HomeMy WebLinkAbout12-5096
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C~~BF~l.ANO CQUNTY
P~I~YL~~l~IA
BOROUGH OF WORMLEYSBURG IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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v. No. cv-ooooo9s-zo 12
Carol D. Frank
Defendant :CIVIL ACTION -LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment against the Defendant, Carol D. Frank for the amount of
$1,632.70 in the above-captioned matter.
Date:
Gary W. Berres or
Wormleysburg Borough Manager
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COMMONWEALTH OF PENNSYLVANIA Notice of JudgmentiTransciri t Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-o9-1-02 Borough Of Wormleysburg
MDJ Name: Honorable Elizabeth S. Beckley V,
Address: 1901 State Street Carol D Frank
Camp Hill, PA 17011
Telephone: 717-761-0583
Borough Of Wormleysburg Docket No: MJ-09102-CV-00000 8-2012
20 Market Street Case Filed: 5/16/2012
Wormleysburg, PA 17043
Disposition Summary.
Docket No Plaintiff Defendant Qjj~Qn
MJ-09102-CV-0000098-2012 Borough Of Wormleysburg Carol D Frank Default Judgment for Plaintiff 06/28/2012
Judgment Summary
Participant JoirrtlSeveral Liability Individual Liability
Borough Of Wormleysburg $0.00 $0.00 $0. 0
Carol D Frank $0.00 $1,632.70 $1,632. 0
Judgment Detail (*PostJudgment)
In the matter of Borough Of Wormleysburg vs. Carol D Frank on 6/28!2012 the judgment was awarded as follows:
Judc~ent Cornponent JoinUSeverai Liability Individual Lability Deposit Applied
Civil Judgment $0.00 $1,545.20 $1,545. 0
Filing Fees $0.00 $87.50 $87. 0
Grand Total: $1,632. 0
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF A PEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A CbPY 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 JWDGES, IF TH JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COM 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 FU L, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. (`/~'~~`1
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Date Elizabeth S. Beckley
ce i a is is a rue an correct copy o e recur o e pro ings co arcing e ~ gmen .
Date isle ' Dis pct Judge
MDJS 315 Page 1 of 2 Printed: 06/28/201 2:16:16PM
T _ _ _ _ ~
Borough Of Wormleysburg Docket No.: MJ-09102-CV-000098-2012
v.
Carol D Frank
Participant List
Plaintiff(s)
Borough Of Wormleysburg
20 Market Street
Wormleysburg, PA 17043
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Defendant(s) ~ ~
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Carol D Frank ~ r
560 Old Orchard Ln ~
Camp Hill, PA 17011 ~
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MDJS 315 Page 2 of 2 Printed: 06/28/201 2:16:16PM
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Borough of Wormleysburg, IN-THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVA IA
Plaintiff S~ CiUi~
v. NO. CV-0000098-2012
Carol D. Frank CIVIL ACTION -LAW
NOTICE OF FILING JUDGMENT
TO: Carol D. Frank
You are hereby notified that on June 28, 2012 the following judgment has been entered
against you in the above-captioned case.
$1,632.70 plus interest co
Date: SS' 14 l ~
Pro otary
I hereby certify that the names and addresses of the proper person to receive this notice e as
follows:
Defendants
Carol D. Frank
560 Old Orchard Lane
Camp Hill, PA 17011
Creditor/Plaintiff:
Borough of Wormleysburg
20 Market Street
Wormleysburg, PA 17043-1396
I hereby certify that the precise address as to Plaintiff and last known address as to Def ndant
are correct as set forth above.
Gary W. Berresfo d
Wormleysburg Borough Manger
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N012-5096 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s)
From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011
(l )You are directed to lery upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD
LANE, CAMP HILL, PA 17011 .
(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$1,632.70
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
(Sean
L.L. $
Due Prothy $2.25
Other Costs
avid D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
Telephone:
Supreme Court ID No.
Borqugh of Wormleysburg
Plaintiff
v.
Carol D. Frank
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA2
NO. 12_5096
CIVIL ACTION
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(PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
(1) Issue writ of execution in the above matter, directed to the Sheriff of
Pennsylvania:
(2) Against ~a rn 7 n _ Frank ,Defendant:
(3) And against N/A ,Garnishee(s):
(4) And index this writ
(A) Against ~arnl D Fr ank ,Defendant
(B) Against NIA (Garnishee(s)
As a lis pendens against real properly of the defendant(§) in the name of the garnishees} as follows
describe property)
Any and all personal property of the Defendants, C a r fl T ~ Frank , of ~' ~ 6
Old Orchard Lane Pennsylvania 1701.1
amp Hi , PA 17011
(5) Amount due $1 , 632.70
Interest from to $
@ 6%
Total $ 1 , 6 3 2.7 0 plus All Costs in Offices
Of Prothonotary & Sheriff
Dated: Aâ Tâ s~ 2 2 , 2 012
Plaintiff
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 103(6), the
county should be indicated.
Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of th county in
which issued.
Paragraph (3) shave should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, ' desired as
authorized by Rule 3104(a). When the writ issues to another county indexing is required as of coursc in that county by
the prothonotary. Sce Rule 3014(6).
Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached d indexing
as a lis pendens ' wired. See Rule 3104(c).
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Borough of Wormleysburg
Plaintii~
v.
Carol D. Frank
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN
NO. 12-5096
CIVIL ACTION
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
(1) $300.00 statutory exemption
(2) Bibles, school books, sewing machines, uniforms and equipment
(3) Most wages and unemployment compensation
(4} Social Security benefits
(5) Certain retirement funds and accounts
(6) Certain veteran and armed forces benefits
(7) Certain insurance proceeds
(8) Such other exemptions as may be provided by law
CLAIM FOR EXEMPTION
TO THE SHERIFF:
1. The above-named defendant claims exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon:
(a) I desire that my $300.00 statutory exemption be:
[ ] I. Set aside in kind (specify property to be set aside in kind):
[ ] II. Paid in cash following the sale of the property levied upon; or
[ ] III. I claim the following exemption (specify property and basis of
(2) From my property which is in the possession of a third party, I claim the following
(a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property):
(b) Social Security benefits on deposit in the amount of $
(c) Other (specify amount and basis of exemption):
I request a prompt court hearing to determine the exemption. Notice of the hearing
given to me at:
Address
Telephone Number
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §490
to unsworn falsification to authorities.
Date:
Defendant:
be
G relating
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY.
Borough of Wormleysburg
Plaintiff
v.
Carol D. Frank
Defendants
_ -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-5096
CIVIL ACTION
WRIT OF EXECUTION -NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment against
It may cause your property to be held or taken to pay the judgment. You may have rights to prey
your property from being taken. A lawyer can advise you more specifically of these rights. If yon
wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be exem t.
'There is a debtor's exemption of X300.00. There are other exemptions which may be applicable o
you. Attached is a summary of some of the major exemptions. You may have other exemptions or
other rights.
If you have an exemption, you should do the following:
(a) Fill out the claim form and demand a prompt hearing.
(b) Deliver the form or mail it to the Sheriffs Office at the address noted.
You should come to the court ready to explain your exemption. If you do not
come to court and prove your exemption, you may lose some of your property.
This and any future communication from our debt collection firm are attempts to coile~t a
debt and information obtained will be used for that purpose.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT AA A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
{800)990-9108
(717) 249-3166
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ` ' ~~' ,
Jody S Smith ~-&~ ~'''~~ ~~ ~ _-
Chief Deputy =~ ~ `~
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Richard W Stewart ~
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Solicitor -- ~ ~ t~s
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Borough of Wormleysburg ~' '
vs.
Case Number .
Carol D Frank 2012-5096
SHERIFF'S RETURN OF SERVICE
10/03/2012 05:00 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be JAMES
MOSE-HUSBAND, who accepted as "Adult Person in Charge" for the within named Defendant, to wit:
Carol D Frank at 560 Old Orchard Lane, Wormleysburg Borough, Camp Hill, PA 17011, informed person
of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and
letter mailed to defendant on 10-05-12.
11/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned
SATISFIED.
SHERIFF COST: $109.70 (PAID BY DEFENDANT)
November 26, 2012
SO ANSWERS,
~"
RON R ANDERSON, SHERIFF
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DIS tRIBUTION
PLAINTIFF Borough of Wormleysburg
WRIT NO. 2012-5096
Borough of Wormleysburg
Vs
Carol D. Frank
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 1,632.70
59.75
$ 1,692.45
Sheriff s Costs:
Docketing $ 18.00
Poundage 32.65
Law Library
Prothonotary 2.25
Service Mileage 15.00
Postage 1.80
Advertising
Garnishee
Postpone Sale
Bad Check Charge
Surcharge 20.00
Levy 20.00
TOTAL $ 109.70
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff. $
Refund of Adv. Costs
Sheriff's Costs
1,692.45
150.00
109.70
$ 1,802.15
150.00
$ 1,952.15
So Answ s:
R .Anderson
S ff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-5096 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s)
From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011
(1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD
LANE, CAMP HILL, PA 17011 .
(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$1,632.70
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
(Seal)
L.L. $
Due Prothy $2.25
Other Costs
David D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
Telephone:
Supreme Court ID No.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said ~ Carlisle, Pa.
This _~, day d 20 (~_
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