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HomeMy WebLinkAbout12-5096 _ _ I i `~:s' F ~T~H4N flTA~Y 2012 AU6 16 PM 2~ 32 C~~BF~l.ANO CQUNTY P~I~YL~~l~IA BOROUGH OF WORMLEYSBURG IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~tra.5v°t~ C~v~l 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 aW~~ %T5 N" ~ ~ ~ y33 ~.~a ~ ~.d ~6h G F~~ _ _T _ - 1 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 ,ihb of P,. F. ~ 7V,(` et \r~ E[`~~ ~ ~ o` _--`A~, ~"'4ipµir~~~ 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 4:, Defendant(s) ~ ~ ~ Carol D Frank ~ r 560 Old Orchard Ln ~ Camp Hill, PA 17011 ~ .y ~ wi 3~T~.k~3~ tV ~ N -4 MDJS 315 Page 2 of 2 Printed: 06/28/201 2:16:16PM ~I . 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 _.~, C.~- r.a ~'' ..+M ~~ T" .. "1 . cr,~'- ~, -~ r- -<~' ~ ~ ~~, ~ ~ ^.~ ~ ~;, ~ 3~' N - ~ , ~ -i ~ f' .,, ~ ~be~l an~ ty , (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: A„ T„ 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). a ~ ~~~ ~ 3~.as ~ ~ 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 =~ ~ `~ ~~ -~ f `~ r-- ~. Richard W Stewart ~ ~{r~ ~ ...; Solicitor -- ~ ~ t~s ~ ~: . ~ ~~ ~„ 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 ~~~~~~~o ~~-Gy ~ ~ g~ ~~ G~~ ~a ~.,~. 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 (~_ ~~~~ ~~-`' ~ . ~