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HomeMy WebLinkAbout12-2839COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ?el Ja- Z3? Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Byron Paul Jacobs 1295 Oyster Mill Rd Camp Hill, PA 17011 Disposition Summary Docket No Plaintiff Defendant MJ-09103-CV-0000039-2012 Byron Paul Jacobs Craig E Smiley Judgment Summary Participant Joint/Several Liability Individual Liability Byron Paul Jacobs $0.00 $0.00 Craig E Smiley $0.00 $4,129.61 Byron Paul Jacobs V. Craig E Smiley Docket No: MJ-0910 V-V00 9-26112 Case Filed: 2/13/2 p' --c mar= r n . -<> .,i ?- o? =r. Disposition Disposition Date Default Judgment for Plaintiff 03/27/2012 Amount $0.00 $4,129.61 Judgment Detail (*Post Judgment) In the matter of Byron Paul Jacobs vs. Craig E Smiley on 3/27/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,000.00 $4,000.00 Filing Fees $0.00 $129.61 $129.61 Grand Total: $4,129.61 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7 2012 °?. ,;? ? MAR 2 Date M erial DI rict Jud ichar S. Dougherty lr- a true an correct copy of the record of the proceedcontaining MAY 0 7 20 Date a> istenal Dis ic?u e 2s,old/?' 31 Cash R# a71-rz8l MDJS 315 Page 1 of 2 Printed: 03/28/2012 8:17:32AM ,'0 . ! . Byron Paul Jacobs v. Craig E Smiley Participant List Plaintiff(s) Byron Paul Jacobs 1295 Oyster Mill Rd Camp Hill, PA 17011 Defendant(s) Craig E Smiley 306 1/2 S. Front Street Wormleysburg, PA 17043-1338 Docket No.: MJ-09103-CV-0000039-2012 MDJS 315 Page 2 of 2 Printed: 03/28/2012 8:17:32AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ` _ ? Confessed Judgment ^?? ? ? a I d b t t?Plaintiff ? Other vs. File No. 2 1 - 2 3? ,' ?, q Amount Due !y/,,2 q, '% y c- _ -T Defendant Interest Address: 36& '/a S. Fear v+ S+- Atty's Comm WCrr,n kYShu./q t Rt. Costs TO THE PROTHONOTARY OF THE SAID COURT: (5 The undersigned hereby certifies that the below does not arise out of a retail installrn$nt e, or account based on a confession of judgment, but if it does, it is based on the appropriate original contract w' , proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. LL ) 1 iff th Sh t h b f C M ?X r Ain C? (aG o e er ove matter o e a Issue writ of execution in t 4 County, for debt, interest and costs, upon the following described property of the defendant (s) ,1ar-q 'Tayro4Ci v,el\ , C4 ?jGtQL? C?? 1 rv+,ecl?Gr?c 40016, (lor"lat ire'' , 1d,LtC1K-. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 Signature: Q Print Name: PwGl 4018.50 P.D PLF " al. C25 CBF Address: ?? 9 f O U S r /1 L LL?,p $ 59.75 PQ 41-as ?r: co Attorney for: Telephone: Supreme Court ID No: MD* 19_q19o17c130 ?. a?s,as 1o0 ..nn/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-2839 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BYRON PAUL JACOBS, Plaintiff (s) From CRAIG SMILEY, 306 1/2 S. Front Street, Wormleysburg, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell Saab Vehicle, Solara Toyota vehicle, mechanic tools, computer and kayak . (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 $4,129.61 L.L. S Interest Atty's Comm % Due Prothy $2.25 Atty Paid Other Costs Plaintiff Paid $59.75 Date: 5/14/12 vi 1, Prothonota (Seal) BY _ ----- Deputy REQUESTING PARTY: Name BYRON PAUL JACOBS Address: 1295 OYSTER MILL RD CAMP HILL, PA 17011 Attorney for: Telephone: 717-737-3161 Supreme Court ID No. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF? CE OF -. cc!?:F _ !t- E - tai= F IB THE PRO THONO DVFXY 2012 JUN 29 PM 3: 34 CUM6E%MN0 COUNTY Byron Paul Jacobs vs. Craig E. Smiley Case Number 2012-2839 SHERIFF'S RETURN OF SERVICE 05/21/2012 01:34 PM - Michael Barrick, Deputy, being duly sworn according to law, states that on May 21, 2012 at 1:08 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Craig E. Smiley at 306 S. Front Street, Wormleysburg Borough, Wormleysburg, PA 17043, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on May 22, 2012. 06/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned SATISFIED. SHERIFF COST: $160.64 (PAID BY DEFENDANT) SO ANSWERS, June 29, 2012 RON R ANDERSON, SHERIFF 7 G p?- ,1 77413,?-- r DISTRIBUTION PLAINTIFF Byron Paul Jacobs WRIT NO. 2012-2839 Byron Paul Jacobs -vs- Craig Smiley Real Debt $ 4,129.61 Interest Attorney's Comm. Writ Costs, Atty 59.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 4,189.36 Sheriff's Costs: Docketing $ 18.00 Poundage 82.59 Law Library Prothonotary 2.25 Service Mileage 16.00 Postage 1.80 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 160.64 Defendant Paid to Sheriff $ 4,350.00 Advance Costs 150.00 Total Collected $ 4,500.00 DISTRIBUTION Pd. To Pltff. $ 4,189.36 Refund of Adv. Costs 150.00 Sheriff's Costs 160.64 So Answers: R. Anderson riff B WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-2839 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BYRON PAUL JACOBS, Plaintiff (s) From CRAIG SMILEY, 306 1/2 S. Front Street, Wormleysburg, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell Saab Vehicle, Solara Toyota vehicle, mechanic tools, computer and kayak. (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 $4,129.61 Interest Atty's Comm % Atty Paid Plaintiff Paid $59.75 Date: 5/14/12 (Seal) L.L. $ Due Prothy $2.25 Other Costs Davi Prothonotat By: Deputy REQUESTING PARTY: Name BYRON PAUL JACOBS Address: 1295 OYSTER MILL RD CAMP HILL, PA 17011 Attorney for: Telephone: 717-737-3161 Supreme Court ID No. TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said Cou at Carlisl 20Pa. This r day of t Prothonotary