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Home My WebLink About14-2053 X053 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 David Eugene Eckert MDJ Name: Honorable Kathryn H. Silcox V Address: 5275 East Trindle. Road Robert Kohut Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 r David Eugene Eckert 165 Konhaus Rd Docket No: MJ- 093q� -p - 00000077 014 Case Filed: 1/14/20.:.. Mechanicsburg, PA 17050 r r° �'. `)- _ Disposition Summary (cc - Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000007 -2014 David Eugene Eckert Robert Kohut Judgment for Plaintiff 02/24/2014 Judgment Summary Participant Joint/Several Liability Individual Liabilitv Amount David Eugene Eckert $0.00 $0.00 $0.00 Robert Kohut $0.00 $360.80 $360.80 Judgment Finding ( *PostJudgment) In the matter of David Eugene Eckert vs. Robert Kohut on MJ- 09304 -CV- 0000007 -2014, on 2/24/2014 the judgment follows: was awarded as Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment. $0.00 $250.00 $250.00 Costs $0.00 $5.00 $5.00 Filing Fees $0.00 $73.50 $73.50 Server Fees $0.00 $32.30 $32.30 Grand Total: $360.80 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 The Honorable Silcox I certify that this is a true and correct copy of the recor o - the proceedings containing the judgment. Date MagisterZ District Judge MDJS 315 Page 1 of 2 Printed: 02/24/2014 10:10:45AM 303 9s'z? �r • � - ,� / y - ,dos 3 G;u..� David Eugene Eckert Docket No.: MJ- 09304 -CV- 0000007 -2014 V. Robert Kohut Participant List . Plaintiff(s) David Eugene Eckert 165 Konhaus Rd Mechanicsburg, PA 17050 Defendant(s) Robert Kohut 5231 Simpson. Ferry Road Mechanicsburg, PA 17055 .� P MDJS 315 Page 2 of 2 ,Qf i Printed: 02/24/2014 10:10:45AM 4 l C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR `VRIT OF EXECUTION 00+-Y +`t� �cITe V Confessed Judgment Plaintiff ,Other VS. File No. _ L/ 'a O,5 a a b t v r w, ke) � k j Amount Due '3 60 . i Defendant Interest Address: Atty's Comm a 31 5 Ad— Costs _ TO THE PROTHONOTARY OF THE SAID COURT: CD The undersigned hereby certifies that the below does not arise out of a retail installment sEle, 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 Act 6 of 1974 as amended. y pursuant to ' Issue writ of execution in the above matter to the Sheriff of _ G 4 �m b'NlR N (, County, for debt, interest and costs, upon the following described property of the defendant (s) 7 /,x}11 PeJyotial ✓��ry 47 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cu w b r ✓ ja h a 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 lenPthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendens against re I estate of the defendants) described in the attached exhibit. G Date /} Q,� ( S' p j y Signature: L, Print Name: Pa y,`� 'eC )r-e ` Address: �6s /z� y► Lrq irS 3G3 SSG ; � � � �� 7 oso 3 <<�� 4 s Attorney for: Telephone: 2/7 1 /— 3-S �/}� Supreme Court ID No: s � • 025 Due I iori+_Of & \1w O F 4 14 1 r THE COURT OF COMMON PLEAS q o CUMBERLAND COUNTY PA Z ° DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 1750 (717) 240 -6195 www.ccpa.net DAVID ECKERT Vs. NO 14 -2053 Civil Term CIVIL ACTION — LAW ROBERT W. KOHUT 5231 SIMPSON FERRY RD MECHANICSBURG PA 17055 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ROBERT W KOHUT, Defendant (s) (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. (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 $360.80 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 4/4/14 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: DAVID ECKERT Address: 165 *ONHAUS RD MECHANICSBURG PA 17050 Attorney for: Telephone: 717- 691 -3589 Supreme Court ID No. 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ti�►p of trnunLcrt�,�b OFFICE OF THE $!'.ERIFF THE OF PROTHONO ARY 2014 AUG -8 AM fO: 4 CUMBERLAND COUNTY PENNSYLVANIA David E Eckert vs. Robert W. Kohut Case Number 2014-2053 SHERIFF'S RETURN OF SERVICE 04/23/2014 03:07 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Gary Asbury Jr., Owner, who accepted as garnishee and "Adult Person in Charge" for the within named Defendant, to wit: Robert W. Kohut at Postal Connections, 5231 Simpson Ferry Road, Hampden Township, Mechanicsburg, PA 17055, informed person of contents of same. Writ of execution and writ notice mailed to defendant on 04-25-14 at his last known address of 5231 Simpson Ferry Road, Mechanicsburg, PA 17050. NOTE: Levy was completed 04-21-14; however, we had difficulty in locating who was to be served as a garnishee. Located name/phone number for the property owner (Gary Asbury) and served him as garnishee as he is in possession of property belonging to defendant (vehicles parked on the lot). 07/25/2014 04:17 PM - Deputy Dawn Kell, 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 5231 Simpson Ferry Road, Hampden Township, Mechanicsburg, PA 17055, Cumberland County. 08/06/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Robert W. Kohut, of 5231 Simpson Ferry Road, Mechanicsburg, PA 17055 for the sum of $1.00, to David E. Eckert, it being the highest bid and price quoted for the same. Date and Time of sale, Wednesday, August 6, 2014 at 3:00 E.D.S.T., at, 5231 Simpson Ferry Road, Mechanisburg, Cumberland County Pennsylvania 17055. Property taken by plaintiff: Buick Sport Wagon 400 — brown — PA Registration BBP-1943 (poor condition) Old Buick — gray — VIN — 146370H218421 (poor condition) Buick — white — VIN 46370H299910 (poor condition) 08/07/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $109.72 SO ANSWERS, August 07, 2014 RONNY R ANDERSON, SHERIFF 12 97s'. 30 &7 (c) CountySuito Sheriff, Toleosoft. Inc. SHERIFF'S SALE By Virtue of a Writ of Execution No. 2014-2053 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 5231 Simpson Ferry Road, Mechanicsburg, PA 17055 on WEDNESDAY, AUGUST 06, 2014 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: Mercedes — blue — 1970's — poor condition VIN 11603612004378 Buick Sport Wagon 400 — brown — PA Registration BBP-1943 — poor condition Oldsmobile Custom Cruiser — blue — VIN 1 G3BP83E1 MW302488 — poor condition Buick Roadmaster — maroon — VIN 1G4BR8372NW409428 Mercedes 560 SEL — black — VIN CA39D1 HA302872 — poor condition Old gray Buick - VIN 146370H218421 - poor condition Old white Buick — VIN 46370H299910 - poor condition and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriff's Office. A schedule of distribution will be filed in the Sheriff's Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto. Seized and taken into execution to be sold as the property of ROBERT W. KOHUT in suit of DAVID E ECKERT and to be sold by me. Attorney for the Plaintiff: David E Eckert Mechanicsburg, PA (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, Sheriff CUMBERLAND COUNTY, Pennsylvania Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Robert W. Kohut, of 5231 Simpson Ferry Road, Mechanicsburg, PA 17055 for the sum of $1.00, to David E. Eckert, it being the highest bid and price quoted for the same. Date and Time of sale, Wednesday, August 6, 2014 at 3:00 E.D.S.T., at, 5231 Simpson Ferry Road, Mechanisburg, Cumberland County Pennsylvania 17055. Property taken by plaintiff: Buick Sport Wagon 400 — brown — PA Registration BBP-1943 (poor condition) Old Buick — gray — VIN — 146370H218421 (poor condition) Buick — white — VIN 46370H299910 (poor condition) So A y R. Anderson, Sheriff Sworn and Subscribed to before me this 44t--- nof Notary Public NOtARIAL SEAL C LAUOIA A. BREWBAKEIL NOTAfitrUBUC .Carlisla=Boro, Cumberland County My Commission Expires April.4, 2017 **AMENDED** SHERIFF'S SALE By Virtue of a Writ of Execution No. 2014-2053 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 5231 Simpson Ferry Road, Mechanicsburg, PA 17055 on WEDNESDAY, AUGUST 06, 2014 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: Mercedes — blue — 1970's — poor condition VIN 116036120C4378 Buick Sport Wagon 400 — brown — VIN 444569H273124 - PA Registration BBP-1943 — poor condition Oldsmobile Custom Cruiser — blue — VIN 1 G3BP83E1 MW302488 — poor condition Buick Roadmaster — maroon — VIN 1 G4BR8372NW409428 Mercedes 560 SEL — black — VIN CA39D1 HA302872 — poor condition Old gray Buick - VIN 146370H218421 - poor condition Old white Buick — VIN 46370H299910 - poor condition and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriffs Office. A schedule of distribution will be filed in the Sheriff's Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriff's Office prior thereto. Seized and taken into execution to be sold as the property of ROBERT W. KOHUT in suit of DAVID E ECKERT and to be sold by me. Attorney for the Plaintiff: David E Eckert Mechanicsburg, PA (c) CountySuite Sheriff, Teleosott, Inc. RONNY R ANDERSON, Sheriff CUMBERLAND COUNTY, Pennsylvania **AMENDED** Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Robert W. Kohut, of 5231 Simpson Ferry Road, Mechanicsburg, PA 17055 for the sum of $1.00, to David E. Eckert, it being the highest bid and price quoted for the same. Date and Time of sale, Wednesday, August 6, 2014 at 3:00 E.D.S.T., at, 5231 Simpson Ferry Road, Mechanisburg, Cumberland County Pennsylvania 17055. Property taken by plaintiff: Buick Sport Wagon 400 — brown — VIN - 444569H273124 PA Registration BBP-1943 (poor condition) Old Buick — gray — VIN — 146370H218421 (poor condition) Buick — white — VIN 46370H299910 (poor condition) nny R. Anderson, Sheriff Sworn and Subscribed to before me this /1) dly of Lula 2014A.D. Notary Public ;40 FARIAL SEAL GLAUUTA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumbers s n e r r My Commission Ey, r 7