HomeMy WebLinkAbout04-6302
09-3-03
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NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE .. .
PLAINTIFF: NAME and ADDRESS
fBINIEK JR, PAUL E "I
703 HIGHLAND AVENUE
NT HOLLY SPRINGS, PA 17065
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No..
DJ Name: Hon.
SUSAN K. DAY
Address 229 MILL STREET, BOX 167
NT. HOLLY SPRINGS, PA
VS.
Telephone. (717) 486-7672
17065
DEFENDANT: NAME and ADDRESS
fTATE, WESLEY
95 ZION ROAD
CARLISLE, PA 17013
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Docket No.: cv- 0000293 - 04
Date Filed: 9/29/04
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PAUL E. BINIEK JR
703 HIGHLAND AVENUE
NT HOLLY SPRINGS, PA 17065
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THIS IS TO NOTIFY YOU THAT:
Judgment: nRFAUT.T JUnAMRN'l' PT.TF
[i] Judgment was entered for: (Name) 'RT~TR'R'.lR, P1\lTT. R
[i] Judgment was entered against: (Name) TATR, WR~T.RY
in the amount of $
1,4~1 _00 on:
(Date of Judgment)
11/1 '-/04
D Defendants are jointly and severally liable.
D Damages will be assessed on:
(Date & Time)
D This case dismissed without prejudice.
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 1,360.00
$ 71.00
$ .00
$ .00
$ 1,431.00
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. 9 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $ 1,431.00
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTrZR THE ENTRY OF JUDGMENT BY FILINC A NOT!CE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
, District Justice
~yJ
ntaining the judgment.
, District Justice
My commission expires first Monday of January, 2010 .
SEAL
AOPC 315-03
DATE PRINTED:
12/15/04
2:37:39 PM
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
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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 C Uivl 1,...,. (....,c1
for debt, interest and costs, upon the following described property of the defendant(s)
-Al.Lr.(,V<'o~",{ ~-eA7 eX I,Jcd-e7 T"t-c.
County,
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CIA "'" ~~V (",... J County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if reai
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date
3. (7-0)
Signature:
Print Name:
Address:
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Attorney for:
Telephone: d;).<O- 4' 44
Supreme Court 10 No.:
(over)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PAUL E BINIEK, JR Plaintiff (s)
N004-6302 Civil
CIVIL ACTION - LAW
From WESLEY TATE, 95 ZION ROAD, CARLISLE, PA 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF WESLEY TATE.
(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
(5) 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 helshe has been added as a
garnishee and is enjoined as above stated.
Amouut Due $1,431.00
Iuterest
Atty's Comm
L.L.
%
Due Prothy $1.00
Other Costs
Atty Paid
Plaintiff Paid $34,25
Date: 3117/05
(Seal)
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Duty
REQUESTING PARTY:
Name PAUL E BINIEK, JR
Address: 703 HIGHLAND AVENUE
MT. HOLLY SPRINGS, PA 17065
Attorney for: Plaintiff
Telephone: 717-226-4144
Supreme Court 10 No.
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Bad Check Charge
Postage
TOTAL $
18.00
28.62
10.00
1.00
7.70
20.00
20.00
15.00
.74
121.06
Pd by Defendant
Sworn and Subscribed to before me
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By, Claudia A. Brewbaker
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WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N004-6302 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PAUL E BINIEK, JR Plaintiff (s)
From WESLEY TATE, 95 ZION ROAD, CARLISLE, P A 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF WESLEY TATE.
(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 ofthe 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 tn notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,431.00
Interest
L.L.
Atty's Comm
%
Due Prothy $1.00
Other Costs
Arty Paid
Plaintiff Paid $34.25
Date: 3117105
(Seal)
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D uty
REQUESTING PARTY:
Name PAUL E BINIEK, JR
Address: 703 HIGHLAND AVENUE
MT. HOLLY SPRINGS, P A 17065
Attorney for: Plaintiff
Telephone: 717-226-4144 0 I J. ... z.
Supreme Court ID No.
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ATTORNEY Michael Traxler
WRIT NO. 2004-6302 Civil
Paul E. Biniek, Jr.
-vs-
Wesley Tate
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous Attorneys Fees
DISTRIBUTION
$
1431.00
$ 1465.25
Sheriffs Costs:
Docketing
Poundage
Posting Sale Bills
Law Library
Prothonotary
Service
Postage
Advertising
Postpone Sale
Bad Check Charge
Surcharge
Garnishee
Levy
TOTAL
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
34.25
$
18.00
28.62
1.00
7.70
.74
10.00
15.00
20.00
20.00
$
1465.25
150.00
1.00
$
$
121.06
1586.31
150.00
1736.31
So Answers:
.~~~."
R. Thomas Kline, Sheriff
ByL~'1JrL.J~~al~
$