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HomeMy WebLinkAbout13-1614 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW n PENN WASTE, INC., No. Plaintiff Vs. ROLLACE E. HEUSTESS and w » 7U BARBARA ANN HEUSTESS, Defendants PRAECIPE TO ENTER JUDGMENT Cn .. TO: PROTHONOTARY Enter judgment in favor of Plaintiff, Penn Waste, Inc., and against Defendants, Rollace E. Heustess and Barbara Ann Heustess, in the amount of $327.77, in accordance with the judgment entered by District Justice Paula P. Correal, a copy of which is attached hereto. Date: 3' Z� �� _3 REAM, CARR, MARKEY & WOLOSHIN, LLP By: ohn N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717 - 843 -8968 Fax: 717- 846 -4999 PA 82818 )VO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENN WASTE, INC., Plaintiff VS. ROLLACE E. HEUSTESS and BARBARA ANN HEUSTESS, Defendants AFFIDAVIT OF NO APPEAL TO THE PROTHONOTARY: As of the date hereof, no District Justice Appeal has been filed in the Court of Common Pleas of Cumberland County in the above - captioned matter. REAM, CARR, MARKEY & WOLOSHIN, LLP Date: — 3.2-C 7 • 1 By: . . 5_y_'U� ohn N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717- 843 -8968 Fax: 717- 846 -4999 Email: jnelliottesgkcomcast.net PA 82818 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., No. Plaintiff VS. ROLLACE E. HEUSTESS and BARBARA ANN HEUSTESS, Defendant NOTICE OF ENTRY OF JUDGMENT (X) Notice is hereby given that a judgment in the above - captioned matter has been entered against you on r Qn1_2 in the amount of $327.77, plus costs of suit. (X) A copy of all documents filed with the Pr ono in s WWI ort of the wit judgment are enclosed. I Pro otary o um rland County Civil Division By: If you have any questions regarding this Notice, please contact the filing party: John N. Elliott, Esq. Attorney for Plaintiff 119 E. Market Street York, PA 17401 717 - 843 -8968 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Rollace E. Heustess and Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice Of Judgment/Transcript Civil Case Mag. Dist. No: MDJ- 09 -3 -04 Penn Waste MDJ Name: Honorable Paula P. Correal v Address: 5275 East Trindle Road Rollace E Heustess, Barbara Ann Heustess Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Penn Waste Docket No: MJ- 09304 -CV- 0000439 -2012 PO Box 3066 Case Filed: 12/4/2012 85 Brickyard Road York, PA 17402 Disposition Summary Docket N Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000439 -2012 Penn Waste Rollace E Heustess Default Judgment for Plaintiff 01128/2013 MJ- 09304 -CV- 0000439 -2012 Penn Waste Barbara Ann Heustess Default Judgment for Plaintiff 01/28/2013 Judgment Summary _ Palticipant JoinVSeveral Liability Individual Liability Amount Barbara Ann Heustess $327.77 $0.00 $327.77 Penn Waste $0.00 $0.00 $0.00 Rollace E Heustess $327.77 $0.00 $327.77 Judgment Detail ( " Post Judgment) In the matter of Penn Waste vs. Rollace E Heustess; Barbara Ann Heustess on 1/28/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $206.90 $0.00 $206.90 Filing Fees $71.50 $0.00 $71.50 Costs $10.00 $0.00 $10.00 Server Fees $39.37 $0.00 $39.37 Grand Total: $327.77 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 REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETT OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Senior Magisterial District Judge Paula P. orreal certify at is is a true an correct copy o e recor o e procee rugs con ai e u gmen . Date Magisterial D trict Judge MDJS 315 Page 1 of 2 Printed: 01/28/2013 3:02:25PM Penn Waste Docket No.: MJ- 09304 -CV- 0000439 -2012 V. Rollace E Heustess, Barbara Ann Heustess Participant List Plaintiff(s) cr�r` rU Cj .. _ Penn Waste' PO Box 3066' v, -- 85 Brickyard Road --. York, PA 17402 Defendant(s) Barbara Ann.Heustess _ 237 Ridge Hill Road Mechanicsburg, PA 17050 Rollace E Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 �q i d MDJS 315 Page 2 of 2 Printed: 01/28/2013 3:02:25PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW � -. PENN WASTE,INC., No. 2013-1614 CIVIL Plaintiff" -< cn '--° vs. C=n"C '"� C-) �+� �.V ROLLACE E.HEUSTESS and 4 4Y6 BARBARA A.HEUSTESS, ' Defendants e �u5o is , PRAECIPE FOR WRIT OF EXECUTION(MONEY JUDGMENTS) P.R.C.P.3101 to 3149 TO THE PROTHONOTARY: Please issue writ of execution in the above-captioned matter: (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against Rollace E. Heustess and Barbara A. Heustess, Defendants (3) And against ,Garnishee; (4) And index this Writ: a. Against Rollace E. Heustess and Barbara A.Heustess, Defendants b. Against , Garnishee, as a lis pendens against the real property of the Defendants in the name of the Garnishee as follows: Please levy all personal property of Defendants of resalable value. Please also levy all vehicles. (5) Amount due $327:77 Interest from 1/28/13 —4/19/13 4.36 Attorney Fee 125.40 Total $457.13 Date: 13 John N.Elliott,Esq. Ream, Carr,Markey&Woloshin LLP 119 E. Market Street !• York, PA 17401 • ,5. — CCA4 .` - 717-843-8968 Sup. Ct.No. 82818 ` F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-1.614 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN WASTE,INC. Plaintiff(s) From ROLLACE E.HEUSTESS AND BARBARA A.HEUSTESS,237 RIDGE HILL ROAD, MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell PLEASE LEVY ALL PERSONAL PROPERTY OF DEFENDANT OF RESALABLE VALUE.PLEASE ALSO LEVY ALL VEHICLES. (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 garnishees) 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$327.77 Plaintiff Paid$59.75 Interest FROM 1/28/13-4/19/13-$4.36 Attorney's Comm. % Law Library$ Attorney Paid$ Due Prothonotary$2.25 Other Costs$125.00-ATTORNEY FEE Date: 4/25/13 David D. Buell,P othonotary By: Deputy REQUESTING PARTY: Name : JOHN N.ELLIOTT,ESQUIRE Address:REAM,CARR,MARKEY&WOLOSHIN LLP 119 E.MARKET STREET YORK,PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8968 Supreme Court ID No. 82818 ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFt:ICP Sheriff! i P�i�l ���J� Qf ° t�srala(�c� �� Jody S Smith 211 x3 MAY y I PM 3 Chief Deputy Richard W Stewart ' Solicitor Of -;r E�z� TH.��.RIr= CUMBERLAND COUNTY PENNSYLVANIA Penn Waste, Inc. Case Number vs. Rollace E Heustess(et al.) 2013-1614 SHERIFF'S RETURN OF SERVICE 04/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Barbara A Heustess, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as"Not Found" as pertaining to defendant Barbara Heustess. Ms. Heustess is now residing in Selbyville, Delaware. 04/29/2013 08:05 PM -Shawn Gutshall, Deputy Sheriff, being duly sworn according to law, states that on April 29, 2013 at 8:05 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: Rollace E Heustess at 237 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050, and informed Defendant of contents of same. Defendant then paid $ 590.00 cash to Deputy Gutshall. 05/01/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $70.05 SO ANSWERS, May 01, 2013 RbNW R ANDERSON, SHERIFF 69 R36 (c)CauntySLAW Sheriff,Teleosoft,Inc, r a, DISTRIBUTION PLAINTIFF Penn Waste WRIT NO. 2013-1614 Penn Waste Vs Rollace Heustess and Barbara Heustess Real Debt $ 327.77 Interest 4.36 Attorney's Comm. Writ Costs, Atty Writ Costs, Pltf£ 59.75 Miscellaneous Attorneys Fees 125.00 $ 516.88 Sheriff's Costs Docketing $ 18.00 Poundage 6.55 Law.Library Prothonotary 2.25 Service Mileage 11.00 Postage 2.25 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 30.00 Not Found Return TOTAL $ 70.05 Defendant Paid to Sheriff $ 590.00 Advance Costs 150.00 Total Collected $ 740.00 DISTRIBUTION Pd. To Pltff. $ 516.88 Refund of Adv. Costs 150.00 Sheriff's Costs 70.05 Refund to defendant (overpayment) 3.07 So Ans s: R. Anderson S riff B } THE P�;�T��O��i�;s�� 2 � iAY 2 P i 33 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE,INC., No. 2013-1614 Plaintiff VS. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the above-captioned case and judgment settled and satisfied. REAM, CARR, MARKEY & WOLOSHIN, LLP Date: S '7i) —3 By: 94- __ John N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717-843-8968 Fax: 717-846-4999 Sup. Ct. I.D. 82818