HomeMy WebLinkAbout12-5097 I
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CU ~#.A~D COt3NTY
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BOROUGH OF WORMLEYSBURG IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANI
Plaintiff
SG~7 C(V~
v. NO. CV-0000108-2012
John L. Bottaro & Suzann L. Bottaro
Defendant :CIVIL ACTION -LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment against the Defendant, John L. Bottaro & Suzann L. Bottaro f r
the amount of $1439 (19 in the above-captioned matter.
Date:
Gary W. Be sfo
Wormleysburg Borough Manager
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COMMONWEALTH OF PENNSYLVANIA Notice of JudgmentlTranscri t Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-1-02 Borough Of Wormleysburg
MDJ Name: Honorable Elizabeth S. Beckley V.
Address: 1901 State Street John L Bottaro, Suzann L Bott ro
Camp Hill, PA 17011
Telephone: 717-761-0583
Borough Of Wormleysburg Docket No: MJ-09102-CV-00001 8-2012
20 Market Street Case Filed: 5/16/2012
Wormleysburg, PA 17043
Disposition Summary
DQCket No Plaintiff Defendant Di~osition
MJ-09102-CV-0000108-2012 Borough Of Wormleysburg John L Bottaro Default Judgment for plaintiff 06/28/2012
MJ-09102-CV-0000108-2012 Borough Of Wormleysburg Suzann L Bottaro Default Judgment for Plaintiff 06/28/2012
Judgment Summary
Participant Joint/Several Liabiliri Individual Liabiliri
Borough Of Wormleysburg $0.00 $0.00 $0. 0
John L Bottaro $1,439.09 $0.00 $1,439. 9
Suzann L Bottaro $1,439.09 $0.00 $1,439. 9
Judgment Detail ("Post Judgment)
In the matter of Borough Of Wormleysburg vs. John L Bottaro; Suzann L Bottaro on 6/28/2012 the judgment vvas awarded follows:
Judgment Component Joint/Several Liability Individual Lisbiiiri Deposit Applied
Filing Fees $87.50 $0.00 $g7, 0
Civil Judgment $1,351.59 $0.00 $1,351. 9
Grand Total: E1,439. 9
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
JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF TH JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESl~ MUST COM FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGGE
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT AY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOFQ PAYS IN FU , SETTLES,`f~
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
apt r ~ P~
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J UN ~ g 2012 ~
Date Elizabeth S. Beckley ;
ce i a is is a rue an Corr copy o e recur o e procee ings con ammg a lu me
Date isteri Distn u e
MDJS 315 Page 1 of 2 Printed: O6/28/201 2:21:21 PM
_ _ _.r
• Borough Of Wormleysburg Docket No.: MJ-09102-CV-OOOb108-2012
v.
John L Bottaro, Suzann L Bottaro
Participant List
Plaintiff(s) ~ ~
w
Borough Of Wormleysburg C ~ .
20 Market Street
Wormleysburg, PA 17043 ~ ~
Defendant(s) ~
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John L Bottaro yi!~
719 Ridge Road ~ ~ „ r
Lewisberry, PA 17339
Suzann L Bottaro
719 Ridge Road
Lewisberry, PA 17339
MDJS 315 Page 2 of 2 Printed: 06/28/201 2:21:21 PM
5
_ _T~ ~ T_ _ _ , i _ _
Borough of Wormleysburg, IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVA IA
Plaintiff ~ I a• Sd~ ~ fit'
v. NO. CV-0000108-2012
John L. Bottaro &
Suzann L. Bottazo CIVIL ACTION -LAW
NOTICE OF FILING JUDGMENT
TO: John L Bottaro & Suzann L. Bottaro
You aze hereby notified that on June 28, 2012 the following judgment has been entered
against you in the above-captioned case.
$1,439.09 plus interest cos
Date: 1 tt
Prothonotary ~ ' ~
I hereby certify that the names and addresses of the proper person to receive this notice e as
follows:
Defendants
John L. Bottazo & Suzann L. Bottaro
719 Ridge Road
Lewisberry, PA 17339
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 Defe dart
are correct as set forth above.
Gary W. ryes rd
Wormleysburg Borough Manger
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N012-5097 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF YORK COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s)
From JOHN L. BOTTARO AND SL'ZANN L. BOTTARO, 719 RIDGE ROAD, LEWISBERRY,
PA 17339
(1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANTS, JOHN L. BOTTARO AND SUSANN L.
BOTTARO, 719 RIDGE ROAD, LEWISBERRY, PA 17339 .
(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$1,439.09
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
(Seal)
L.L. $
Due Prothy $2.25
Other Costs
I
avid D/BJuell, Prothonotary
~y• f/I2~ o,~ GP~iL 1
Deputy
REQUESTING PARTY:
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
Telephone:
Supreme Court ID No.
.1
Borough of Wormleysburg
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA]~TIA
v. ~ NO• 1 2-5097 Civil ~ '°
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John L . Bottaro and -~ ~.~ ~v
Suzann
L. Bottaro ~-, c z~
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Defendants :CIVIL ACTION ~, yr.-'_ ~; ~,; ~'~
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(PRAECIPE FOR WRIT OF EXECUTIONI ~ o
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TO THE PROTHONOTARY: ~ i
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(1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland outity,
Pennsylvania:
(2) Against Defendant:
(3) And against ,Garnishee(s):
(4) And index this writ
(A) Against John & Suzann Bottaro ,Defendant
(B) Against N/A (Garnishee(s)
As a lis pendens against real property of the defendants} in the name of the garnishee(s) as follows (:
describe property)
John L. Bottaro & 71
Any and all personal properly of the Defendants, inn L . Bottaro , of
Ridge Roayl Lewisberry , Pennsylvania,17339.
(S) Amount due $ ~
Interest from to 1 '$ 4 3 9.0 9
@ 6% -
Total $1 , 4 3 9.0 9 Plus All Costs in Offices
O Pro notary & SY~eriff
Dated: August 22, 2012
Plaintiff
i
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 103(b), the
county should be indicated.
Under Rule 3013(c) a writ issued on a transferred judgmeYrt may be directed only to the sheriff of th county in
which issued.
Paragraph (3) above 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, is desired as
authorized by Rule 3104(a): When the writ issues to another county indexing is required as of course in that ounty by
the prothonotary. See Rule 3014(b).
C~ Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached indexing
as a lis pendens desired. See Rule 3104(c).
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s 59.75 ~ t~~
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SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGA N, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E: Rice, II
Chief Deputy, Operations Chief Deputy, Administration
BOROUGH OF WORMLEYSBURG Case Number
vs. 2012-SU-3844-41
JOHN L. BOTTARO, SUZANN L BOTTARO
SHERIFF'S RETURN OF SERVICE
01/16/2013 02:10 PM - SERVEDTWO TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION,
BREAK AND ENTER ORDER AND CLAIM FOR EXEMPTION FORM, UPON JOHN L. BOTTARO AND
SUZANN L BOTTARO,THE WITHIN NAMED DEFENDANTS, AT 719 RIDGE ROAD, LEWISBERRY, PA
17339 INFORMED DEFENDANT OF CONTENTS OF SAME, LEVIED UPON PERSONAL PROPERTY
AS DIRECTED. POSTED ONE SHERIFF'S SALE BILL ON PREMISES. SHERIFF'S SALE SCHEDULED
FOR WEDNESDAY, FEBRUARY 13, 2013 AT 2:30 PM.
MICHAEL NOVAN, DEPUTY
01/18/2013 AS INFORMED BY BOROUGH OF WOEMLEYSBURG THE PLAINTIFF, DEFENDANT HAS PAID IN
FULL. SHERIFF'S SALE CANCELLED AND FURTHER EXECUTION STAYED.
SHERIFF COST: $187.58 (PAID) SO RS,
January 25, 2013 RICHARD P K LEBER, SHERIFF
G?7 C..r
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Affirmed and subscribed to before me this
NOTARY
i
25TH day of JANUARY 2013
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IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
BOROUGH OF WORMLEYSBURG,
Movant : r c_y
4 7
V. NO. 2012-SU-3844-41 c
l s T:+y <<?i
BOTTARO, JOHN L. and SUZANN L. CIVIL ACTION - LAW -?
Defendants -= f
ORDER GRANTING PERMISSION TO SHERIFF OF YORK COUNTY TO BREAK
AND ENTER INTO DEFENDANTS' RESIDENTIAL PROPERTY
AND NOW, this :q- day of November, 2012, upon consideration of the foregoing
Motion, said Motion is GRANTED and it is ORDERED that the Sheriff of York County has the
permission and right to break and enter into the residential property of Defendants located at 719
Ridge Road, Lewisberry, York County, Pennsylvania 17339 to perform its duties and obligations
under the laws of the Commonwealth of Pennsylvania. cd
R
BY-T-Ht ,"T: 15
J.
Distribution List: P. l =nebaug pi
Borough of Wormleysburg,
c/o Jason E. Kelso, Esq., 354 Alexander Spring Road, Suite 1, Carlisle, PA 17015
.2 9
John L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339
y
Suzann L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339
. 4 1
Borough of Wormleysburg
Plaintiff
V.
John L. Bottaro and
Suzann befero
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-CS --s LA Li - L-V
: NO. 12-5097 Civil
CIVIL ACTION
WRIT OF EXECUTION - NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment against you.
It may cause your property to be held or taken to pay the judgment. You may have rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be exempt.
There is a debtor's exemption of $300.00. There are other exemptions which may be applicable to
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 Sheriff s 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 6Ilect a
debt and information obtained will be used for that purpose. r V 1
-v --acs .
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT MAW c*
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET F6R
-vm
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.a
York County Bar Association -'?
137 E. Market Street
York, PA 17401
(717) 854-8755
,1
Borough of Wormleysburg
Plaintiff
V.
John L. Botta?roo and
Suzann L DeNAMAR0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-5097 Civil
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:
l . 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 exemption):
(2) From my property which is in the possession of a third party, I claim the following exemptions:
(a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property):
(b) Social Security benefits on deposit in the amount of: $ o
(c) Other (specify amount and basis of exemption): N -{
cn t.5,
I request a prompt court hearing to determine the exemption. Notice of the hearinao
given to me at:
Address Telephone Number' `
r
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. §4904 relating
to unworn falsification to authorities.
Date:
Defendant:
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF YORK COUNTY.
FR01`1 :W'3RMLEYSBURG BOROUGH FAX NO. :7177635701 Dec. 04 2012 08:22AM P3
WR1T OF EXECUTION and/or ATTACHMENT
fi e e; ?? ? r r 1
-1'ssved
COMMONWFALTI-I OP PENNSYI,VANIA) NO I2-5097 Civil
COUNTY OC CUMBERLAND) CIVIL ACTION - 1,AW
TO THE 81 ifSR11'OF YORK COT)MI'V:
To satisfy the debt, interest and costs due BOROUGH Or WORMLEYSBURC I'latutiff (s)
From JOHN L, ROTTARO AND SUZANN L. BOTTARO, 719 RIDGE ROAD, LEWISBERRY,
I'A 17339
([)You are directed to levy upon the property of the defendant (s)and to sell ANY AND AI I,
PERSONAL PROPERTY OF THE DEFENDANTS, ,IOPIN L, BOTTARO AND SUSANN L.
ROTTARO, 719 RIDGE ROAD, LEWISIIERRY, PA 17339.
(2) You arc also directed to attach the property of'the defendant(s) not levied upon in the possession
of
GARNfSHEE(S) as follows:
and to notify rho garnishee(s) that: (a) an attachment bus been issued; (b) the garnishee(s) is enjoined fi•om
paying any debt to or for the account of the defendant (s) and fiom delivering any property of the defendant
(,) or otherwise disposing therrol,
(3) If property 01'the defendant(s) not levied upon an subject to attachment is found in the possession
ofanyone 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.
Atrtount Due$1,439,09
Interest
L.L. $
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Atty's Comm %
Atty Paid
Plaintiff Paid $59,75
Date: AUGUST 29, 2012
(Seal)
REQULSTING PARTY;
Name : GARY W, BERRESFORD, MANAGER
Address: WORM LEYSI3UKG 130HOU011
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
't'elephone:
Supreme Court ID No.
Due Prothy $2,25
Other Costs
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David 1), Buelt, Prothonotary
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Deputy
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TRUE COPY FROM RECORd:: M
in Testimony whoreof, I hore unto set my Nood
and the coal of said Cou at Carlisle, Pa, CO
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This _nz?, ?„day of 20
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