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HomeMy WebLinkAbout13-6313 v HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA - , UZI C) - DENISE BURNS, rn f} Defendant PRAECIPE TO ENTER TO THE PROTHONOTARY: Please enter judgment in the above - captioned matter in favor of Plaintiff, HCR ManorCare, Inc. and against the Defendant, Denise Burns the amount of $36,510.60 as shown on the attached exemplified record. Respectfully submitted, 7 C SCHERER LLC David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249 -6873 3 A/6 s 0 Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. VS. Case No. 2012-01798 DENISE BURNS CIVIL DIVISION CERTIFICATION COMMONWEALTH OF PENNSYLVANIA: :ss COUNTY OF LEBANON I, Lisa M. Arnold, Prothonotary of the Court of Common Pleas of Lebanon County, Pennsylvania, do hereby certify that the above and foregoing pages contain a true copy and correct transcript of the docket entries, which form the whole record in the foregoing suit, and that Judgment has been entered and certified in favor of the Plaintiff and against the Defendant(s) in the sum of $36,510.60 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court at Lebanon, Pennsylvania, this Ninth day of October, 2013. Prothonotary �� Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. Vs. Case No. 2012 - 01798 DENISE BURNS CIVIL DIVISION Docket Entries 1 through 12 09/19/2012 DAVID A. BARIC / PETITION, FILED. *I* TO APPOINT ARBITRATOR 09/19/2012 /S/ JOHN C. TYLWALK, P.J. Date Signed: 09/20/2012 / RULE TO SHOW CAUSE FILED. *I* RTNBL 14 DAYS FM SERVICE 09/19/2012 Date Signed: 09/20/2012 / PROTHONOTARY CERTIFICATE OF SERVICE *I* SEE SCANNED I14AGE FOR SERVICE 10/04/2012 DAVID A. BARIC / AFFIDAVIT OF SERVICE, FILED. *I* 10/12/2012 ; Date Signed: 10/04/2012 / SHERIFF'S RETURN, FILED. *I* 11/08/2012 DAVID A. BARIC / PRAECIPE TO REINSTATE COMPLAINT FILED. *I* 12/13/2012 Date Signed: 12/06/2012 / SHERIFF'S RETURN, FILED. *I* 12/21/2012 DAVID A. BARIC / MOTION FOR ALTERNATIVE SERVICE, FILED. *I* CERT. OF SERVICE 12/21/2012 /S/ JOHN C. TYLWALK, P.J. Date Signed: 12/28/2012 j ORDER RE MOTION FOR ALTERNATIVE SERVICE IS GRANTED, FILED. *I* 12/21/2012 Date Signed: 01/02/2013 / PROTHONOTARY CERTIFICATE OF SERVICE *I* ATTY BARIC,D.BURNS, NOTIFIED 02/13/2013 DAVID A. BARIC / AFFIDAVIT OF SERVICE, FILED. *I* X2/21/2013 DAVID A. BARIC / PETITION TO MAKE RULE ABSOLUTE, FILED. *I* CERT. OF SERVICE Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. Vs. Case No. 2012 -01798 DENISE BURNS CIVIL DIVISION Docket Entries 13 through 20 02/21/2013 /S/ JOHN C. TYLWALK, P.J. Date Signed: 02/28/2013 / ORDER RE PETITION TO MAKE RULE ABSOLUTE, FILED. *I* GRTD;JON ARNOLD,ESQ TO SERVE AS ARBITRATOR 02/21/2013 Date Signed: 03/01/2013 / PROTHONOTARY CERTIFICATE OF SERVICE *I* ATTYS BARIC,ARNOLD,D.BURNS, NOTIFIED 04/09/2013 JON F. ARNOLD / NOTICE OF ARBITRATION HEARING FILED. *I* 5/8/2013 C 9:00 AM IN RIii 312;CERT. OF MAILING 05/30/2013 DAVID A. BARIC / APPLICATION, FILED. *I* TO CONFIRM ARBITRATION AWARD;CERT.SERVICE;PPSD ORD 05/30/2013 /S/ JOHN C. TYLWALK, P.J. Date Signed: 05/31/2013 / ORDER, FILED. *I* ARBITRATION AWARD CONFIRMED;JUDG FOR $36,510.60 05/30/2013 Date Signed: 06/03/2013 / PROTHONOTARY CERTIFICATE OF SERVICE *I* ATTY BARIC,D.BURNS, NOTIFIED 06/07/2013 DAVID A. BARIC / PRAECIPE TO ENTER JUDGMENT; DEFENDANT NOTIFIED; JUDGMENT ENTERED. *I* JUDG ON ORDER IN AMT OF $36,510.60 09/25/2013 DAVID A. BARIC / PRAECIPE TO ISSUE A WRIT OF EXECUTION AGAINST A DEFENDANT, FILED. *I* Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time:13:25:00 HCR MANORCARE, INC. VS. Case No. 2012-01798 DENISE BURNS CIVIL DIVISION COMPLETE CAPTION Plaintiff(S) Attorney HCR MANORCARE, INC. DAVID A. BARIC 900 TUCK ST LEBANON PA 170420000 Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. Vs. Case No. 2012 -01798 DENISE BURNS CIVIL DIVISION COMPLETE CAPTION Defendant (s 1 Attorney DENISE BURNS 124 HONEYSUCKLE DR MARIETTA.PA 175470000 Date: 10/09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. Vs. Case No. 2012 -01798 DENISE BURNS CIVIL DIVISION COMPLETE CAPTION Additional Party(ies) Attorney Date: 10 /09/13 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 13:25:00 HCR MANORCARE, INC. Vs. Case No. 2012-01798 DENISE BURNS CIVIL DIVISION INDEX ENTRIES Party Indexed as P. : HCR MANORCARE, INC. First Opposing Party: DENISE BURNS Comment . . . . : PETITION Filed on: 09/19/2012 Microfilmed at: j Judgment Amount: Party Indexed as D. : BURNS, DENISE First Opposing Party: HCR MANORCARE, INC. Comment . . . . : PETITION Filed on: 09/19/2012 Microfilmed at: / Judgment Amount: Party Indexed as . : BURNS, DENISE First Opposing Party: HCR MANORCARE, INC. Comment . . . . : JUDG ON ORDER /EXE Filed on: 06/07/2013 Microfilmed at: / Judgment Amount: $36,510.60 r CERTIFICATE OF SERVICE I hereby certify that on October 24, 2013, 1, David A. Baric, Esquire of Baric Scherer, did serve a copy, of a Praecipe To Enter Judgment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Denise Burns 6107 Mockingbird Drive Mechanicsburg, Pennsylvania 17050 David A. Baric, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION HCR ManorCare, Inc. ❑Confessed Judgment Plaintiff ✓❑Other vs. File No. 2013-6313 Denise Burns Amount Due $36,510.60 Defendant Interest Address: Atty's Comm 6017 Mockingbird Drive Costs 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 o'riginat*' 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) please perform a levy on any and all personal property located at 6017 Mockingbird Drive, Mechanicsburg, PA 17050 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s)in the possession,custody or rol of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis n 0� hst stat o e fe it(s)described in the attached exhibit. Date �� e WTI Signature: �8 Ida f}t7 Print Name: David A. Baric, Esquire 33• C 13F J Address: 19 West South Street Carlisle, PA 17013 Q c7 !O Attorney for: Plaintiff �O Telephone: (717) 249-6873 Supreme Court 44853 gr1P0 W/!� ©7 7 �k 7-S_5 ve WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-6313 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HCR ManorCare,Inc.Plaintiff(s) From Denise Burns (1) You are directed to levy upon the property of the defendant(s)and to sell please perform a levy on any and all personal property located at 6017 Mockingbird Drive,Mechanicsburg,PA I7050 (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$36,510.60 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$62.00 Due Prothonotary$2.25 Other Costs$ Date: 10/31/2013 David D. Buell,Prothonotary f` Deputy REQUESTING PARTY: Name: David A. Baric,Esq. Address: 19 West South Street Carlisle,PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No.44853 HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-6313 DENISE BURNS, Defendant PRAECIPE TO AMEND WRIT OF EXECUTION TO THE PROTHONOTARY: Please amend the Writ of Execution issued in the above matter on October 31, 2013 to reflect the correct address for the Defendant, Denise Burns to be 2 Walnut Street, Mt. Joy, Lancaster County, Pennsylvania 17552 and to direct the Sheriff of Lancaster County, Pennsylvania to perform the levy in this matter. Respectfully submitted, BARIC SCHERER / t l David A. Baric, Esquire Date: November 21, 2013 I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 M a) AM em DlF-(-*) y, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-6313 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF _1-,q1V C,}57VP.COUNTY: To satisfy the debt,interest and costs due HCR ManorCare,Inc.Plaintiff(s) From Denise Burns (1) You are directed to levy upon the property of the defendant(s)and to sell please perform a levy on any and all personal property located at .9 t�C�al nuf 5�. Mt, 7 o3 r� f 755 (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$36,510.60 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$62.00 Due Prothonotary$2.25 Other Costs$ Date: 10/31/2013 ' David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name :David A. Baric,Esq. Address: 19 West South Street Carlisle,PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No. 44853 HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO'. 2013-6313 DENISE BURNS, Defendant PRAECIPE TO REISSUE TO THE PROTHONOTARY: Please reissue the Writ of Execution issued in the above matter on October 31, 2013. Respectfully submitted, ERIC SCHERER LL Cam' MOD "n :4 -w.r" T"E'i fiT1 David A. Baric, Esquire =-Q _C= I.D. 44853 "< ' co 19 West South Street , - R� Carlisle, Pennsylvania 17013 '; (717) 249-6873 )' ca 'Po A90 30/?S3P In the Court of Common Pleas of Cumberland County, Pennsylvania HCR MANORCARE, INC., Vs. DENISE BURNS NO 2013 -6313 Civil Term CIVIL ACTION — LAW /7r WRIT OF EXECUTION (Pa R.C.P. 3252) COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2013 -6313 Civil CIVIL ACTION — LAW TO THE SHERIFF OF LANCASTER COUNTY: To satisfy the judgment, interest and costs against HCR MANORCARE, INC., Plaintiff (s) From DENISE BURNS, 2 WALNUT ST., MT. JOY, PA 17552 (1) you are directed to levy upon the property of the defendant (s)and to sell the defendant's interest therein; any and all personal property located at 2 Walnut Street, Mt. Joy, PA 17552. (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: (a) an attachment has been issued; (b) exempt as .provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10.000 of each account of the defendant 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) any funds in an account of the defendant with a bank or other financial institution that total $300 or Tess. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 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 garnishee and is enjoined as above stated. Amount Due $36,510.60 Plaintiff Paid $ Interest Interest from Attorney's Comm. % Law Library $.50 Attorney Paid $62.00 Due Prothonotary $2.25 Other Costs $ Date: 10/31/2013 , . REQUESTING PARTY: Name : DAVID A. BARIC, ESQ. Address: 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717- 249 -6873 Supreme Court ID No. 44853 lasezeLI Puef,e_ David D. Buell, Prothonotary 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 Deputy