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HomeMy WebLinkAbout14-1891 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -02 Cooke Township MDJ Name: Honorable Vivian Cohick v Address: 55 Penn Drive Wyatt N. Shires Newville, PA 17241 Telephone: 717- 776 -3187 53 . Matthew Acheson McKnight Esq. Docket No: MJ- 0930 -'2014 Irwin & Mcknight PC Case Filed: 1/6/2 x -- 60 W Pomfret St 42- Carlisle, PA 17013 -3222 Disposition Summary (cc - Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09302 -CV- 0000001 -2014 Cooke Township Wyatt N. Shires Default Judgment for Plaintiff 02/19/2014 Judgment Summary - Participant Joint/Several Liabilitv Individual Liability Amount Cooke Township $0.00 $0.00 $0.00 Wyatt N. Shires $0.00 $1,541.60 $1,541.60 Judgment Finding ( "Post Judgment) In the matter of Cooke Township vs. Wyatt N. Shires on MJ- 09302 -CV- 0000001 -2014, on 2/19/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,000.00 $1,000.00 Costs $0.00 $116.60 $116.60 Attorney Fees $0.00 $425.00 $425.00 Grand Total: $1,541.60 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 Magisterial District Judge Vivian Cohick certify that this is a true and correct copy of the record of the proceedings -containing the judgment. 3 - 31 -qty Date Magisterial District Judge ,�L7 i 0 7a MDJS 315 Page 1 of 2 Printed: 03/31/2014 10:02:17AM Cooke Township Docket No.: MJ 09302 -CV- 0000001 -2014 V. Wyatt N. Shires Participant List Plaintiff(s) Cooke Township 1700 Centerville Rd Newville, PA 17241 Defendant(s) Wyatt N. Shires 136 Pine Tree Dr Newville, PA 17241 Complainant's Attorney(s) Matthew Acheson McKnight, Esq. Irwin & Mcknight PC 60 W Pomfret St Carlisle, PA 17013 -3222 MDJS 315 Page 2 of 2 Printed: 03/31/2014 10:02:17AM COOKE TOWNSHIP, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. WYATT N. SHIRES, Defendant. : File No. /'/- igq/ Civil Term -v 4 r— <c:7) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF THE SAID COURT: -C- Ce-3 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 a writ of execution upon a judgment entered by default in the above matter. (1) directed to the sheriff of Cumberland County; (2) against WYATT N. SHIRES, Defendant; (3) Amount due: $1541.60 Interest from: $12.42 Cnctc to be added: $314.75— 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): All personal property of the Defendant, Wyatt N. Shires, 136 Pine Tree Drive, Newville, Pennsylvania 17241 including but not limited to all licensed and unlicensed vehicles. Date: March 31, 2014 04...e_ . g2e4.c. 3'7_,3 ,a-lr 3036292 Signature: Print Name: Address: atthe IRWIN McKnight, Esquire cKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for: Cooke Township Telephone: 717-249-2353 Supreme Court ID: 93010 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 Cooke Township Vs. Wyatt N. Shires WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14 -1891 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Wyatt N. Shires Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; All personal property of the defendant, Wyatt N. Shires, 136 Pine Tree Drive, Newville, Pennsylvania 17241 including but not limited to all licensed and unlicensed vehicles. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (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 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. 1 Amount Due $1541.60 Interest from $12.42 Attorney's Comm. °A Attorney Paid $59.75 Date: March 31, 2014 Sea I) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs Dcw David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : Matthew A. McKnight, Esq. Address: Irwin & McKnip-P. C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for: Cooke Township Telephone: 717-249-2353 Supreme Court ID No. 93010 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 if- Sheriff 'tSheriff i THE I ROI HON0 i'; Jody S Smith Chief Deputy Richard W Stewart Solicitor 2a14 AUG 27 PM 3: 20 CUMBERLAND COUNTY PENNSYLVANIA Cooke Township vs. Wyatt N Shires Case Number 2014-1891 SHERIFF'S RETURN OF SERVICE 05/14/2014 07:45 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Jamie Hill, Fiance, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Wyatt N Shires at 136 Pine Tree Drive, Cooke Township, Newville, PA 17241, informed person of contents of same and levied upon personal property as directed. Writ letter and copy of levy mailed to attorney and letter mailed to defendant on May 15, 2014. 08/14/2014 08:14 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 136 Pine Tree Drive, Cooke Township, Newville, PA 17241, Cumberland County. 08/27/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiffs attorney directly. SHERIFF COST: $145.66 SO ANSWERS, August 27, 2014 RONNY R ANDERSON, SHERIFF SV LL -fad! 412-4 972'j .3 II' 37/ (c) CountySuite Sheriff, Toleosoft. Inc.