HomeMy WebLinkAbout02-0801Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lcrnoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
ERIN CAREY,
Plaintiff
V.
CHRIS CUSSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.o. -eol
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please transfer and enter judgment according to the Notice of Judgment entered by the Honorable Thomas A.
Placey on March 26, 2001, a copy of which is attached hereto, the time for appeal having expired, and assess
damages in favor of the Plaintiff and against the Defendant as follows:
Amount of Award $4,913.50
Costs $ 118.50
Total $5,032.00
Dated:
:153959
Damages assessed as above: //~
Prothonotary (~ -
Date: %L~
Respectfully submitted, ·
JOHNSON, DUFFLE, STEW~IDNER
Attorney I.Bb~. 75906
301 Market ~reet
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERr,AND
Mag. Oist. No,:
09-3-04
DJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S. SPORTING HILL P,D.
MECHANICSBUKG, PA
re~eph;,,: (717) 761-8230 17050
ERIN CAREY
1810 NORTH ONION ST
MIDDLETOWN, PA 17057
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FCAEEY, ERIN
NOTICE OF JUDGMENT/TRANSCRIPT
1810 NORTH ONION ST
MIDDLETOWN, PA 17057
VS.
DEFENDANT:
UCUSSON,
6280 CARLISLE PIKE',.
LOT 204
~.tECHANICSBURG, PA 17050
Docket No.: C~. 0000018- 01
Date Filed: 1/08/01
THIS IS TO NOTIFY YOU THAT:
Judgment:
~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name)
FOR
i"".A'~*I~: 'l~'g T'KT
in the amount of $
on:
Defendants are jointly and severally liable·
Damages will be assessed on: .
This case dismissed Without PrejudiCe.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ~--~ generally stayed.
Objection to levy has been filed and hearing will be held:
d'rmTS
(Date of Judgment)
(Dateay!me) ..
Amount of Judgment ,
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ 118:50
$.
$ .00
$ 5,032.00
Date:
Time:
Place:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NQ~E OF JUDGI~T~RIPT FORM WITH YOUR NOTICE OF APPEAL.
J/~ ~/~ Date.
I certify that this is a true ar~ c~e record of the pr~ceedings~ntaining the judgment
~'~/~ ~)/~0/ Dat~"""~-- =' ,, l -/~ / /~ ' District Justice
My commission expires first Monday of J~ 200~ SEAL
AOPC 315-99
ERIN CAREY
CHRIS CUSSON
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 314-9 Etc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No. Term, 20
No. t'5~l_ ~ ?0[ Term, 20
vs.
Amount Due .$ 4.913.50
Interest From
Attorney's Com.
Costs
.$ 118.50
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) Against Chris Cusson
6280 Carlisle Pike. Lot 204. Mechanicsburg. PA 17055 Defendant (s);
(3) ' and against Mellon Bank. 2 W. Main Street. Mechanicsburg. PA 17055
(4) and index this writ
(a) against Chris Cusson
6280 Carlisle Pike. Lot 204. Mechanicsburg. PA 17055
Garnishee (s);
Defendant (s) and
(b) against
Mellon Bank. 2 W. Main Street. Mechanicsburg. PA 17055
Garnishee (s),
as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
Real property owned by Defendant, known and numbered as 6280 Carlisle Pike, Lot 204, Mechanicsburg, PA 17055. Levy,
attach, and sell all personal property of Defendant at said location, including all furniture, automobiles, electronic
equipment, and all other moveable personal property located at 6280 Carlisle Pike, Lot 204, Mechanicsburg, PA.
Attach all funds and accounts of the Defendant, CHRIS CUSSON, on deposit with
MEI.LON BANK, 2 W. Main Street, Mechanicsburg, Pennsylvania, 17055.
Date:(5) Exemption~_ / ~FfO .9._has (not) been waived. ~~''"~ C / '~~
/ Attorney f~P~intiff (s)
153961
NOTE
Under paragraph (1) when the ~vrit is directed to the sheriff of another county as authorized by Rule 3 103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriffof the county in which issued.
Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a).
When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See
Rule 3104(c).
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIN CAREY
VS.
CHRIS CUSSON
Plaintiff(s),
Defendant(s),
VS.
MELLON BANK, N.A.,
Garnishee.
writsl
No. 02-801
Praecipe for Appearance
Code: 200 Execution
Filed on Behalf of Garnishee,
Mellon Bank, N.A.
Counsel of Record for
this Party:
Daniel S. Bemheim, 3d, Esquire
Attorney ID No. 32736
Silverman Bernheim & Vogel
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
(215)-636-4468
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE
TO:
Office ofthe Prothonota~
One CouAhouse Square
CouAhouse
Cadisle, PA 17013-3387
Sir:
Kindly enter my appearance on behalf of Garnishee, Mellon Bank, N.A.
Daniel S. Bernheim, 3d, Esquire
Silverman Bemheim & Vogel
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
writsl
Certificate of Service
I, Daniel S. Bernheim, 3d, hereby certify that a true and correct copy of this Praecipe
for Appearance has been served upon the following by depositing it in the U. S. Mail, postage
prepaid, this ~ day of ~ ~ ,2002.
Mark C Duffie, Esquim
301 Manet Street
P OBox 109
Lemoyne PA 17043-0109
Daniel S. Bernheim, 3d, Esquire
writsl
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2002-00801 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CAREY ERIN
VS
CUSSON CHRIS
And now BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0013:00 Hours, on the 1st day of March , 2002, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
CUSSON CHRIS , in the
hands, possession, or control of the within named Garnishee
MELLON BANK 4101 CARLISLE PIKE
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
MARCY CRANDY (TELLER/ MANAGER)
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
R. Thomas Kj~ne . /]
Sheriff of/C~mberlanc]
00 00 0000
By y /~ / /I t/~ _
Dep~ty~S~eri f f /
this 7~ day of~/h~
_~:L A.D.
Prc~t~onotary
So answers:
Sworn and subscribed to before me
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-801 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COLrNTY:
To satisfy the debt, interest and costs due ERIN CAREY, PLANTIFF(S)
From CHRIS CUSSON, 6280 CARLISLE PIKE, LOT 204, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant(s) and to sell LEVY, ATTACH, AND
SELL ALL PERSONAL PROPERTY OF DEFENDANT AT SAID LOCATION, INCLUDING ALL
FURNITURE, AUTOMOBILES, ELECTRONIC EQUIPMENT AND ALL OTHER MOVEABLE
PERSONAL PROPERTY LOCATED AT 6280 CARLISLE PIKE, LOT 204, MECHANICSBURG,
PA
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of ATTACH ALL FUNDS AND ACCOUNTS OF THE DEFENDANT, CHRIS CUSSON, ON
DEPOSIT WITH MELLON BANK, 2 W. MAIN STREET, MECHANICSBURG, PA 17055
GARNISHEE(S) as follows:
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 aitachment 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 $4,913.50
Interest
Atty's Comm %
Arty Paid $32.25
Plaintiff Paid
Date: FEBRUARY 14, 2002
REQUESTLNG PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: 301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
L.L. $.50
Due Prothy $1.00
Other Costs $118.50
CURTIS R. LONG
Prothonotary, Civil Division
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 2.32
Advertising
Law Library .50
Prothonotary 1.00
Mileage 17.96
Misc.
Surcharge 30.00
Levy 60.00
Post Pone Sale
Garnishee 9.00
118.76
Advance Costs: 150.00
Sheriff's Costs: 118.76
31.26
Refundedto Attyon 10/11/02
Swom and Subscribed to before me
this 15~ day of 0e~-.f~
2002 A.D. (~, t~. ~ tl~~
protffonfoiary
So Answers;
R. Thomas Kline, Sheriff
PRAEC1PE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 314-9 Etc.
ERIN CAREY
CHRIS CUSSON
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No. _(20_ - aOO I Term, 20
No. Term, 20
Amount Due ~$ 4,913.50
Interest From
Attorney's Com.
: Costs $. 118.50
TO THE PROTHONOTARY OF SAID COURT:
(1)
(2) Chris Cusson
Directed to the Sheriff of
Against
(3) and against
(4) and index this writ
(a) against
Please issue WRIT OF EXECUTION in the above matter,
Cumberland County, Pennsylvania;
6280 Carlisle Pike. Lot 204. Mechanicsburg. PA 17055
Chris Cusson
6280 Carlisle Pike. Lot 204. Mechanicsburg. PA 17055
Defendant (s);
Garnishee (s);
Defendant (s) and
(b) against
Garnishee (s),
as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
Real property o~vned by Defendant, known and numbered as 6280 Carlisle Pike, Lot 204, Mechanicsburg, PA 17055. Levy,
attach, and sell all personal property of Defendant at said location, including all Jhrniture, automobiles, electronic
equipment, and all other moveable personal property located at 6280 Carlisle Pike, Lot 204, Mechanicsburg, PA.
(5)
Date:
: 153961 ~2
Exemption has (not) been waived.
Attorney for~ltintiff (s)
NOTE
t Jn der paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a).
When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See
Rule 3104(c)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-801 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ERIN CAREY, Plaintiff (s)
From CHRIS CUSSON, 6280 CARLISLE PIKE, LOT 204, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY, ATTACH, AND
SELL ALL PERSONAL PROPERTY OF DEFENDANT AT SAID LOCATION, INCLUDING ALL
FURNITURE, AUTOMOBILES, ELECTRONIC EQUIPMENT, AND ALL OTHER MOVEABLE
PERSONAL PROPERTY LOCATED AT 6280 CARLISLE PIKE, LOT 204, MECHANICSBURG,
PA.
(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 $4,913.50 L.L.
Interest
Atty's Comm % DueProthy $1.00
AttyPaid $163.51 Other Costs
Plaintiff Paid
Date: DECEMBER 18, 2002
(Seal)
CURTIS R. LONG
Prothonot~
Deputy ~ -
REQUESTING PARTY:
Name MARK C. DUFFIE, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P.O.BOX 109
LEMOYNE, PA 17043-0109
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 75906
R. Thomas Kline, Sheriff, who being duly sWorn according to law, states
this writ is returned STAYED, DUE TO TCY, no action taken in six months.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.12
Advertisivg
Law Library
Prothonotary 1.00
Mileage 6.90
Misc.
Surcharge 30.00
Levy
Post Pone Sale
Garnishee
TOTAL. $ 57.02
Advance Costs: 150.00
Sheriff's Costs: 57.02
92.98
Refunded to Atty on 9/09/03
Sworn and Subscribed to before me
this /6 ~ day of ~
2003 A.D. Proth~t~/~ ~d'g~% ~
So Answers;..