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Home My WebLink About02-0497COMMONWEALTH OF PENNSYLVANIA, t SS. COUNTY OF FRANKLIN I, hinda L. Beard, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the ecord of the case therein stated, wherein . $ ~:.~1~ ~ ~..ALtl;P..~t~[.e.~ ~... · .Ip.q: ,..a..P..ep.n.s.~.ly.a.n..i.~..c.o..rpp. r.s..t.t.o.n., ............................... Plaintiff, and . .N.a.t. ~p.n.w..~.d.e..I..n.s.u.r.a..n.c.e..C. 9.m~.a..n.5..e.s' ;..a.n.d...B.r.~a..n..S.h.~.y.e.s, · .~ .i..~.~.i.v.i..d.~. ~ ...................................................... Defendant, so full amd entire as the same remains of record before the said Court, as No. A.~ 199.2~20341 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this .. ~/.2./. 2..0.0.2. ................. I ....... J...o.h.n..R.:..~.a. 1..k..~.r. ..................... President Judge of the Court of Common Pleas of the gOth Judicial District, Franklin County Branch, do certify that Linda L. Beard, Prothonotary, by whom the annexed record, certificate and attestation were made and given, and who, in her own proper handwriting, thereunto subscribed her name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotaryin and for said Countyin the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and I, Linda L. Beard, Prothonotary of the Court of Common Pleas of the gOth Judicial District, Franklin County' Branch, do hereby certify' that the Honorable .......... .J.o.h.n...R....~...a.l.k.e..r ................... bywhom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of making thereof and still ks President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to allwhose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this .... .2.n.d. ..... day of .... J.a..n.u.a.r..y ...... A.D.Iqlfll} .2..0.0.2 IN THE COURT OF COMMON PLEA8 OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKUN COUNTY BRANCH Stake'sAuto Sales, Inc., a Pennsylvania corporation, Plaintiff' Vo Nati. o)w~de Insurance Companies; andH3rian Shires, an individual, Defendants PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT CMl Action - Law o - Y q No. AD 1999- 20541 -.'-~ To the Prothonotary: Please enter judgment in ~avor of plaintS, Stake's Auto Sales, Inc., and against defendant Brian Shires, ~or want of an answer in wfihln case, In the amount of $10,774.15, in accordance with the at,davit of pleintltf annexed hereto. The Notice of Praeclpe to Enter Judgment by Default pursuant to Pa. R. C. P. 237.7 was sewed upon defendant Brian Shives by first class mail on January 29, 2000, as set forth in my cert~cation of service of same, previously filed with the Court. Copies of the within Praecipe ware sewed by me on this date by first class mall to defendant, Brian Shires, at 546 Second Street, Chambersburg, PA 17201, and also to John J. McNatly, Esq.,'P.O. Box 650, Hershey, PA 17033-0650. Dated: March 14, 2000 S~l,)ren/le Court I.D._No. 38262 Attom~ty ~r Plaintiff P.O. Box 83 Orrstown, PA 17244 (717) 532-4832 PYS510 f999-20541 ,'Reference No..: Case TYPe ..... : COMPLAINT ~u~gme~.,...~ ~uage AssAgnea: WALKER JOHI~0R .0 mlsposed Desc.: ............ Case Comments ............. Franklin County ProthQnotary's Office Page civil case Inquiry STAKES AUTO SALES INC (vs) NATIONWIDE INSURANCE COMPANIES Filed ........ : 10/01/1999 Time.., ...... : 4.15 ExecutlQn Date 0/00/0600 ~ury Trla%.:.. u~sposed uane. 0/00/0000 ~igDer ~rt 1.: migner crt 2.: General Index Attorney Info STAKES AUTO SALES INC PLAINTIFF MACALUSO JOSEPH A 4010 LINCOLN WAY EAST FAYETTEVILLE PA 17222 NATIONWIDE INSURANCE COMPANIES DEFENDANT DURKIN KAREN ONE NATIONWIDE PLAZA COLUMBUS OH 43215 2220 SHIVES ERIAN ~,~L~ ,pEFENDANT Judgment Index Amount Date Desc SHIVES BRIA.N 10,774.15 3~14~2000 JUDGMENT SHIVES BRIg2q' 11,478 47 11~09~2000 WRIT OF EXECUTION SHIVES BRIg2~' 12,559 11 7/20/2001 WRIT OF EXECUTION * Date Entries , ............. FIRST ENTRY .............. lO/Ol/1999 CO~PLAINT IN CIVIL ACTION FILED. CO~PLAINT REINSTATED. 11/22/1999 ENTRY OF APPEA.R32q'CE ON BEH. ALF O~ DEFENDANT NATIONWIDE INSURhNCE COMPANY WITH COPY FILED. 2/08/2000 IN RESPONSE TO THE I~W SUIT BY BRIAN SHIVES FILED. 3/14/2000 CERTIFICATE OF SERVICE FILED. 3/14/2ooo PR~ECIPE FOR ENTRY OF DEFAULT ,XmG~ENT AGAINST ~RIAN SHIRES, DEFENDANT IN THE AMOUNT OF $10,774.15 FILED. 3/14/2000 ................................................................... NOTICE OF ENTRY OF JUDGMENT SENT TO DEFE~ANT(S). 3/14/2000 AFFIDAVIT OF NON ~ILIT~Y SERVICE FILED. 11/09/2000 ................................................................... PR~ECIPE FOR WRIT OF EXECUTION (~ONEY JUDGMENT) FILED. 11/0~/2000 ................................................................... WRIT ISSUED ON BRIAN SHIVES IN THE _~uMOUNT OF $11,478.47 WITH COPY SENT TO THE SHERIFF FOR SERVICE. 12/2s/2ooo ................................................................... SHERIFF'S RETURN: CO~PLAINT RETURNED UN'ABLE TO LOCATE THE DEFENDANT BRIAN SHIVES. 7/20/2001 ................................................................... PR.AECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) FILED. 7/2o/2ool ................................................................... WRIT ISSUED IN THE AMOUNT OF $12,559.11 AGAINST BRIAN SHIVES AND SENT TO THE SHERIFF FOR SERVICE. 10/22/2001 ................................................................... SHERIFF'S RETURN: WRIT OF EXECUTION RETURNED UNABLE TO LOCATE DEFENDANT BRIAN SHIVES. .............. LAST ENTRY .............. * Escrow Information , PYS510 Franklin CQunty ProthQnotary's Office Page , ~ivi± Case Inquiry f999-20541 STAKES AUTO SALES INC (¥s) NATIONWIDE INSUR3kNCE COMPANIES -Reference No..: Filed ........ : 10/01/1999 Case TYPe ..... : COMPLAINT Time ......... : 4:15 ~u~gme~., ..... 00 Execu~iQn~Date 0/00/0000 ~uage ~slgned: WALKER JOHN R Jury ~r%a± ...... Dmsposed Desc.: ~mspose~ Date. 0/00/0000 ............ Case Comments ............. Migner urt t.: · Hi~her Crt 2 · · Fees & Debits Be~ Bal Pvmts/Adj End Bal '' TAX ON CMPLT .50 DISC 5.00 5 COMPLAINT/ JCP 5.00 5 EXEMPLIFICATION 10.00 10 COMPLAINT FILED 35.00 35 JUDG/QEFAULT 9.00 9 WRIT OF EXEC 15.00 15 WRIT OF EXEC 15.00 15 COPIER COST 2.00 2 50 .00 00 .00 00 .00 00 .00 00 .00 00 .00 00 .00 00 .00 00 .00 * End of Case Information , ~ t[~e ~ecm:~ ~m~ ~]~:oce~ enrolled in the Court of Common Pleas in and for the County of Franklin in the Commonwealth of Pennsylvania, to No .... A.,.D ..... , . is contained the following: COPY OF ...... .A...D.:..1.9.9. ?.-.2. Q.5.~.1. ..............DOCKET ENTITY Stake's Auto Sales, Inc., a Pennsylvania corporation, Plaintiff VS. Nationwide Insurance Companies; and Brian Shives, an individual, Defendant See Attached Copies I~ORd ,I.b~IH~.LNI ~I'VLL'OI$ O00~/VI/[ 666I 'G'V ~lq &O elU~AIISUU~ o~nv SiitlH,LNIit X~tablI ,LIXliitIAIO(IIII' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Stake's Auto Sales, Inc., a Pennsylvania corporation, Plaintiff Civil Action - Law Nationwide Insurance Companies; and Brian Shives, an individual, Defendants To: Curtis Long, Cumberland County Prothonotary - ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) To: Thomas Kline, Cumberland County Sheriff, Cumberland County, Penna.; (2) against Brian Shives, defendant Address of defendant (s): 351 Farmington Drive, Shippensburg, PA 17257 (3) and against , Garnishee (s); Address of Garnishee (s) ., (4) and index this writ (a) against Bdan ShiveS, Defendant ('s); and The Sheriff is directed to levy upon the property of the defendant (s) and to sell his, her (or their) interest therein. (Specifically descdbe property - Real and/or Personal): Any and all personal property of defendant Brian Shives located at 351 Farmington Ddve, Shippensburg, PA 17257. as a lis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) (b) against , Garnishee (s). (5) Dated: Judgment Amount due Interest at 12 % from March 3, 2000 Total January 28, 2002 $10,774.15 $ 2,464.64 $13,238.79 Plus costs Orrstown, PA 17244 (717) 532-4832 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-497 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due STAKE'S AUTO SALES, INC PLANTIFF(S) From BRIAN SHIVES 351 FARMINGTON DRIVE, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant(s) and to sell ANY AND ALL PERSONAL PROPERTY OF DEFENDANT BRIAN SHIVES LOCATED AT 351 FARMINGTON DRIVE, SHIPPENSBURG, PA 17257 (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 garmshee(s) is/are 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 $10,774.15 L.L.$0.50 Interest 12 % FROM MARCH 3,2000 $2,464.64 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $129.00 Plaintiff Paid Date: January 29, 2002 REQUESTING PARTY: Name: Joseph A. Macaluso Address: P. O. Box 83 Orrstown, Pa. 17244 CURTIS R. LONG Prothonotary, Civil Division Attorney for: Plff Telephone: (717) 532-4832 Supreme Court ID No. 38262 R. Thomas Kline, Sheriff, who being duly sworn aecordin~ to law, states this writ is returned STAYED., Afl PER ATTORNEY -THIS DATE, DEFENDANT LONGER RESIDING IN CUMBERLAND COUNTY. Sheriff's Costs: Docketing $ 18.00 Poundage 1.06 Advertising Law Library .50 Prothonotary 1.00 Mileage 13.80 Misc. Surcharge 2 0.0 0 Post Pone Sale Garnishee 54.36 Advance Costs: $ 150.00 Sheriffs Costs: ,, 54.36 95.64 Refunded to Atty on 2/11/02 IS NO SWorn and Subscribed to before me So Ans~ers.;~ ...~ ~ This 2 ~ ~day of .~f.~J,.~, .... ~ '~ 2002 A.D. ~,~.. /? ~/~,/~ R. Thomas Kline, Sheriff