HomeMy WebLinkAbout04-6409
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04- b<tO'1 e'~tl '[-8L.~
CIVIL ACTION
MCSHANE & HITCHINGS, LLC
vs.
MICHAEL ALLOWAY
Defendant
ENTRY OF APPEARANCE
PRAECIPE FOR ASSESSMENT OF DAMAGES
AND CONFESSION OF JUDGEMENT
TO THE PROTHONOTARY:
Kindly enter our appearance for and on behalf of the Defendant above named.
Pursuant to the authority in the Warrant of Attorney, the original or a copy of
which is attached to the Complaint filed in this action, I hereby appear for the Defendant
in this matter, Michael Alloway, and confess judgment authorized, in favor of the
Plaintiff and against the Defendant for Two Thousand Eight Hundred and Forty Two
Dollars and Fifty Cents ($2842.50).
Respectfully submitted,
McShane & Hitchings, LLC
Date:~
Erin M. Zimmerer,
Attorney LD.# 91
4807 Jonestown Road
Suite 242
Harrisburg, Pennsylvania 17109
#717-657-3900
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-
MCSHANE & HITCHINGS, LLC
vs.
MICHAEL ALLOWAY
Defendant
CIVIL ACTION
COMPLAINT
AND NOW COMES, the Plaintiff, McShane & Hitchings, LLC, by and through
its undersigned Attorney, Erin M. Zimmerer, Esquire and avers in support ofthis
Complaint against Defendant as follows:
1. The Defendant, Michael Alloway, is an adult individual residing at 4230
Wertzville Road, Enola, Cumberland County, Pennsylvania 17025.
2. Plaintiff, McShane & Hitchings, is a Limited Liability Corporation with an
address of 4807 Jonestown Road, Suite 242, Harrisburg, Dauphin County,
Pennsylvania 17109.
3. A true and correct copy ofthe Warrant of Attorney is attached.
4. Judgment by confession is not being entered against a natural person in
connection with a consumer credit transaction.
5. The Warrant has not been assigned.
6. Judgment has not been entered on the instrument in any jurisdiction.
7. Defendant has defaulted on the agreement by failing to pay two hundred fifty
dollars ($250.00) on September 24, 2004. Efforts to obtain payment have not
been fruitful and Defendant has been advised that this failure has accelerated the
contract for payments due per the Warrant of Attorney.
8. This action is being filed in Cumberland County pursuant to the Warrant of
Attorney as that is the County in which the Defendant resides.
9. The Defendant now owes two thousand two hundred and twelve dollars
($2212.00) in payments, a ten percent (10%) penalty of two hundred twenty one
dollars ($221.00), two hundred twenty five dollars ($225.00) in collection fees
and one hundred and eighty-four dollars and fifty cents ($184.50) in filing fees as
agreed upon in the Warrant of Attorney.
10. Wherefore, Plaintiff demands that judgment be entered against the Defendant in a
sum of two thousand eight hundred forty-two dollars and fifty cents ($2842.50) as
authorized by the Warrant of Attorney.
WHEREFORE, Plaintiff, McShane & Hitchings, LLC, requests that this
Honorable Court, enter judgment in its favor and against the Defendant in an amount
ofTwo Thousand Eight Hundred and Forty Two Dollars and Fifty Cents ($2842.50),
plus costs, fees, and other such relief as the Court deems appropriate under the
circumstances.
Respectfully submitted,
McShane & Hitchings, LLC
Date:~
E1~.~~~~~~
Attorney I.D.# 91392
4807 Jonestown Road
Suite 242
Hanisburg, Pennsylvania 17109
#717-657-3900
Attorney for Plaintiff
Justin J. McShane
Justin@1866mcshane.com
MCSHANE & HITCHINGS, LLC
ATTORNEYSATLAW
4807 Jonestown Road
Suite 242
Harrisburg, Pennsylvania 17109
Judy Deeney
Legttl Assistant
Joseph L. Hitchings
Jlh.law@verizon.nct
(717) 657.3900
Fax: (717) 657.2060
Heather M. Clark
Legal Assistant
Non-Refundable Retainer Agreement and Agreement on Fees-Time Payment Option
Dear Mr.Alloway:
You have asked my firm and I to act as your attorney in connection with the below enumerated
matter. I accept the representation on the terms set forth below:
I. I will represent you to the best of my ability in the matter, but can not guarantee that the matter
will be resolved to your satisfaction. I shall keep you fully informed as to the progress of your
case. I will be available to you by telephone or in person for consultation. If no one is available
when you telephone, your call will be returned promptly.
2. You agree to pay my firm an initial retainer fee of one thousand seven hundred dollars ($1700),
which is paid to me as consideration for my agreement to become your attorney and assuring my
future availability in your matter. This retainer fee is not refundable under any circumstances, is
earned by me upon receipt, and represents the minimum fee for the services to be rendered.
3. You agree to pay a flat fee on an a la carle schedule for my services on a per event basis. This
means that all representation will cease at the end of representation for the event listed below.
You have agreed to pay a sum of one thousand three hundred dollars ($ I 300) for my
representation in your son's matters currently pending before the Cumberland County Court of
Common Pleas. The total fee in this matter would be three thousand dollars ($3000). Some
of the work on your case will be done at rates by other attorneys or paralegal assistants or law
students under my personal supervision. You will be billed for their services at their standard
rates if necessary. It is impossible to determine in advance the amount oftime that will be
required to bring your case to a conclusion. I assure you that I will proceed in an expeditious and
efficient fashion and will consult with you in advance if any exceptional activity is necessary. I
expect and require prompt payment of these bills and reserve the right to terminate my
relationship with you should you fail to pay on time.
4. In the even11 am required to institute any legal action for collection of our agreed upon fees or
costs, you agree to pay additional reasonable fees, costs and the value of my time in bringing such
an action. I will charge one hundred and fifty dollars ($150) per hour in any attempt to recover
fees. By signing this document you agree to this fee.
5. Costs will be incurred by me in my handling of this matter. Costs are out-of-pocket expenses,
and can include such items as filing fees, fees for subpoena servers, transcripts (including the
~.::
~
1.866-MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRlM1NAL DEFENSE ATTORNEY
A V 1\ lLABLE 24 HOllRS A DAY SEVEN DAYS ;-\ \XIEEK
stenographer's appearance fee), investigators, appraisers and accountants, excessive
telecopying and photocopying, and excessive postage. They do not include charges for clerical or
secretarial time which are part of my flat fee. These costs are your responsibility and will be
itemized and billed on a bimonthly basis.
6. The payment of the non-refundable retainer will not include any other appearance in court.
You are required to pay an additional sum for additional appearances or actions.
7. The payment of any money does not include the filing of omnibus pretrial motions or bail
modification motions. This payment does not include appearances attendant to bail modification
hearing (e.g., bail forfeiture hearings, bai I revocation hearings). This payment does not include
the filing of motions to reduce or reinstate bail. This payment does not include any sort of
appellate work including but not limited to direct appeals as of right, discretionary appeals,
interlocutory appeals, Petition for Allowance of appeal and PCRA petitions..
8. Should you as the client fail to appear at a hearing or required court appearance, by your
absence, you will have agreed to forfeit the money paid for that appearance to me and will be
required to pay a new fee.
This agreement shall become effective and my representation will commence upon my receipt of
a signed copy of this letter and the specified retainer fee. With said endorsement and payment,
you signify that you agree to all the terms and conditions contained herein.
TIME PAYMENTS
I accept your request for time payments at the following schedule:
Your first payment will be made on the August 25, 2004 in the amount off our hundred eighty
eight dollars ($488). L--
The second payment on the balance of the monies owed will be due on September 10, 2004 by
no later than three o'clock in the afternoon (3 p.m.). This would be a payment of two hundred
fifty dollars ($250). All efforts on your behalf by this firm will cease and you will be charged a
late payment fee of ten percent (10%). In addition, the entire balance outstanding will come due
immediately with a fee assessed at ten percent (10%) as a penalty. "L-
The next several payments will be due on the following dates with money received by my office
no later than three o'clock in the after noon (3 p.m.). If said payments are not made on these
dates and received by these dates, you agree implicitly to the immediate termination of our firm's
efforts and representation on your behalf. In other words, I will not represent you. Further, you
will be assessed a late payment fee often percent (10%). In addition, the entire balance
outstanding will come due immediately with a fee assessed at ten percent (10%) as a penalty. In
the event that payments are made late, the priority of payments will go towards any arrearages
first.
September 24, 2004
$250
October 8, 2004
$250
A..+
'\7
1-866-MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRlM1NAL DEFENSE ATIORNEY
AVAIU\BLE 24 HOURS A Dt\YSEVEN D!\YSA WEEK
October 22, 2004 $250
November 5, 2004 $250
November 19, 2004 $250
December 3, 2004 $250
December 17,2004 $250
December 31, 2004 $250
January 14,2004 $250
January 28, 2004 $22
As mentioned previously, in the event I am required to institute any legal action for collection of
our agreed upon fees or costs, you agree to pay additional reasonable fees, costs and the value of
my time in bringing such an action. I will charge one hundred and fifty dollars ($150) per hour in
any attempt to recover fees. By signing this document you agree to this fee. Additionally, my
signing this agreement I agree that if! were to default for any reason that I am asserting a dual
recognition that: (I) I acknowledge that I intentionally obtained services for myself or for
another which I know is available only for compensation and (2) that I intend to permanently
deprive McShane and Hitchings,m LLC the balance of the monies accumulated and due.
Please execute a copy ofthis agreement where indicated below and return to my office with a
check, money order, cash or credit card transaction for my fee.
Very truly yours,
Justin James McShane, Esquire
By signing this document, I assert that I have read and fully understand all of the provisions and
conditions contained within. Further, I assert that I agree knowingly, intelligently, and
voluntarily to these terms and conditions outlined above. Finally, I acknowledge that this
~
~
1-866-MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE A TIORNEY
AVAILABLE 24 HOURS A DAY SEVEN O....,..lS;\ \XfEEK
document contains the full and complete understanding between the parties and that no
amendments to this agreement will be permitted unless promulgated in writing and signed by the
parties.
\D\\'\[bl\
Date (' .
A
~] Alloway
t.1-w1.~
WARRANT OF ATTORNEY:
In event of default which is measured by a failure to make a timely payment as
outlined above and to secure the payment of credit given and in
acknowledgement for the debt outlined above, I hereby empower the
Prothonotary of any court with proper jurisdiction and authorize irrevocably, any
attorney of any Court of Record to appear in any court with proper jurisdiction for
McShane and Hitchings, LLC at any time hereafter; and confess a judgment
without process, in favor of McShane and Hitchings, LLC for such amount as
may appear to be unpaid thereon, whether due or not together with reasonable
attorney's fees calculated at a rate of ten percent (10%) of the debt owed, court
costs, sheriff's fees and bond costs and to waive and release all errors which
may intervene in any such proceedings and to consent to immediate execution
upon such judgment hereby ratifying and confirming all that said attorney may do
by virtue hereof.
I also waive the right of inquisition of any real estate levied on, voluntarily
condemns the same, authorizes the Prothonotary or clerk to enter the writ of
execution on said voluntary condemnation, I agree that said real estate may be
sold on a writ of execution, and also waive and release all relief from any and all
appraisement, stay or exemption law of any state now in force or enacted in the
future. I acknowledge that the authority and power to appear for and enter
judgment against me will not be exhausted by any single exercise of the
authorized power, and the same may be exercised from time to time as often as
the holder deems necessary or desirable; and this instrument will be a sufficient
warrant.
I expressly waive presentment, demand, notice, protest and all other demands
and notices in connection with the delivery, acceptance, performance, default or
enforcement of this Acknowledgement of Debt, and an action for any amounts
due and unpaid shall therefore accrue immediately.
~
~
1-866-MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATTORNEY
i\VAU.:\BT,F. 24 HOtJRSA Dt\YSE\'EN D:\YS A \l\fEEK
WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO
NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT
JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR
KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO
COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU HAVE
AGAINST THE CREDITOR WHETHER FOR FAILURE ON THEIR PART TO
COMPLY WITH THE AGREEMENT, OR FOR ANY OTHER CAUSE.
I agree that this document constitutes the full and complete understanding of the
parties. No other provisions exist oral or otherwise. This Agreement may only
be amended or modified by a written instrument executed by the parties.
This Agreement will be construed in accordance with and governed by the laws
of the Commonwealth of Pennsylvania and be litigated before the Dauphin
County Court of Common Pleas.
The parties acknowledge that this Agreement is reasonable, valid and
enforceable. However, if a court of competent jurisdiction finds any of the
provisions of this Agreement to be too broad to be enforceable, it is the parties'
intent that such provision be reduced in scope by the court only to the extent
deemed necessary by that court to render the provision reasonable and
enforceable, bearing in mind that it is my intention to give McShane and
Hitchings, LLC the broadest possible enforcement possible to collect the debt
above outlined.
This Agreement will inure to the benefit of and be binding upon the respective
heirs, executors, administrators, successors and assigns, as the case may be, of
the parties.
Having fully read and understood the above and in full contemplation of the
consequences, I hereby knowingly, intelligently and voluntarily enter into this
agreement. I acknowledge that no threats, promises or other forms of coercion
have been used in securing my signature. J {\ d<. ~ Ir ~ (t-Mkrlqk~
Executed this . day of 2004 at ~ JOI ,e.3tewA W, ( . j) AU
Suile-24 (o.M.+j IJJ.PII{I)J D
Signed:
Witnessed:
A.~...,.,..
~
1.866.MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE A ITORNEY
AVATL:\BLE 24 HOURS J\ DAY SEVEN DAYS A WEEK
IMPORTANT NOTICE
McShane & Hitchings, LLC utilizes the services of a Consumer
Collection Agency, otherwise known as a "Collection Agency", for
accounts that are past due. By signing this fee agreement you consent to
having materials in the possession of McShane & Hitchings, LLC
necessary to collect on this debt be released to the "Collection Agency"
used by MCShane & Hitchings, LLC. Such information may include, but is
not limited to any and all contact information (e.g., telephone numbers,
addresses) as well as a copy of this fee agreement and payment history.
Furthermore, you agree to hold McShane & Hitchings, LLC harmless for
any actions taken by the Collection Agency while enforcing this agreement.
You further agree to a flat rate of one and one half hours (1 %) that would
be spent by McShane & Hitchings, LLC in forwarding this matter to the
Collection Agency. The specific Collection Agency employed by McShane
& Hitchings, LLC is subject for change with no prior notice given to you.
Having read all of the above, I knowing ,intelligently, and
voluntarily acknowledge and consen t the 01/: isted terms.
~
1-866-MCSHANE
CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ArrORNEY
j\\I AILABLE 24 I--JOURS A D;\Y SEVEN DAYS A WEEK
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 04-
MCSHANE & HITCHINGS, LLC
Plaintiff,
MICHAEL ALLOWAY
Defendant
CIVIL ACTION
TO THE HONORABLE JUDGES OF SAID COURT:
CERTIFICATE OF SERVICE
I, Erin M. Zimmerer, Esquire, hereby certify that the following service has been
completed in compliance with the Rules of Civil Procedure:
Via first class mail:
Michael Alloway
4230 Wertzville Road
Enola, P A 17025
Respectfully submitted,
McShane & Hitchings, LLC
s~~~~~
Attorney ID # 91392
Attorney for the Petitioner
4807 Jonestown Road
Suite 242
Harrisburg, PA 17109-1739
Telephone: 717-657-3900
Facsimile: 717-657-2060
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
MCSHANE & HITCHINGS, LLC,
vs.
NO. 04-
MICHAEL ALLOWAY,
CIVIL ACTION
Defendant
VERIFICATION
I, Justin J. Mcshane, \I Partner for McShane & Hitchings, LLC, Plaintiff, in the
above-captioned matter, verifY that the statements made in the Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. A. Section 4904 relating to unsworn falsification to authorities.
~
tin J. McShane
-lA.
-p0-
t ~ ~L ~
Co r - tr}
!:-_-Q
~ ~ ~ ~
~?c. f
~ b
~ k
{' ~.
.---..,
.
()
.-,1
, .
l~''-~'
~l
~_.,:\
t-'
'_'r\-
--'~
~,..,.'t,'_~',
\-,,",
',n
S)
~'.~'"i
......-
{"J
e,
, " ,
()
--01
,-, :~---l
. -\-;.
; , l
~ i'\
(,.,)
,1
.,
.....)1
-
PRAECIPE FOR WRIT OF EXECUTION
P. R. C. P. 3101 TO 3149
MCSHANE AND HITCHINGS, LLC
and Justin J, McShane, Esq,
4807 Jonestown Road,
Suite 242
Harrisburg, PA 17109
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
Plaintiffs,
v,
: NO, 04 -1..40'1
C:t~~ l~'TJUVl
Michael Alloway
4230 Wertzville Road
Enola, PA, 17025
Defendant.
: CIVIL ACTION - EQUITY
TO THE PROTHONOTARY OF SAID COURT:
ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Michael Alloway, 4230 Wertzville Road, Enola, P A 17025,
(3)
and against the following Garnishees:
N/A
(4) and index this writ
(a) Michael Alloway, 4230 Wertzville Road, Enola, Cumberland
County, P A 17025
(b)
against
N/A
Garnishee (s),
as a lis pendens against the real property of the Defendant in the name of the Garnishees
as follows: all that certain tract ofland situate in Cumberland, known as 4230
Wertzville Road, Enola, Cumberland County, PAl 7025,
(5) Exemption has (not) been waived,
(6) Amount due: $2842.50,
(7) Please have the Sherifflevy upon any and all personal property of Michael
Alloway, 4230 Wertzville Road, Enola, Cumberland County, P A 17025, including any
automobiles or other vehicles,
Respectfully submitted,
MCSHANE & HITCHINGS, LLC
Erin M, Zimm er Esquire
Attorney LD, #9 392
Attorney for Plaintiffs
4807 Jonestown Road, Suite 242
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
[ ~~
~ ~~
Q::J c\ C-1
t~
.....
(:1-
c.,
~
t..J-/q, ""'.)
r-" ,
- ~ --;' ,
'-J' 9-.J -a ~ l ,
'~. :,
.(Q.. ,
~ ~ ~ ~ ~", ~
--- \) 0 (y
. C)
C; \) - .
I .
() C> I ~~ (.')
~ ~ (,-,)
[;} (.,,>
(- ....
~ :~
;-
,
,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6409 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MCSHANE AND HITCHINGS, LLC Plaintiff (s)
From MICHAEL ALLOWAY, 4230 WERTZVILLE ROAD, ENOLA, PAl 7025
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY, OF MICHAEL ALLOWAY, 4230 WERTZVILLE ROAD, ENOLA, PA
17025, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES.
(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 gamishee(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) Ifproperty 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 $2,842.50
L.L. $.50
Interest
Ally's Cornm %
Atty Paid $37.00
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: DECEMBER 21, 2004
CURTIS R. LONG
(Seal)
prothon~ ~ 7@
~y: / a..,. 0 _, C/?~1 ~.
Deputy
REQUESTING PARTY:
Name ERIN M. ZIMMERER, ESQmRE
Address: MCSHANE & HITCHINGS, LLC
4807 JONESTOWN ROAD, SUITE 242
HARRISBURG, PA 17109
Attomey for: PLAINTIFF
Telephone: 717-657-3900
Supreme Court ID No. 91392
C9mluonwea1th Financial Systems, Inc,
120 North Keyser Avenue
Scranton, P A 18504
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Plaintiff
vs,
No 0 'I ' (, ~;JD
JANET A ADAMS
315 HEMLOCK RD
MECHANICSBURG, P A 17055
PRAECIPE FOR ENTRY OF JUDGMENT
Defendant( s)
To the Prothonotary of Cumberland County:
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice,
A) Date ofInstrument: 10/22/2004
B) Amount ofJudgment: $5,118.43
C) Interest From: 10/22/2004
2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in
favor of the assignee or other transferee;
3) I hereby certify that the address of the plaintiff is:
Commonwealth Financial Systems, Incorporated
120 North Keyser Avenue
Scranton, P A 18504
4) I hereby certify that the address of the defendant is:
JANET A ADAMS
315 HEMLOCK RD
MECHANICSBURG, PA 17055
Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, PA 18504
570-342-1600 Ext, 202
Attorney ID 39688
1~
....
(",
"','j
,
I"~
j'"
{,
09-3-05
lLco y. ~'1.2.D
NOTICE OF JUDGMENTITRANSCRIPT
'- CIVIL CASE
PLAINTiFF: NAME and ADDRESS
'coMMONWEALTH FINANCIAL SYSTEMS INC I
120 NORTH KEYSER AVENUE
SCRANTON, PA 18504
L ~
CDMMONWEAL TH OF PENNSYL VANIA
COUNTY OF: CUMBERLAND
Mag. Disl. No
OJ Name Hon
GAYLE A. ELDER
Add"," 507 N. YORK ST.
MECHANICSBURG, PA
VS,
T'''ph,'' i717) 766-4575 17055
DEFENDANT:
IADAMS, JANET A
315 HEMLOCK ROAD
MECHANICSBURG, PA
L
Docket No.: cv- 0000258 - 04
Date Filed: 9/21/04
NAME and ADDRESS
I
ATTORNEY FOR PLAINTIFF :
17055
~
,.
PATRICIA A. COBB ESQUIRE
120 NORTH KEYSER AVENUE
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT:
Judgment:
DRFAUT.T ,TIJDGMRNT PT.TF
[i]
[i]
Judgment was entered tor:
(Name)
C'OMM01\lWF.IIT.TR PTNIINC'T
liT. !'lV!'lTR
Judgment was entered against: (Name)
IInIlM!l, ,TIINRT II
in the amount of $
'i,11A 41 on:
(Date of Judgment)
10/22/04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C,S. S 8127 $
D Portion at Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 5,003.43
Judgment Costs $ 115.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 5,118.43
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE HIGHl TO APPEAL WITHIN 30 OAYS 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 NOTICE OF JUDGMENT/TRANSCRIPT 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.
;0
Date
, District Justice
I certify that this is a true and correct co
I'd . {p .{;tpate
My commission expires first Monday of January, 2006
SEAL
AOPC 315-03
DATE PRINTED:
10/22/04
10:48:14 AM
- t
~ '"
...,
....:.
~
""0
:k
'"
:'>
5-'
v"
-----
.
-
:1'
',"'-)
!,'c.:.1
\'<':
~,; <
~~~
-
Commonwealth Financial Systems, Inc,
120 North Keyser Avenue
Scranton,PJ\ 18504
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Plaintiff
vs,
No, ()'Ir. '1Jt
JANET A J\DJ\MS
315 HEMLOCK RD
MECHANICS BURG, P A 17055
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended,
Defendant( s)
State of Pennsylvania
County of Cumberland } ss:
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): JANET A ADAMS; is(are) not in the military service ofthe United States
of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended;
That the defendant(s): JANET A ADAMS; is(are) older than eighteen years of age;
That the employment status of the defendant(s): JAN
is(are) unknown,
Patricia A. Cobb, EsqUIre
~ (cbb~
"
Subscribed before me this /6-P, day of j/jJ~4.ii!( 200';
.
/ . ,/"
<,<~t/ J/lL1) ftylJ.-I
~ onu'frYk /:Yo tablic
NOTARIAL SEAL
John Onufryk. Jr" Notary Public
Scranton, Lackawanna County
M)' commission exp'ires September 29, 2007
,
~ ',-+ <::1
~. -<0
~ ~ ) ("j
. "
~ -<:
- ~- ~
V\ -0
...,
" '"
\ ....;, ..,
v, -- I'"~ .~
~
\U
"^-..
~
'l.>
"-.,
"-'
i:>
-"-
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
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc,
Surcharge
Levy
Post Pone Sale
Postage
Garnishee
TOTAL
So Answers;
this -lJ-. day of
18,00
1.42
.50
1.00
11.10
20.00
20,00
72.02
2005 A.D.
prot onotary
....,
~?(.;:;',,),
'/(l,jll
'^ 1/'.,
(j. '.',,'
~/<
'~::/
L 11 :()I 'it II J30 ~OOl
lid '^lHilU:J mr'n(j38~n:J
.:l.:lIlBHS 1HI 303:)1.:1.:10
Advance Costs:
Sheriff s Costs
150,00
72.02
77.98
Refunded to Atty on 09/22/05
Sworn and Subscribed to before me
?P'"""~ J~ "-t:~?/~
R Thomas Kline, Sheriff
BYCJ (U j J-f-L---Brlu;Jb(xlu~
<::l
...,
,
.....
-<:
().
--<)
1;;,-- i ~
"
r.:.:Jr./;'J
.....j {.
"<
r 1,~1J
Je... S 1.3/ J
Ru...-. /(,f33/
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MCSHANE AND HITCHINGS, LLC Plaintiff (s)
NO 04-6409 Civil
CIVIL ACTION - LAW
From MICHAEL ALLOWAY, 4230 WERTZVILLE ROAD, ENOLA, PA 17025
(I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY, OF MICHAEL ALLOWAY, 4230 WERTZVILLE ROAD, ENOLA, PA
17025, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES.
(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 ha, 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) Ifproperty 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 himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $2,842.50
L. L. $.50
Interest
Atty's Conon %
Atty Paid $37.00
Plaintiff Paid
Date: DECEMBER 21,2004
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
ProthO~ 7J;c
,---By: a., Go. p, Y1 /2/1- r-
Deputy
REQUESTING PARTY:
Name ERIN M. ZIMMERER, ESQUIRE
Address: MCSHANE & HITCHINGS, LLC
4807 JONESTOWN ROAD, SUITE 242
HARRISBURG, PA 17109
Attorney for: PLAINTIFF
Telephone: 717-657-3900
Supreme Court ID No, 91392