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HomeMy WebLinkAbout12-6348?a - 3418 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY Mag. Dist. No: MDJ-41-3-04 MDJ Name: Honorable Michael E. Schechterly Address: 133 South Fifth Street Newport, PA 17074 Telephone: 717-567-6365 Emily Zuch 68 Millers Gap Rd Enola, PA 17025 Notice of Judgment/Transcript Civil Case Emily Zuch V. Derrick McClain Docket No: MJ-41304-CV-0000125-2012 Case Filed: 6/14/2012 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-41304-CV-0000125-2012 Emily Zuch Derrick McClain Judgment for Plaintiff 08/02/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Derrick McClain $0.00 $1,983.00 $1,983.00 Emily Zuch $0.00 $0.00 $0.00 Judgment Detail ("Post Judgment) In the matter of Emily Zuch vs. Derrick McClain on 8/02/2012 the judgment was awarded as follows: Judament„Component Joint/Several Liability Individual Liability Deposit Agpiied Amount Civil Judgment $0.00 $1,865.00 $1,865.00 Filing Fees $0.00 $118.00 $118.00 Grand Total: $1,983.00 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 OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME 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 FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. S 2 Z Date Mirhnel F .Sc-harhterly ?^ µr nra?? certify that this is a true an correct copy o the record o the procee ings iconta - l : s :SEP 2 7 2012 Date Ma isterial Dist ' t Judge . y y MDJS 315 Page 1 of 2 Printed: 09/2712012 1:32:56PM M Y • Emily Zuch V. Derrick McClain Docket No.: MJ-41304-CV-0000125-2012 Participant List Plaintiff(s) Emily Zuch 68 Millers Gap Rd Enola, PA 17025 Defendant(s) Derrick McClain ` Newport, PA 17074 ,TIM 3? 3 C-3 r P "0 7 C2 T ? 40 ?' a8/Sad 4w- .011 MDJS 315 Page 2 of 2 Printed: 09/27/2012 1:32:56PM Perry County Courthouse 717-582-2131 Of f ice of Prothonotary of Perry Brenda J. Albright Prothonotary NOTICE OF NO APPEAL EM; . 1-a k Plantiff VS. Dervic? /Y eel Qih Defendant Brenda J. Albright Perry County Prothonotary and Clerk of Courts P. 0. Box 325 New Bloomfield, PA 17068 County District Judge Docket Number mJ g130 q 0 00001 5-- aoid- As of )ei- q, ')j a A District Judge Appeal has not been filed in the Court of Common Pleas of P K j- County in the above captioned matter. Proth. - 75 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION II PRAECIPE FOR WRIT OF EXECUTION L m I U Z Lt c- t ? Confessed Judgment Plaintiff ? Other VS. Derrick Mc Glum Defendant Address: r a 9 ,? 3r-&Ajf G Mee Ac?nt?s 6w-a, PA I TO THE PROTHONOTARY OF THE SAID COURT: File No. 1;,- 63`{?s Amount Due 1 y ?S3 Interest Atty's Comm ' lax Costs 7 ?- 7 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 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUM i or Iri ti d County, for debt, interest and costs, upon the following described property of the defendant (s) ar±/ , Sdye_r A cure. 6,a H,? i $S a$ FZC? mdor! ycL PRAECIPE FOR ATTACHMENT EXECUTION VIN 3YA9Tl3CWc6,A003S-71 Issue writ of 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 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 hs defendant(s) described in the attached exhibit. Date 10 111 112 Signature: s'g.7s - )`a. ass . Print Name Address: Attorney for: pendens against real estate of the &,6 m, hers L(,r tzd Grob. PA 1702 Telephone: -711- 57q- 7070 Supreme Court ID No: Yamaha/Triumph/KTM of 3809 Hartzdale Drive Camp Fill, PA 17011 (717)761-6192 Customer: ZUCH, EMILY 5275 TERRACE RD MECHANICSBURG, PA 17050 h:717-574-7070 Major Unit Trades s Stock # Year Make CF13571 2008 YAMAHA Stock # Year Make CH3677 2007 YAMAHA Major Units Unit Price $5,299.00 Freight $0.00 Handling $0.00 Total Unit $5,299.00 Parts and Accessories $0.00 Installation $37.50 Total Parts and Install $37.50 Title $22.50 Lien $0.00 Temporary Tag $0.00 Transfer Fee $6.00 do not use $0.00 do not use $0.00 Total Dealer Defined $22.50 Model Model Name FZ6 FZS6XB Model Model Name VSTAR65CU XVS65W Fees & Insurance Sales Deal Summary Deal Number: 1985 Date: 6/21/2012 Delivery Date: 5/13/2011 Finalized Date: 5/18/2011 First Payment Due: 5/13/2011 VIN JYARJ13E88A003571 Vehicle Tax $134.19 Sales Tax $0.00 Doc Fees $90.00 License Fees $0.00 Total Fees $224.19 Service Contract $0.00 Prop / Liab Insurance $0.00 Credit Life $0.00 Accident / Health $0.00 Total Insurance Taxes $0.00 Total Insurance $0.00 Tre/Wheel $0.00 GAP $0.00 THEFT PROTECTION $0.00 PREPAID MANT $0.00 do not use $0.00 do not use $0.00 Total Dealer Defined $0.00 Financing VIN JYAV M01 E77A 103677 Down Payment Total Previous Payments $2,489.19 Additional Pat Today $0.00 Deferred Payment $0.00 $0.00 Manuf to Cust Rebate $0.00 Total Down Payment $2,489.19 Trade Allowance $3,100.00 Less Trade Payoff $0.00 Trade Equtty $3,100.00 Total Price $5,589.19 Term 1 Less Down $5,589.19 APR 0.000% Amount Financed $0.00 Add-on 0.0% Finance Charge $0.00 Extra 0.0% Total of Payments $0.00 Monthly Payment $0.00 6/21/2012 5:34:10 PM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-6348 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMILY ZUCH Plaintiff (s) From DERRICK MCCLAIN, 1298 BRANDT RD, MECHANICSBURG, PA 17055 (])You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY, SILVER ACURA TAG HSJ8528, FZ6 MOTORCYCLE VIN JYARJ13E88A003571. (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 $1983.00 Interest $39.68 Atty's Comm % Atty Paid Plaintiff Paid $59.75 Date: OCTOBER 11, 2012 (Seal) L.L. $ Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : EMILY ZUCH Address: 68 MILLERS GAP RD ENOLA, PA 17025 Attorney for: PLAINTIFF Telephone: 717-574-7070 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ranny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart. Solicitor Y ,tl li i P~ w J Emily Zuch Gase Number vs. Derrick McClain 2012-6348 SHERIFF'S RETURN OF SERVICE 10/23/2012 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2012 at 1852 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Derrick McClain, by making known unto Derrick McClain, at 1298 Brandt Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. CoK>y of levy mailed to attorney and letter mailed to defendant on 03-17-12. NOTE: There was some property at the residence belonging to the defendant; he claimed the rest of the property was located at 545 Shreck Drive, Newport, PA. 11!13/2012 03:49 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, and Sale Handbill in the above titled action, upon the property located at 1298 Brandt Road, Monroe Township, Mechanicsburg, PA 17055, Cumberland County. 11/26/2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Derrick McClain for the sum of S 1.00, to Emily Zuch, it being the highest bid and price quoted for the same. Date and Time of sale: November 26, 2012, at 3:00 p.m., held at 1298 Brandt Road, Monroe Township, Mechanicsburg, Cumberland, County, PA 17055. 11/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. SHERIFF COST: $'104.55 SO ANSWERS, ,~.~ ~~ ~"~ -' November 28. 2012 RONN~' R ANDERSOnI. SHERIFF ~: e ~.. ~,,,, ..fr' „'3 ~ . _ _.: C,'' ". .~. `_? C .~ ~ ,~ ~~; By Virtue of a Writ of Execution No. 2012-6348 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 1298 Brandt Road, Monroe Township, Mechanicsburg, PA 17055 on MONDAY, NOVEMBER 26, 2012 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: WEAPONS Smith & Wesson 9 mm; S/N PBB0210 VEHICLES 2002 Acura RSk;, PA Reg: HFJ8528, VIN: JH4DC538220005336 2008 Yamaha Motorcycle.. PA Reg: ZTW93, VIN: JYARJ13E88A003571 COMPUTER ROOM Desktop Macintosh Hard Drive Macintosh Cannon Pnnter Acura RSX Rims & Tires - 4 and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriff's Office. A schedule of distribution will be filed in the Sheriff's Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriff's Office prior thereto. Seized and taken into execution to be sold as the property of DERRICK MCCLAIN in suit of EMILY ZUCH and to be sold by me. Attorney for the Plaintiff: Emily Zuch RONNY R ANDERSON, Sheriff Enola, PA CUMBERLAND COUNTY, Pennsylvania Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Derrick '~1cClain, 1298 Brandt Road, Mechanicsburg, PA, for the sum of $1.00, to Emily Zuch, plaintiff, it being the highest bid and price quoted for the same. :Date and Time of sale: N1ond~iy, November 26, 2012 at 3:00 P.M.E.D.S.T., at 1298 Brandt Road. Mechanicsburg, PA 17055. Property sold: 2008 Yamaha F~?6 motorcycle VIN: .1YARJ13B88A003571 PA Registration: ZTW93 So Ar~wer~~'~ Ron~y R. Anderson, Sheriff i S~~11oi7~ and Subscribed to before me this =~C~. _ day of ___~~_~~ 2012 A.D. ''~ ' NOTARIAL SEAL ~~~-/~ _ ` CLAU t ~--=- D A A. BREWBAKER NOTARY PUBLIC Nc~tar~ Public ' - Carlisle Boron Cumt~rtand County My Commission Expires April 4~ 2013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYI_VANsA} ~ NO 12-6348 Civil COUN"I'Y OF CUMBERLAND) C[VIL AC"TION - LAW I~O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMILY ZUCH Plaintiff (s) From DERRICK MCCLAIN, 1298 BRANDY RD, MECHANiCSBURG, PA ]7055 (I )You are directed to levy upon the property of the defendant (s)and to sell ,ALL PERSONAL PROPERTY, SILHER ACURA TAG HSJ8528, FZ6 MOTORCYCLE VIN JYARJ13E88A003571 . (2) 1!ou are also diirected 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) 1 f 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 $1983.00 L.L. ~ Interest $39.68 Atty's Comm '% Due Prothy $2.25 Atty Paid Other Costs Plaintiff Paid $59.7:5 Date: OCTOBER 11, 2012 _--- --- David D. Buell, Prothonotary (Seal) '~.j • ~'~ Deputy REQUESTING PARTY: Name :EMILY ZUCH Address: 68 MILLERS GAP RD ENOLA, PA. 17025 Attorne•~~ for: PLAINTIFF Telephone: 717-574-7070 Supreme. Court ID No, TRUE COPY FROM RECORD in Testim©ny whereof, ]here unto set my h~ and they ae o~f said C/o*urt~~Carriissle, Pa. This~,~y ofa~.r ... 20.1~„J _ Prothanot ~> ~~ ~^ , ~ j'