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HomeMy WebLinkAbout13-2487 2613 MAY -6 AM 11:20 CUMBERLAND COUNTY PENNSYLVANIA David D. Buell, Prothonotary Court of Common Pleas of Cumberland County, Pennsylvania Re: Louis J. Harford v. Stanley M. Deimler & Marlene J. Deimler, Court of Common Pleas of Perry County, CV- 2012 -549 Praecipe to Transfer Judgment To the Prothonotary: Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the defendant in the amount of $1,138.40, in accordance with the following documents attached hereto: (1) certified copy of all the docket entries in the above - captioned case; and (2) certification of the amount of the judgment in the above - captioned case; respectively enter the judgment in the appropriate dockets and in the judgment index against the defendant. R. Benjamin Cramer, Esquire Supreme Ct. # 313186 5 South Market Street P.O. Box 159 Duncannon, PA 17020 Ph. 717 - 834 -5700 Fax: 717 - 834 -7700 Attorney for Plaintiff, Louis J. Harford k ��3 sopd alb � agoi�l� � Y Y1G,i led IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA OFFICE OF PROTHONOTARY CV -CV- 2012 -549 LOUIS J. HARFORD, plaintiff VS STANLEY M. DEIMLER & MARLENE J. DEIMLER, defendants EXEMPLIFIED RECORD OF JUDGMENT RECORDED I, BRENDA J. ALBRIGHT, PROTHONOTARY OF THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA, DO HEREBY CERTIFY THAT THE FOLLOWING IS A TRUE, CORRECT AND FULL COPY OF THE DOCKET ENTRIES IN THE ABOVE CAPTIONED CASE. FURTHER, I DO HEREBY CERTIFY THAT JUDGMENT WAS ENTERED BY PRAECIPE AGAINST THE DEFENDANTS, STANELY M. DEIMLER & MARLENE J. DEIMLER ON 04/1212013 IN THE AMOUNT OF $1,138.40 PLUS COSTS PLUS INTEREST, AND IN FAVOR OF PLAINTIFF, LOUIS J. HARFORD, PURSUANT TO FINDING BY BOARD OF ARBITRATORS ON 02/21/2013. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL OF THE SAID COURT ON THE 30TH DAY OF APRIL A.D. 2013 r t /S/ BREN J. ALBRIGHT PROTHONOTARY SEAL-1 BY r R TH HOWER, DEPUTY Date: 4/30/2013 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 11:48 AM CIVIL CASE JUDGMENTS REPORT Page 1 of 1 Case: CV -NA- 2012 -00549 LOUIS J. HARFORD vs. STANLEY M DEIMLER, etal. Filing date In Favor Of Judgment Judgment 04/12/2013 Plaintiff 04/30/2013 TRANSFERRED JUDGME Judgment Plaintiff: HARFORD, LOUIS J. Judgment amount or comment: Defendant: DEIMLER, MARLENE J $1,138.40 / BOARD OF ARBITRATORS DEIMLER, STANLEY M 02/21/2013 TRANSFERRED TO CUMBERLAND COUNTY CERTIFIED A TRU COPY D PUTY PROTHONOTARY Date: 4/30/2013 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 11:48 AM Complete Case History Page 1 of 3 Case: CV-NA-2012-00549 LOUIS J. HARFORD vs. STANLEY M DEIMLER, etal. Filed: 6/20/2012 Subtype: Notice of Appeal DJ Physical File: Y Appealed: N Comment: Status History Pending 6/20/2012 DISPOSED BY BOARD OF 2/21/2013 ARBITRATO Judge History Date Judge Reason for Removal 6/20/2012 UNASSIGNED, ADMINISTRATIVE 6/20/2012 MUMMAH, KENNETH A. Current Plaintiff Name: HARFORD, LOUIS J. SSN: Address: P.O. BOX 242 DOB: New Bloomfield PA 17068 Sex: CERTIFIED A TRU Copy Phone: Home: Work: Employer: Send notices: Y Litigant Type: D PUTYPROTH NOTARY Comment: Attorneys CRAMER, R. BENJAMIN ESQ (Primary attorney) Send Notices Defendant Name: DEIMLER, STANLEY M SSN: Address: 1147 LAMBS GAP ROAD DOB: MECHANICSBURG PA 17055 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys DISSINGER, WILLIAM C (Primary attorney) Send Notices Defendant Name: DEIMLER, MARLENE J SSN: Address: 1147 LAMBS GAP ROAD DOB: MECHANICSBURG PA 17055 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys DISSINGER, WILLIAM C (Primary attorney) Send Notices Date: 4/30/2013 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 11:48 AM Complete Case History Page 2 of 3 Case: CV -NA- 2012 -00549 LOUIS J. HARFORD vs. STANLEY M DEIMLER, etal. Hearings From To Judge Type 2/21/2013 08:00 AM 2/21/2013 04:00 PM UNASSIGNED, ARBITRATION Register of Actions 6/20/2012 Notice of Appeal from DJ filed. Exit MUMMAH, KENNETH A. copies to Appellant Filing: Appeal From District Justice Paid MUMMAH, KENNETH A. by: DEIMLER, STANLEY M (defendant) Receipt number: 0049512 Dated: 6/20/2012 Amount: $66.45 (Check) For: HARFORD, LOUIS J. (plaintiff) JUDICIAL APPEALS MDJ- MONEY MUMMAH, KENNETH A. JUDGMENT 6/21/2012 FAX - Copy of Certified Mail Receipts MUMMAH, KENNETH A. 6/28/2012 Proof of Service dated 06/26/2012 filed. MUMMAH, KENNETH A. Exit is copy to atty, file. 7/9/2012 Complaint filed . Exit cc and time stamp MUMMAH, KENNETH A. copy to Atty. EXIT CC TO SHERIFF WITH CHECK FOR SERVICE 8/8/2012 Sheriffs Return served by Sheriff of UNASSIGNED, Cumberland County upon Stanley M. CERTIFIED A TRU COPY Deimler, filed. Sheriffs Return served by Sheriff of UNASSIGNED, Cumberland County upon Marlene J. Deimler, filed. D PUTY PROTHONOTARY 8/31/2012 Answer of Defendant Stanley M. Deimler MUMMAH, KENNETH A. filed. Exit is copies to Atty William Dissinger, file. Answer of Defendant Marlene J. Deimler MUMMAH, KENNETH A. filed. Exit is copies to Atty William Dissinger, file. 9/18/2012 Praecipe to List for Arbitration filed. Exit MUMMAH, KENNETH A. 1 is copy to Court Adm. and 1 is copy to atty, file. 9/24/2012 Filing: List for Arbitration Paid by: R. MUMMAH, KENNETH A. BENJAMIN CRAMER IOLTA ACCOUNT Receipt number: 0050703 Dated: 9/24/2012 Amount: $20.90 (Check) For: HARFORD, LOUIS J. (plaintiff) 1/18/2013 Arbitration Notice dated 01/08/2013 filed. UNASSIGNED, Hearing scheduled. Exit cc to parties on distribution, file. (ARBITRATION 02/21/2013 08:00 AM) 2/21/2013 Oath of Arbitrators filed. Report of MUMMAH, KENNETH A. Arbitrators find in favor of "Plaintiff and against Defendants, Stanley M. Deimler and Marlene J. Deimler, in the summ of $1,000.00 plus costs of $138.40." filed. Exit is cc to all parties and their counsel on 02/22/2013, file. CASES DECIDED BY ARB BOARD MUMMAH, KENNETH A. 4/12/2013 Praecipe for Entry of Judgement awarded MUMMAH, KENNETH A. by Board of Arbitrators on 02/20/2013 in the amount of $1,138.40 filed. Exit is to Atty Cramer, file. Date: 4/30/2013 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 11:48 AM Complete Case History Page 3 of 3 Case: CV -NA- 2012 -00549 LOUIS J. HARFORD vs. STANLEY M DEIMLER, etal. Register of Actions 4/17/2013 Request for Exemplified Record for MUMMAH, KENNETH A. transfer to Cumberland County filed. Exit exemplified record to atty, file. 4/30/2013 Filing: Exemplified Record Paid by: R. MUMMAH, KENNETH A. Scott Cramer, Esq Receipt number: 0053029 Dated: 4/30/2013 Amount: $20.90 (Check) For: HARFORD, LOUIS J. (plaintiff) Judgment Order date In Favor Of Disposition Judgment 04/12/2013 Plaintiff 04/30/2013 TRANSFERRED JU[ Judgment. Comment: $1,138.40 / BOARD OF ARBITRATORS 02/21/2013TRA Plaintiff: HARFORD, LOUIS J. Defendant: DEIMLER, MARLENE J DEIMLER, STANLEY M CERTIFIED A TRU COPY D DUTY PROTF-IONOTARY 1 IN THE COURT OF COMMON PLEAS OF THE 41 JUDICIAL DISTRICT OF PENNSYLVANIA - PERRY COUNTY BRANCH LOUIS J. HARFORD, P.L.S., Plaintiff, V. No.: CV -2012 -549 STANLEY M. DEIMLER and MARLENE J. DEIMLER, husband and Wife, Defendants. CIVIL ACTION PRAECIPE To the Prothonotary: Please enter judgment on the attached award of arbitrators filed in the above matter on February 20, 2013, the time for appeal having expired, and assess damages in favor of the plaintiff and against the defendants as follows: ® C Amount of award $1,138.40 m M Interest from February 20, 2013 .. $ 21 M T v VP Total $ ©I 6 c 0 0 By: A Benjamin Cramer -� Supreme Ct. I.D. #313186 P. O. Box 159 Duncannon, PA 1%2 Ph.: (717) 834 -57th W Fax: (717) 834 - s -- Attorney for PI Damages Assessed as Above: d ke Prothonotary /5r 0 ZI Date: U, ) A : s LOUIS J. HARFORD CV- NA- 20 214UH 21 AM H : a 35 i�%; 3T}iC °P;i� i .itY'S V OFFICt PEP,P,Y C0tJNTY STANLEY M. DEIMLER MARLENE J. DEIMLER REPORT OF ARBITRATORS And now, this I !L� rsdo -V, February 21! 2013, we the undersigned Arbitrators chosen in this case, after having been duly sworn, and having heard the evidence and allegations of the parties, do report and find for &Z Aakwkr 'S'TgWI yl Xa, ,D irf�ti ice, �g b � ��441 ,-- �1, A51-11'< 1 c.d.> in the sum of $ 4 T- 040 Lt� �_�- L H UIGLEY, ESQ ? x ® c \R, ROBI14 LMAN LOY, ESQ o 0 JENNIFER P. WILSON, ESQ CERTIFICATE I hereby certify that I have transmitted a copy of the within Report of Arbitrators to the parties or their counsel either by acceptance of service or by certified mail within five (5) days after the same was filed by the Board of Arbitrators. Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVAlI CIVIL DIVISION rn PRAECIPE FOR WRIT OF EXECUTION v' --s ` ' Louis J. Harford, P.L.S. : 12 Confessed Judgment <y Plaintiff 12 Other `� �'• 77'C.) "'== VS. : File No. 13-2487 0 1,138.40 z'y ,: Stanley M. Deimler, Marlene J. Deimler : Amount Due Defendant Interest from 6/20/12 Address: Atty's Comm 1147 Lambs Gap Rd. . Costs Perry County $20.90 +CunAberloti COtgay C034= Mechanicsburg, PA 17050 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) 1147 Lambs Gap Rd., Mechanicsburg, PA 17050 1 pief3 5 North Enola Road, East Pennsboro, PA 17025 �GI aloper�y Accounts at Garnishee, MidPenn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17050 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 garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) All accounts at Garnishee,MidPenn Bank,4622 Carlisle Pike,Mechanicsburg,PA 17050 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 pendens against real estate of the defendant(s)described in the attached exhibit. � ����/�I Date 6/14/2013 Signature: Print Name: R. Benjamin Cramer W T 11099 CIe pcc Address: P.O. Box 159 (16 cis �y�p Duncannon, PA 17020 Attorney for: Louis J. Harford, P.L.S. 23. SO r !� Telephone: 717-834-5700 poi Supreme Court ID No: 313186 Wf•kl.-- ExTr: sigd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2487 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LOUIS J. HARFORD,P.L.S.Plaintiff(s) From STANLEY M. DEIMLER,MARLENE J. DEIMLER, 1147 LAMBS GAP ROAD, MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL PERSONAL PROPERTY AT 1147 LAMBS GAP ROAD,MECHANICSBURG,PA 17050 AND 15 NORTH ENOLA ROAD,EAST PENNSBORO,PA 17025 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: MIDPENN BANK,4622 CARLISLE PIKE,MECHANICSBURG,PA 17050,ACCOUNTS AT GARNISHEE 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$1,138.40 Plaintiff Paid$ Interest FROM 6/20/12 Attorney's Comm. % Law Library$.50 Attorney Paid$12$.45 Due Prothonotary$2.25 Other Costs$PERRY COUNTY-$20.90 Date: JUNE 17,2013 Tjl4LL4L. Ti David D. Buell, Prothonotary By: /i _ .40// Deputy REQUESTING PARTY: Name : R. BENJAMIN CRAMER,ESQUIRE Address: P.O. BOX 159 DUNCANNON,PA 17020 Attorney for: PLAINTIFF Telephone: 717-834-5700 Supreme Court ID No. 313186 0 T f�E PP,01,10�yt" THr` 'I LAW OFFICE OF R.SCOTT CRAMER 2013 JUL —9 R.Benjamin Cramer,Esquire j!{: Supreme Ct.#313186 CUMBERLAND COUNTY 5 South Market Street PENNSYLVANIA P.O.Box 159 Duncannon,PA 17020 Ph.717-834-5700 LOUIS J. HARFORD, P.L.S., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. STANLEY M. DEIMLER and MAR_LENE J. DEIMLER, husband No.: 13.2487 -CIVIL and wife, Defendants. At6wees INTERROGATORIES TO GARNISHEE IMPORTANT NOTICES TO GARNISHEE: A.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: B. The term "Defendant" means the individual against whom the Writ of Execution issued. C. "You" means the main office and all branch offices of.MidPenn Bank. D. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant any money, were you liable to the defendant on any,negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? no 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one R.SCOTT CRAMER or more other persons any property of any nature owned solely or in part by the Defendant? R.BENJAMIN CRAMER no ATTORNEYS AT LAW 5 S.Market St. 3. At the time you were served with these Interrogatories or at any subsequent time, did you hold Duncannon,Pa. 17020 Tel.(717)834-5700 Fax(717)834-7700 legal title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? no 4. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served with these Interrogatories, 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 was the consideration therefor? no 6. At any time after you were served with these Interrogatories, did you pay, transfer or deliver any money or property to the Defendant, or to any person or place pursuant to Defendant's direction, or otherwise discharge any claim of the Defendant against you? no T ?. At the time you were sew-ied with these Interrogatories 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 identified 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. no 8. At the time you were served with these Interrogatories 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 the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no 9. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant has any interest? no 10. At the time you were served with these Interrogatories or at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of investment or commercial paper in which the Defendant has any interest? no 11. At the time you were served with these Interrogatories or any,subsequent7time,.did..you:have- property of the Defendant or property in*which the defendant has any interest on depositor otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? no Respectfully submitted, R.SCOTT CRAMER R. Benjamin Cramer, Esquire R.BENJAMIN CRAMER ATTORNEYS AT LAW 5 S.Market St. Ouncannon,Pa. 17020 2 Tel.(717)834-5700 Fax(717)834-7700 ,r e COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Jessica Kerwin Deposit Processing Specialist of Mid Penn Bank , a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my.knowledge, information and belief. MID PENN BANK B Date: Kerwin Sworn and subscribed to before me, a Notary Public, this day of._�1 U 20 Notary Public my commission expires: (seal) ��-1x.901�P COMMONWEALTH OF PENNSYLVANIA =Robin al Seal h,Notary Public auphin County pires Dec.19 2016 MEMBER;PENNSYLVANIA ASSOCIATION OF NOTARIES SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F"Ll ; OFFICE- Sheriff t1 yy 0r TI"Ir PP,0Tl° Yom. GI CQ!i!!�id effYjl� Jody S Smith p V� 2013 JUL AM 11 Zli Chief Deputy Richard W Stewart x. CUMBERLAND COUNTY Solicitor O*zF:wE:x, 6..c5H fi!rC pENNSYLVAN{A Louis J. Harford, PLS vs. Case Number Stanley M. Deimler(et al.) 1 2013-2487 SHERIFF'S RETURN OF SERVICE 06/27/2013 01:21 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, 4622 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Nathan Kelso, Branch Manager, 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 him/her. i SO ANSWERS, July 01, 2013 RON Y R ANDERSON, SHERIFF r c}Count}Suit 6heritt,Te!eosci; Ic... ` r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i ' �1 Jody s smith 0 f013 29 A 10: 34 Chief Deputy Richard W Stewart CUM�y&E���RR rAy��� FC, f�q��TY Solicitor OPPCE OF THEE `R1Fr PENNS F LVf�,MA Louis J. Harford, PLS Case Number vs. Stanley M. Deimler let al.) 2013-2487 SHERIFF'S RETURN OF SERVICE 06/27/2013 01:21 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, 4622 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Nathan Kelso, Branch Manager, 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 him/her. 07/10/2013 05:09 PM-Amanda Cobaugh, Deputy, being duly sworn according to law, states that on July 10, 2013 at 5:09 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: Stanley M. Deimler at 15 N. Enola Road, East Pennsboro Township, Enola, PA 17025, and informed Defendant of contents of same. No levy done at this time as defendant indicated he had filed for bankruptcy. 07/10/2013 05:09 PM-Amanda Cobaugh, Deputy , being duly sworn according to law, states that on July 10, 2013 at 5:09 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: Stanley M. Deimler at 15 N. Enola Road, East Pennsboro Township, Enola, PA 17025, and informed Defendant of contents of same. No levy done at this time as defendant indicated he had filed for bankruptcy. 07/10/2013 05:09 PM-When Mr. Deimler was served, it was learned that Marlene Deimler had just recently passed away. 07/10/2013 05:09 PM-When Mr. Deimler was served, it was learned that Marlene Deimler had just recently passed away. 07/26/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law,states this writ of execution is returned as STAYED at request of plaintiffs attorney. SHERIFF COST: $149.55 SO ANSWERS, July 26, 2013 RONNY R ANDERSON, SHERIFF , . {c}countySuite Sheriff,Teleosoft,67c,