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HomeMy WebLinkAbout12-7648COIb?MOAIWEALTH OF PENNSYLVANIA Notice of JudgmentlTranscript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Elizabeth S. Beckley Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Bradley Hoffman 731 Walnut St Lemoyne, PA 17043 Disposition Summary Bradley Hoffman, Renee Hoffman v. S & S Custom Excavating Inc Docket No: MJ-09102-CV-0000201-2012 Case Filed: 10/2/2012 MJ-09102-CV-0000201-2012 Bradley Hoffman S & S Custom Excavating Inc Default Judgment for Plaintiff 11/13/2012 MJ-09102-CV-0000201-2012 Renee Hoffman S & S Custom Excavating Inc Default Judgment for Plaintiff 11/13/2012 __ _. __ Judgment Summary Participant Joint/Several Liability Individual Liability Am n Bradley Hoffman $0.00 $0.00 $0.00 Renee Hoffman $0.00 $0.00 $0.00 S & S Custom Excavating Inc $8,423.00 $0.00 $8,423.00 Judgment Detail t"Post Judgmenq In the matter of Bradley Hoffman; Renee Hoffman vs. S & S Custom Excavating Inc on 11/13/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,280.00 $0.00 $8,280.00 Filing Fees $143.00 $0.00 $143.00 Grand Total: $8,423.00 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. NOV 13 20tZ Date c,r„~a ..rn.. ,. ~` ..~ ~ nn`~.,~ PoP. J.. ,,~~ 2 ~,.„: Elizabeth S. Becklev ~'~°"`~~ certi t at t is is a true an correct copy o e rec o e procee ings c e ent. ,,: _ •~~ ,r' Date gist al Distri t MDJS 315 Page 1 of 2 Printed: 11/13/2012 4:03:51 PM ` Braley Hoffman, Renee Hoffman v. S & S Custom Excavating Inc Participant List Plaintiff(s) Bradley Hoffman 731 Walnut St Lemoyne, PA 17043 Renee Hoffman 731 Walnut St Lemoyne, PA 17043 Defendant(s) S & S Custom Excavating Inc 232 Lawn Rd Palmyra, PA 17078 MDJS 315 Page 2 of 2 Docket No.: MJ-09102-CV-0000201-2012 r7 ~ -~` ~" r*t~ N r°n ~ ~~: ~~ ~ N "~ 2 O .~i 3 --t,Ca ~~ ~ ~T Z c ' ' C A N ...~j ~` ' ~ ~ o ~ ~ 2 ~,~ ~-~ (~ ~ /1' l./~ dash ~~~~~.tsa2- - ~~~ ~~~c~ ~ Printed: 11/13/2012 4:03:51PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Bradley Hoffman and Renee Hoffman ❑Confessed Judgment Plaintiff Other vs. File No. 2012-CV-7648 S&S Custom Excavating, Inc. Amount Due 8,423.00 a it -jn Qj Defendant Interest 168.92 r Poa�� k eta/7o?8 r-, a) Address: / Atty's Comm Metro Bank,Garnishee Costs 29.00 C N C5 65 Ashland Avenue Carlisle,PA 17013 — -- TO THE 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 of 1974 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) GARNISHMENT ONLY-Garnish any and all accounts of the Defendant, S&S Custom Excavating,Inc., in the possession of Metro Bank at 65 Ashland Avenue,Carlisle,PA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishees)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) GARNISHMENT ONLY-Garnish any and all accounts of the Defendant,S&S Custom Excavating,Inc.,in the possession of Metro Bank at 65 Ashland Avenue,Carlisle,PA 17013 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 lis pe against real a to of the defendant(s)described in the attached exhibit. Date 3j Signature: ag,cx> a Print Name: R an P. Siney �a Address: 2 Lemoyne Drive, Suite 200 31 a5F Lemoyne, PA 17043 L,��.� ,�f(�s CL Attorney for: Plaintiff V�V Telephone: 717-234-4121 Supreme Court ID No: 209190 �.. SpLL �Z a ?00 00(0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-7648 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRADLEY HOFFMAN AND RENEE HOFFMAN Plaintiff(s) From S&S CUSTOM EXCAVATING,INC.,232 LAWN ROAD,PALMYRA,PA 17078 (1) 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: METRO BANK,65 ASHLAND AVENUE,CARLISLE,PA 17078-GARNISH ANY AND ALL ACCOUNTS OF THE DEFENDANT S&S CUSTOM EXCAVATING,INC.,IN THE POSSESSION OF METRO BANK. and to notify the gamishee(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$8,423.00 L.L. S.50 Interest $168.92 Atty's Comm % Due Prothy$2.25 Atty Paid $60.25 Other Costs Plaintiff Paid Date:3/19/13 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name :RYAN P.SINEY,ESQUIRE Address:TUCKER ARENSBERG PC 2 LEMOYNE DRIVE,SUITE 200 LEMOYNE,PA 17043 Attorney for: PLAINTIFF Telephone: 717-234-4121 Supreme Court ID No.209190 BRADLEY HOFFMAN AND IN THE COURT OF COMMON PLEAS RENEE HOFFMAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 2012-CV-7648 S&S CUSTOM EXCAVATING, INC. Defendant - V. -d� METRO BANK Garnishee Xcj PLAINTIFF'S INTERROGATORIES PROPOUNDED TO GARNISHEE IN AID OF EXECUTION PURSUANT TO PA.R.C.P. 3117 TO: Metro Bank 65 Ashland Avenue Carlisle, PA 17013 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant, S&S Custom Excavating, Inc. (hereinafter"Defendant"), money or where you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any more or were liable to the Defendant for any reason? ANSWER: No Accounts 2. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more others persons any property of nature owned solely or in part by the Defendant? If yes, please describe the property and, if money, the amount. ANSWER: 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? ANSWER: 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? ANSWER: 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what as the consideration therefore? ANSWER: 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the direction of the Defendant or otherwise discharge any claim of Defendant against you? If yes, please describe. ANSWER: 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ANSWER: 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S.A. §8123? If so, identify each account. ANSWER: 9. At any time before or after you were served, did the Defendant have an account, loan, assignment or contract or funds with you, whether individually or with one or more persons? If so, state fully the type,kind, date, amount and account holder of the same. ANSWER: 10. At any time before or after you were served, did you have a security interest in any property of Defendant or were you holding any document of title or other collateral of any kind as security for any loan or time purchase transaction between yourself and Defendant? If yes, please describe. ANSWER: Date: March 15, 2013 TUCKER ARENSBERG, P.C. By: Ry P. Siney, I.D. #209 MO 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 Attorney for Plaintiff HBGDB:133615-1 028240-157294 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ' � ) I hU �SIGYATURE) T`~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn y RAnderson Sheriff t �_. P t�0 t H 0k 4 Jody S Smith 2 11 3 SL }2 Chief Deputy c Richard W Stewart CUMBERLAND COUNTY Solicitor QMCE OF TkE >KRIP: PENNSYLVANIA Bradley Hoffman (et al.) Case Number vs. S&S Custom Excavating, Inc. 2012-7648 SHERIFF'S RETURN OF SERVICE 03/28/2013 03:06 PM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Audrey Bistline, Cumtomer Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 2, 2013 to S &S Custom Excavating, Inc. at 232 Lawn Road, Palmyra, PA 17078. 09/26/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.34 SO ANSWERS, September 26, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosof.Inc.