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Home My WebLink About12-5655 . ? LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF P.O. Box 294, Mechanicsburg, :CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania 17055, Plaintiff . c"a ~ ~ v. :CIVIL ACTION NO. ~ -rno -vim CHARLES BURNS. and STACY BURNS, ~.~~j ~~ti ,j - ~ 1123 Nanroc Drive, ,Mechanicsburg, N -a ~ Pennsylvania 1705, _ Defendants ~ ~ z PRAECIPE TO ENTER JUDGMENT FROM ~ ° MAGISTERIAL DISTRICT COURT JUDGMENT To the Prothonotary: PLEASE enter judgment against Defendants, Charles Burns and Stacy Burns, in the above-captioned maltter in the amount of $8,550.46, plus interest and costs, pursuant to the Notice of JudgmenWTranscript from Magisterial District Judge Donald Franklin Howell, the original of which is attached hereto and incorporated herein. SHUMAKER WILLIAMS, P.C. Dated: September 1~, 2012 By ~ van C. Pappas, I.D. #200103 Kenneth J. McDermott, I.D. #205555 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorneys for Plaintiff :249417 ~-,~1. a ~p~ ~~~o s~ _ _ I { COMMONWEALTH OF PENNSYLVAivrA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 Liberty Square Condominium MDJ Name: Honorable Donald Franklin Howell V Address: 507 North York Street Charles Burns, Stacey Burns Mechanicsburg, PA 17055 Telephone: 717-766-4575 ca ~ Kenneth James McDermptt II, Esq. ~ Docket No: MJ-093Cl~fSf-00116 P O. Box gg illiams PC Case Filed: 6/13l201~~ ~ -v -vim Harrisburg, PA 17108 fir- N Z <a ~ ~C 3 ~ rv"i - --t ~ .„r Disposition Summary Docket No Defendant Disposition Disposition Date MJ-09305-CV-0000116-2012 Lib Square Condominium Charles Bums Default Judgment for Plaintiff 08/03/2012 MJ-09305-CV-0000116-2012 LibeatySquareCondominium Stacey Burns DefauftJudgmentforPlaintiff 08/03/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Charles Bums $8,550.46 $0.00 $8,550.46 Liberty Square Condominium $0.00 $0.00 $0.00 Stacey Burns $8,550.46 $0.00 $8,550.46 Judgment Detail ("PoatJuag~nent> In the matter of Liberty Square dondominium vs. Charles Burns; Stacey Burns on 8/03/2012 the judgment was awarded as follows: Judgment ComponanU Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,370.80 $0.00 $8,370.80 Filing Fees $179.66 $0.00 $179 66 Grand Total: $8,550.46 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 O COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A CpPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM ITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PR VIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THk JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS' MUST COME FROM THE COURT OF COMMON PLEAS ANDI; NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDKaE UNLESS THE JUDGMENT ISI~NTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TH€ JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFIACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITHLI~`HE JUDGMENT. Date Magisterial District Judge Donald Franklin How@li cart at is is a rue an corre copy o e recor o e procee mgs con ainin e lu gmen . ~2- Date agisterial District Jud MDJS 315 Page 1 of 2 Printed: 08/03!2012 1:14:43PM Tri _ CERTIFICATE OF SERVICE I, Kenneth J. McDermott, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Judgment from Magisterial District Court Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Charles Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 Stacy Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 SHUMAKER WILLIAMS, P.C. Dated: September 12, 2012 By eth J. McDermott .O. BOX 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 _ i, LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF P.O. Box 294, Mechanicsburg, :CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania 17055, Plaintiff v- :CIVIL ACTION NO. / CHARLES BURNS and STACY BURNS, 1123 Nanroc Drives Mechanicsburg, Pennsylvania 1705, Defendants NOTICE TO: Charles Burns, Defendant You are herby notified that on ~f~ 2012, the following judgment has been entered against you in the above-referenced case. The judgment is in the amount of $8,550.46, plus interest, a me ee , casts. David Buell, Prothonotary I hereby certify that the following is the last known address of the proper persons to receive this notice: Charles Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 SHUMAKER WILLIAMS, P.C. Dated: September 12, 2012 By ~ ~ E C. appas, I.D. #200103 enneth J. McDermott, I.D. #205555 P.O. Box 88 Harrisburg, PA i 7108 (717) 763-1121 Attorneys for Plaintiff :249421 i _ LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF P.O. Box 294, Mechanicsburg, :CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania 1705, Plaintiff v. :CIVIL ACTION NO. ~ v~~~ CHARLES BURN~~ and STACY BURNS, 1123 Nanroc Drive~',Mechanicsburg, : Pennsylvania 1705$, : Defendants NOTICE TO: Stacy Burns, Defendant You are herby notified that on ~ / o~ 2012, the following judgment has been entered against you ~n the above-referenced case. The judgmertit is in the amount of $8,550.46, plus interest, a me ees costs. David Buell, Prothonotary I hereby ce~ify that the following is the last known address of the proper persons to receive this notice: Stacy Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 SHUMAKER WILLIAMS, P.C. Dated: September 1 2012 By C. Pappas, I.D. #200103 Kenneth J. McDermott, I.D. #205555 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :249421 WRIT OF EXECUTION and/or ATTACHMEN"I' COMMONWEALTFI OF PENNSYLVANIA) COUN['Y OF CUMBERLAND) NO 2012-5655 Civil ClV1L ACTION - LA4l l'O THE SHERIFF OF PERRY COUNTY: "1'o satist}~ the debt. interest and costs due LIBERTY SQUARE CONDOMINIUM Plaintiff (s} f=rom CHARLES BURNS &STACY BURNS - 1123 NANROC DRIVE, MECHANICSBURG, PA 17055 (1 J You are directed to levy upon the property of the defendant (s)and to sell (2 ~ You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ANY AND ALL BANK ACCOUNTS OF CHARLES BURNS AND STACY BURNS IN T'HF. POSSESSION OF GARNISHEE, THE BANK OF LANDIS~BURG, 5125 SPRING ROAD„ SHERMIANS llALE, PA 17090 AND ALL OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID GARNISHEE(S). and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying an~~ debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3~i [f property of thf; 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 $8,550.46 interest 552.17 Att~'s Comm "o Att~~ Paid $60.25 Plaintif:~ Paid Date: October 22, 2(112 (Seal's L.L. $ Due Prothy $2.25 Other Costs --• -~ , David D. Buell, Prothonotary __ , Deputy REQUES`1'ING PAR"~ Y: Name : KENNETH .11. MCDERMOTT', ESQUIRE Addres~~: I'.O. BOX S8 HARRISBURG, PA 17108 Attorney ior: Plaintiff "l~eleph~~ne: 717-763-I 121 Supreme Court ID No. 205555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LIBERTY SQUARE CONDOMINIUM ^ConfessedJudgment Plaintiff ^/ Other vS. File I'1o. 12-5655 Civil CHARLES BURNS & STACY BURNS ~ Amount Due $550.46 Defendant Interest 52.17 ____ Address: Atty's Comm _ _ _~~ 1123 Nanroc Drive Costs ~$ Mechanicsburg, PA 17055 peg rj/1'~thel~e n.a ca --~ 1V Iv -,~ w TO T'fIE PROTHONOTARY OF THE SAID COURT: 'The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 ~;~f 1974 as amended. Issue writ of execution in the above matter to the Sheri;Ff of County_ for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Perry County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) 1.'or the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any and all bank accounts of Charles Burns and Stacy Burns in the possession of Garnishee, The Bank of t_.andi:;burg, 5125 Spring Road, Shermans Dale, PA 17090 and at( 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 defendant(s) described in the attached exhibit. Date OcQtober 22, 2012 __ Signature: `~ ~ ~ . ~ O P d ~7 ~~ Print Name: 3. 2 5 ~ ;B ~ Address: __.-- - lis pendens against real estate of the ~ J ~ , •~'j .~~neth J. McDermott P.O. Box 88 -- -- - Harr~sburg, PA 17108 ~o . ~. s~O ~ ~f~ ~ 2. z s d~~° Cn ~~ ~0~8 7 p~ a ~~2~6 _~/~~f~~ ~x /ss ~ ~ cY. Attorney for: P181rltlff _ Telephone: 717- 763-1121 Supreme Court [D No: 205555 °~ _.t rx:7~~ ~: i= ~~~ i~-"9 ;. c ".fir; x WRIT OF EXECUTION and/or A,TTACHMF,NT COMMONWEALTH OF PENNSYLVANIA) COUNT' OF CUMBERLAND) NO 2012-5655 Civil C1V1L ACTION-LAW ~f0 ~TH1 SHERIFF OF CUMBERLAND COUN"TY: To satisfy the debt, interest and costs due LIBERTY SQUARE COND011'IINIUM Plaintiff (s) Fr~~m CHARLES BURNS & STAGY BURNS - 1123 NA1\fROC DRIVE, MECHANICSBURG, PA 17055 (l You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF CHARLES BURNS ANT) STACK' BURNS LOCATED AT 1123 NANROC DRIVE, MECHANICSBURG, PA 17055 . (2~:~ You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: an~1 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 ~~roperty 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 <~arnishee and is enjoined as above stated. Amourr: Uue $8,550.=I6 Interest 552.17 Att~~'s Comm "a Atty Paid 562.25 Plaintif: Paid Date: Octobe~° 22, 2012 (Seal i L.L. $5.50 Due Prothy $2.25 Other Costs ,~ ~ -_%- David D. Buell, Prothonotary ~,_~ __._ Deputy RI~:QUES~I'1NG PAR"I~Y: Name :KENNETH J. MCDERMOTT', ESQUIRE Address: P.O. BOX 88 HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-763-:I 121 Supreme Court ID No. 205555 IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LIBERTY SQUARE CONDOMINIUM ~ ^ Confessed Judgment Plaintiff ^/ Other vs. File No. 12-5655 Civil CHARLES BURNS & STACY BURNS Defendant Amount Due $550.46 Interest 52.17 O c-7 -t N N - ~,..~ sa Address: Atty's Comm ~. _ 1 123 lVanroc Drive Costs ~~" _~_ `" Mechanicsburg, PA 17055 ~~ ~~G~~~/moo k ~-~ TO THI=, PROTHOI\OTARY OF THE SAID COURT: The undersiigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 19?4 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any .and all personal property of Charles Burns and Stacy Burns located at 1123 Nanroc Drive, Mechanicsburg, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ o f attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real. estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other propem~ of the defendant(s) in the possession, custody or control of the said garnishee) s}- (Indicate) Index this writ against the garnishee (s) as a defendant(s) described in the attached exhibit. Date _Octnober 22, 2012 _ Signature: ,~ ,~$ Sp~d ~f~ Print Name: 3 j . ,25 C 3 ir" ~1J Address: 2 yv _~~ ._ ~ .~ ;Z S ~ c~ f~ ~ ~'1~ ~ 2 a S qtly ~ ~v Attorney for: lis pendens against real~,'e~state of the '~~'~ ~ 'f may.:`. - enr~eth J. McDermott P.O. Box 88 ------ - Harrisburg, PA 17108 .Plaintiff __ - ___ .~ _ ~ G C Telephone: 717-763-1121 Supreme Court ID No: 2.05555 e~ ioo~~ ~~ 2g~2/S ~;-, -~ ; --~ ~- t~ - ~~' ~~ , ~•,,, 1~~% --c~,, =~. aerson Smith .;f Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~,~tt~t~ c~ ~ai~i.~Fr/ ip r-. 1QI2 NDt~ 14 AN 9~ 34 CUMBERLAND CQUNT`r' AENNSY~VANIA Liberty Square Condominimum vs. Charles Burns (et al.) Case Number 2012-5655 SHERIFF'S RETURN OF SERVICE 10/24/2012 08:23 PM -Shawn Gutshall, Deputy ,being duly sworn according to law, states that on October 24, 2012 at 8:23 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: Charles Burns at 1123 Nanroc Drive, Upper Allen Township, Mechanicsburg, PA 17055, 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 10-25-12. 10/24/2012 08:23 PM -Shawn Gutshall, Deputy ,being duly sworn according to law, states that on October 24, 2012 at 8:23 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: Stacy Burns at 1123 Nanroc Drive, Upper Allen Township, Mechanicsburg, PA 17055, 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 10-25-12. 11/14/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $254.45 November 14, 2012 SO ANSWERS, t~ - ~~_"" ~"-`~"---_` RON R ANDERSON, SHERIFF • sa l~P~, ~~ ~~ ~ ~~` ~. ~30`l1' .. cur , 4,~rte cL...niT, Telc;oc.^;t, inc. DISTRIBUTION PLAINTIFF Liberty Square Condominium WRIT NO. 2012-5655 Liberty Square Condominium Vs Charles Burns and Stacy Burns Real Debt $ 8,550.46 Interest 52.17 Attorney's Comm. Writ Costs, Atty 62.25 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 8,664.88 Sheriff s Costs: Docketing $ 18.00 Poundage 171.00 Law Library .50 Prothonotary 2.25 Service Mileage 10.00 Postage 2.70 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 30.00 Levy 20.00 TOTAL $ 254.45 lletendant Paid to Sheriff $ 8,919.33 Advance Costs 150.00 Total Collected $ 9,069.33 DISTRIBUTION Pd. To Pltff. $ 8,664.88 Refund of Adv. Costs 150.00 Sheriff's Costs 254.45 So Answers: son S e' B LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION NO. 2012-5655 Civil ~ L---s ~ ;_ -.. CHARLES BURNS and STACY BURNS, z~ o ~~ - ~~- ~ ~C3 Defendants ~v .c ° ~; r ~- ~ -~, • 4~ -r3 ~~;, -~; v. z ~ w { ~~ ~.,-. : ~. ~. -~+ THE BANK OF LANDISBURG, --''~''~,, Garnishee ~ PRAECIPE TO SATISFY AS TO GARNISHEE THE BANK OF LANDISBURG To the Prothonotary: PLEASE mark the above-captioned action satisfied as to Garnishee, The Bank of Landisburg. Dated: November 14, 2012 :250592 SHUMAKER WILLIAMS, P.C. B ~ Y an C. Pappas, I. . #200103 Kenneth J. McDermott, LD. #205555 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff ~q.5e~ P Q +a~y C*loa~~{ ~-'~a83 09 ~ CERTIFICATE OF SERVICE I, Kenneth J. McDermott, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Satisfy as to Garnishee The Bank of Landisburg on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Charles and Stacy Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 H. Ray Egolf, Chief Administration Officer The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 SHUMAKER WILLIAMS, P.C. Dated: November 14, 2012 By ~ --- K eth J. McDe ott P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 ,, LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION NO. 2012-5655 Civil CHARLES BURNS and STACY BURNS, - `~ Defendants { ~ ' PRAECIPE TO DISCONTINUE, SATISFY AND END .~= ` _. _ : -_; ~; To the Prothonotary: ~ : •.Y ~ ~; { .. ~-- PLEASE mark the above matter as discontinued and mark the judgment entered ~i~ainst Defendants, Charles Burns and Stacy Burns, as paid, satisfied and discontinued. Dated: November 19, 2012 SHtTMAKER WILLIAMS, P.C. .-- f By - Ev n C. Pappas, . #200103 Kenneth J. McDermott, LD. #205555 P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorneys for Plaintiff :250701 CERTIFICATE OF SERVICE I, Kenneth J. McDermott, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue, Satisfy and End on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Charles and Stacy Burns 1123 Nanroc Drive Mechanicsburg, PA 17055 Dated: November 19, 2012 SHUMAKER WILLIAMS, P.C. By ~y K eth J. McDermott P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121