiff
Document il.. 207785 1
Document #: 207785.1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, INC. No. 01-3572
Plaintiff
VS.
BRETT MCCLEARY and
CHERYL MCCLEARY,
Defendants
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the above referenced Judgment as satisfied in full.
Dated: ~2001
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By~
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attomeys for Plaintiff
Document #: 209940.1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, INC.
Plaintiff
VS.
BRETT MCCLEARY and
CHERYL MCCLEARY,
Defendants
No. 01-3572
CIVIL ACTION - LAW
PRAECIPE TO DISSOLVE ATTACHMENT
To the Prothonotary:
Please dissolve the attachment that was made in the above captioned matter as a result
of the filing of a writ of execution and the subsequent levy that was made on Defendant's
accounts at Waypoint Bank.
Dated: 14 September 2001
METZGER. WIC~SS & ERB, P.C.
By ~~~ven s(~mre
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238~8187
Document #: 213082.1
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.63
Advertising
Law Library .50
Prothonotary 1.00
Mileage t}: ~(}
Misc.
Surcharge 30. O0
Levy ~0.00
Post Pone Sale
Garnishee 9.00
Advance Costs: 150.00
Sheriff's Costs: 10[~. 65
Refunded to Atty on 7 / 15/02
Sworn and Subscribed to before me
this 6~ day of~.~,~
2002 A.D. (~,t,, (~'-)' ~' ~, ~ '
protholaotary
So Answers;
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF ._~umberland _ _ _ COUNTY:
To satisfy lhe debt, interest and costs due Hempt. BrothersLTnC. __
trom_Brett McCreary and Cheryl McCreary
NO 01-3572 CIVIL l~x~ TEF~
CIVIL ACTION - LAW
.... PLAINTIFF(S)
1401 Main Street, Machanicsburg, PA 17055
DEFENDANT(S)
(1) You are directedtolevyuponthe properlyofthedelendant(s) andto sell All personal property
of any nature located within the household/business or i~nediate vicinity of the
defendant(s) address and all other pereenal property within the dcminion and control
of the defendant(s) wherever it is located shall be sub%ect to the levy.
(2) You are also directedto a~achthe p~pedyofthedefendant(s) notlevied uponinthe possession of__
Wavooint Bank, 17 West High Street, Carlisle, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing
t hereof;
(3) If propedy 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 direcled to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $2,476.25
Interest
Atty's Comm _ %
Arty Paid S31.75
Plaintiff Paid
L.L. _ .... $.50
Due Pr0thy $1.00
Other Costs
Date: June 8, 2001
Attorney for:
Telephone:
Supreme Court ID No.
REQUESTING PARTY:
Name Steven C. Courtney, Esq.
Address: P.O.ROx 5300
Harrisburg, PA 17110-0300
Plaintiff
717-238-8187
74669
Curtis R. Long
Prothonotary, Civil Division
bY.L~L
Deputy
;RIT OF EXECUTION and/or ATTACHMENT
.VANIA)
9D.d COUNTY:
t and costs due Hempt Brothers, Inc.
NO. 01-3577 CIVIL i]lt[X
CIVIL ACTION - LAW
PLAINTIFF(S)
1401 Main Street, Mechanicsburg, PA 17055
DEFENDANT(S)
'y upon the properly of the delendant(s) and to sell All personal property
. within the household/business or i~mediate vicinity of the
and all other personal Droperty within the dominion and control
herever it is located shall be subject to the levy.
) attach the properly of the defendant(s) not levied upon in the possession of __
West High Street, Carlisle, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or tor 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 lo notify him/he r that he/she ha s been added as a garnishee and is enjoined as above
stated.
Amount Due $2,476.25
Interest
Atty's Corem %
Atty Paid $31.75
Plaintiff Paid
L.L. $, 50
Due Prothy $1.00
Other Costs
Date: J,,ne 8, 2001
REQUESTING PARTY:
Name
Address:
Attorney for:
Telephone:
Supreme Court ID No.
Steven C. Courtney, Esq.
P.O.Box 5300
Harrisburg, PA 17110-0300
Plaintiff
717-238-8187
74669
Curtis R. Long
Prothonotary, Civil Division
Deputy
R. Thomas Kline, Sher/ff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months~
Sheriff's Costs:
Docketing 18.00
Poundage 1.63
Advertising
Law Library .50
Prothonotary 1.00
Mileage .~.: 80
Misc.
Surcharge' 30.00
Levy k0,00
Post Pone Sale
Garnishee 9.00
Advance Costs: 150.00
Sheriff's Costs: 108.85
Z~3'_ 37
Refunded to Atty on 7 / 15 / 02
Sworn and Subscribed to before me
this __ day of
2002 A.D.
prothonotary
So Answers;
R. Thomas Kline, Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, INC
Plaintiff
No. or-
CIVIL ACTION - LAW
VS.
BRETT M~L~AR¥ and
CHERYL MCC-'LI~ARY Aq~-O"a~
Defendants
INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION
TO: Waypoint Bank
17 West High Street
Carlisle, PA 17013
PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE
FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION.
GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING
INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE
FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO
SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S).
IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty
(20) days after service upon you. Failure to do so may result in judgment against you.
B. The term "Defendant(s)" means the individual(s) or entity against whom the
Writ of Execution was issued.
C. ;'You" means the main office and all branch offices, representatives, employees,
and agents of Waypoint Bank.
D. By service of the Writ of Execution upon you, all property of the Defendant(s)
subject to attaehment which is in your possession, custody or control is attached, including all
property of the Defendant(s) which comes into your possession thereafter.
E. These Interrogatories are considered to be continuing and therefore should be
modified or supplemented as you receive further or additional information.
F. Where exact information cannot be furnished, estimated information is to be
supplied. When an estimate is to be used, it should be identified as such, and an explanation
should be given as to the basis on which the estimate is made, and the reason the exact
information cannot be furnished.
G. Where knowledge or information in possession of a party is requested, such
request includes knowledge of the party's agents, representatives, and attorneys.
Document #.- 207820.1
PLAINTIFF'S INTERROGATORIES TO GARNISHEE
DEFENDANT -BRETT MCCLEARY and CHERYL MCCLEARTY
Checking account #1800026502 Brett's
1. DEPOSITORY ACCOUNTS: At the time you were served or at any
subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines
of credit, certificate of deposit's or other depository accounts with your institution. If so, state
the identification numbers of those accounts, and the amount or amounts the Defendant(s) has
in each account. If the Defendant(s) maintains any of these jointly with any other person, or
persons, give their name and address. --
Checking Account 1800026502 with a negative $183.27 balance.
lA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed
above direct deposit accounts? If yes, please state the identification numbers of those accounts.
Not to my knowledge or understanding.
2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent
time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so,
include the identification number or other designation of the box or boxes. Include a full
description of the contents and also the amount of cash among those contents. If the
Defendant(s) maintains any of these jointly with any other person or persons give their full
name and address.
Not to my knowledge or understanding.
Document #: 207820. I
3. PERSONAL PROPERTY: At the time you were served or at any subsequent
time, state whether or not Defendant(s) owns any personal property that was in your
possession and/or control. If so, include a full description of all personal property giving full
value and present location. State also whether or not there are any encumbrances or liens
holders, the present balance of the encumbrance. State where and when the encumbrances or
liens were recorded. If the Defendant(s) owns any personal property jointly with any person or
persons, give names and address.
Not to my knowledge or understanding.
4. OTHER ASSETS: At the time you were served or at any subsequent time, did
you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in
the preceding Interrogatories. If so, please set forth all details concerning those asset.
Not to my knowledge or understanding.
5. PROPERTY: At the time you were served or at any subsequent time, was
there in your possession, custody, or control or in the joining possession, custody, or control
of yourself and one or more other persons any property of any nature owned solely or in part
by any Defendant(s)? If so, please describe for each Defendant each item of property including
its value.
Not to my knowledge or understanding
Document #: 207820. I
6. REAL PROPERTY: At the time you were served or at any subsequent time,
did you hold legal, or equitable title to any property of any nature owned solely or in part by
the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for
each Defendant each item of property including its value and the interest held by the
Defendant(s).
Not to my knowledge or understanding
7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at
any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had
an interest? If so, please describe for each Defendant(s) the nature of the property including its
value and the interest of Defendant(s).
Not to my knowledge or understanding
8. TRANSFER OF PROPERTY: At any time before or after you were served,
did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant
to your direction or consent If so, for each Defendant(s) describe the property transferred or
delivered including the dates of delivery or transfer and state the consideration paid.
Not to my knowledge or understanding
Dated:
METZGER, WICKERSHA~, KNAUSS & ERB, P.C.
Attorney I.D. No. 74669
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 207820. I