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HomeMy WebLinkAbout13-5765 COMMONWEALTH OF PENNSYLVANIA Notice of JudgmentlTranscriptCiyil COUNTY OF CUMBERLAND � ' - Case Mag. Dist. No: MDJ- 09 -3 -04 Hobart & Elena Reisinger MDJ Name: Honorable Paula P. Correal V Address: 5275 East Trindle Road Debra Walters Suite 110 Mechanicsburg, PA 17050 " Telephone: 717- 697 -2201 M C:) rT Hobart &Elena Reisinger Docket No: MJ- 09304 X00&7 -2xM - 3 60 Old Pioneer Road Case Filed: 5/14/2013`_p-; Camp Hill, PA 17011 a,. CD .;.=^ Disposition Summary Docket No Plaintiff . Defendant Disposition Disposition Date MJ- 09304 -CV- 0000167 -2013 . Hobart & Elena Reisinger Debra Walters Default Judgment for Plaintiff 08/19/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Debra Walters $0.00 $1,143.34 $1,143.34 Hobart & Elena Reisinger $0.00 $0.00 $0.00 Judgment Detail ('Post Judgment) In the matter of Hobart & Elena Reisinger vs. Debra Walters on 8/19/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $950.00 $950.00 Filing Fees $0.00 $89.00 $89.00 Costs $0.00 $7.00 $7.00 Server Fees $0.00 $97.34 $97.34 Grand Total: $1,143.34 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 JUDGMENT /TRANSCRIPT 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. Date, for a isterial District Paul P. re g t a Cor al _sue certify that this is a true and correct copy of the recorde roceedmgs ont Wing t e lu me 0 o t /3 Date Magisterial District Judge MDJS 315 Page 1 of 2 Printe���20�3 2:30:56PM k� ups/ Hobart & Elena Reisinger Docket No.: MJ- 09304 -CV- 0000167 -2013 V. Debra Walters Participant List Plaintiff(s) N Hobart & Elena Reisinger 60 Old Pioneer Road Camp Hill, PA 17011 Defendant(s) Debra Walters LF.C.O. 317,7.Biglerville Road Biglerville, PA ' 73� Q I r i MDJS 315 Page 2 of 2 Printed: /_19/2013 2.30:56PM HOBART and ELENA REISINGER, 60 Old Pioneer Road Camp Hill, PA 17011 Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2013-05765 DEBRA WALTERS, I.F.C.O. 3177 Biglerville Road Biglerville, PA 'r7 30 7 Defendant : JUDGMENT PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter, (1) Directed to the Sheriff of County of Cumberland; (2) Against Debra Walters; (3) Against Wachovia Bank, Garnishee; _ 320 5 (4) And index this Writ (a) Against Debra Walters, Defendant, r - r; KK n--1 70 C73 C) --r- CD C CCD -12 C (b) Against Wachovia Bank, as Garnishee, against property of the Defendant as follows: any other accounts held by Debra Walters, Defendant. (5) Amount Due $1,143.34 Interest Due from Aug.9, 2013 $ 48.15 Costs incurred since Aug 9, 2013 $ 33.25 Interest on Attorney Fees and Costs from $ TOTAL: $1,224.74 izi /701/ Date: Lib 8%�� qt' 9 d 3/. 25 eds4 0-- 3 ac -3e lXli/f- /s s e / Respectfully submitted, James K. Thomas, II, Esq. 15631 19 S. Terrace Dr. Dillsburg, PA 17019 (Attorneys for Plaintiff) D(ie 6, ‘A -o-aG� THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net HOBART and ELENA REISINGER 60 Old Pioneer Road Camp Hill, PA 17011 Vs. NO 13-5765 Civil Term CIVIL ACTION — LAW DEBRA WALTERS I.F.C.O 3177 Biglerville Road Bigerville, PA 17307 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DEBRA WALTERS Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of WACHOVIA BANKGARNISHEE(S), as garnishee, 3205 Trindle Road, Camp Hill, PA 17011 (Specifically describe property) and to notify the garnishee that any other accounts held by DEBRA WALTERS, defendant. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,143.34 Plaintiff Paid $60.25 Interest due from Aug. 9, 2013 - $48.15 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs incurred since Aug 9, 2013 - $33.25 Date: 5/5/2014 (Sean' REQUESTING PARTY: Name : James K. Thomas, II, Esq. Address: 19 S. Terrace Dr. Dillsburg, PA 17019 Attorney for: Plaintiffs Telephone: Supreme Court ID No. 15631 David D. Buell, Prothonotary By: Deputy MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff :.Iii T H E P R O T H O N O T tt Jody S Smith Chief Deputy Richard W Stewart Solicitor 4"xl 0.FFIG6OFTHE SRIF= 2014 MAY 14 Ali IO': 38 CUMBERLAND COUNTY PENNSYLVANIA Hobart & Elana Reisinger (et al.) vs. Debra Walters Case Number 2013-5765 SHERIFF'S RETURN OF SERVICE ,05/12/2014 11:35 AM - 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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jennifer Krug, Teller, 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 May 13, 2014 to Debra \Iters at 3177 Biglerville Road, Biglerville, PA 17307. May 13, 2014 (c) CountySuilo She f, Tekosott. Inc. Lit IAN1lCLIN DEPUTY SO ANSWERS, RONN R ANDERSON, SHERIFF SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee HOBART AND ELENA REISINGER vs. DEBRA WALTERS I.F.C.O and WACHOVIA BANK, GARNISHEE PENNS )'L NIA. N : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 13-5765 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, Garnishee in the above -captioned matter. Date: e 1-A JON CAI IN Attorney for garnishee SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee HOBART AND ELENA REISINGER vs. 1:_t_-OEfdC:E ,;. THE PROTHONOTARY NOTAi, 2014 JUN 2 7 PM 3: 114 CUMBER L4LD VAH,A COUNTY : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND DEBRA WALTERS I.F.C.O : NO. 13-5765 and WACHOVIA BANK, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: HOBART AND ELENA REISINGER, Plaintiff 1. No. 2.-6. Judgment Debtor has an interest in the following accounts, withdrawals from which has/have been restricted pursuant to this writ; Deborah R. Walters (1989).with a balance of $3.00 Deborah R. Walters (8235) with a balance of $230.31 Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached funds, if any. 7. (Q) 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 identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) 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 the general monetary exemption under 42 Pa.C.S. § 8123? (A) The first $300.00 on deposit (if an may be ex pt pursuant to Judicial Code, 42 Pa.C.S. Section 8123 and therefore has not been held. This a�- ou is tin ded in Number 2 above. Dated: "-1--\'"y-k SI'l IN or Garnishee 4 • ,. r WELLS O Wells Fargo Bank, N.A. Liens, Levies & Garnishments 101 N. Independence Mall East MAC Code# Y1372-113 Philadelphia, PA 19106 VERIFICATION Phyllis Brummett, being duly sworn according to law, deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank, NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. Date: e,, // Phyll1 Brummett Legal Order Processing Associate SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire, I.D. No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee HOBART AND ELENA REISINGER vs. -,PL Eb /1E: PROTH 1"101W 2014 SEP -813 C(jfileEPti .RL AND COtp--r y •. COURT OF COMMON PLEAS • COUNTY OF CUMBERLAND DEBRA WALTERS I.F.C.O : NO. 13-5765 and WELLS FARGO BANK, GARNISHEE : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, WELLS FARGO BANK Garnishee, Wells Fargo Bank, hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: Other: Costs are hereby taxed in the amount of $ $350.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $350.00 PROTHONOTARY BY: , 2014. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF=,rr.CFfl F wcRl r1E54} l J7.P,! 12 PENNSYLVAl'LA. Hobart & Elana Reisinger (et al.) vs. Debra Walters Case Number 2013-5765 SHERIFF'S RETURN OF SERVICE 05/12/2014 11:35 AM - 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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jennifer Krug, Teller, 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 May 13, 2014 to Debra Walters at 3177 Biglerville Road, Biglerville, PA 17307. 01/08/2015 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: $89.76 SO ANSWERS, i r -r January 08, 2015 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Toleosofi. inc S'v /2-,d THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net HOBART and ELENA REISINGER 60 Old Pioneer Road Camp Hill, PA 17011 Vs. NO 13-5765 Civil Term CIVIL ACTION — LAW DEBRA WALTERS I.F.C.O 3177 Biglerville Road Bigerville, PA 17307 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DEBRA WALTERS Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of WACHOVIA BANKGARNISHEE(S), as garnishee, 3205 Trindle Road, Camp Hill, PA 17011 (Specifically describe property) and to notify the garnishee that any other accounts heldby DEBRA WALTERS, defendant. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,143.34 Interest due from Aug. 9, 2013 - $48.15 Attorney's Comm. % Attorney Paid Date: 5/5/2014 (Seal) REQUESTING PARTY: Name : James K. Thomas, II, Esq. Address: 19 S. Terrace Dr. Dillsburg, PA 17019 Attorney for: Plaintiffs Telephone: Supreme Court ID No. 15631 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Plaintiff Paid $60.25 Law Library $.50 Due Prothonotary $2.25 Other Costs incurred sin dir David D. 1, Prothonotary e Aug 9, 2 $33.25 By: Deputy TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the s ai of said Court at Carlisle, Pa. �� This -day of , 20-1L_ Prothonotary 2