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HomeMy WebLinkAbout14-2138 r FABLES \Clients \8040 Kendrick \8040.7 Nickel \8040.7.pra transfer.wpd Christopher E. Rice, Esquire VF r . i Attorney I.D. No. 90916 1 N } - - Katie J. Maxwell, Esquire Attorney I.D. No. 206018 201 APR -8 PH 3 , 49 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALJ r MARTSON LAW OFFICES PL ENNSYL:VAN1A Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff DEBORAH KENDRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14 - d� , CIVIL TERM CHRIS NICKEL and DENNIS NICKEL, Defendants PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT Pursuant to Act of July 9, 1976, P.O. 586, No. 142, § 42 Pa.C.S.A. 1516, and in accordance with the transcript of the District Justice which is attached hereto, enter judgment in favor of Deborah Kendrick, Plaintiff, and against Chris Nickel and Dennis Nickel, Defendants, in the sum of $12,189.90, which consists of $12,000.00 as principal and $189.90, as costs, plus interest thereon from February 21, 2014, as provided by law. Plaintiff hereby certifies that the last known address of Defendants is 120 Locust Way, Carlisle, PA 17013. MARTSON LAW OFFICES By: 0e'/ �- Christopher E. Rice, Esquire I.D. No. 90916 Katie J. Maxwell, Esquire L D. Number 206018 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 IS 4 7 Date: y— — �� Attorneys for Deborah Kendrickl�� o`er' f1 - • - dti 4 �4 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/ Transcript Civil COUNTY OF CUMBERLAND Case P Mag. Dist. No: MDJ- 09 -2 -01 Chris Nickel, Dennis Nickel MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Deborah Kendrick Carlisle, PA 17013 Telephone: 717- 218 -5250 Christopher Edel Rice, Esq. Docket No: MJ- 09201 -CV- 0000001 -2014 Martson Deardorff ET AL Case Filed: 2/12/2014 10 E High St Cross Complaint Docket No(s): Carlisle, PA 17013 MJ-09201 -CV-000001 2-2014 Disposition Summary (cc - Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09201 -CV- 0000012 - 2014 Chris Nickel Deborah Kendrick Judgment for Defendant 02/21/2014 MJ- 09201 -CV- 0000012 - 2014 Dennis Nickel Deborah Kendrick Judgment for Defendant 02/21/2014 MJ-09201 -CV-0000001 -2014 Deborah Kendrick Dennis Nickel Judgment for Plaintiff 02/21/2014 MJ- 09201 -CV- 0000001 -2014 Deborah Kendrick Chris Nickel Judgment for Plaintiff 02/21/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Chris Nickel $12,189.90 $0.00 $12,189.90 Deborah Kendrick $0.00 $0.00 $0.00 Dennis Nickel $12,189.90 $0.00 $12,189.90 Judgment Finding ( "Post Judgment) In the matter of Deborah Kendrick vs. Dennis Nickel; Chris Nickel on MJ- 09201 -CV- 0000001 -2014, on 2/21/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $12,000.00 $0.00 $12,000.00 Costs $189.90 $0.00 $189.90 Grand Total: $12,189.90 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. 2014 FEB 2 I Date Magisterial District Judge Paul M Fegley MDJS 315 Page 1 of 3 Printed: 02/21/2014 3:05:41 PM Chris Nickel, Dennis Nickel Docket No.: MJ- 09201 -CV- 0000012 -2014 V. Deborah Kendrick certify that this is a true and correct copy of e recor o t e procee ings c mmg : e to grape �k• 1 1 Lt " Date Magi terial Di trict Judge -< -> Co r— C - MDJS 315 Page 2 of 3 Printed: 02/21/2014 3:05:41 PM 4 a Chris Nickel, Dennis Nickel Docket No.: MJ- 09201 -CV- 0000012 -2014 V. Deborah Kendrick Participant List Private(s) James M. Robinson, Esq. Turo Robinson 129 S Pitt St Carlisle, PA 17013 Plaintiff(s) Chris Nickel 120 Locust Way Carlisle, PA 17013 Dennis Nickel 120 Locust Way Carlisle, PA 17013 Defendant(s) Deborah Kendrick 305 Hickory Rd Carlisle, PA 17013 Complainant's Attorney(s) Christopher Edel Rice, Esq. Martson Deardorff ET AL 10 E High St Carlisle, PA 17013 MDJS 315 Page 3 of 3 Printed: 02/21/2014 3:05:41 PM CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on District Justice's Transcript of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Chris Nickel 120 Locust Way Carlisle, PA 17013 Dennis Nickel 120 Locust Way Carlisle, PA 17013 MARTSON LAW OFFICES B V1, 2 ( A,0,.i , Majy WPrice Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Dated: � F THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR DEBORAH KENDRICK. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire f'rtl 1 i Attorney I.D. No. 90916 AP R Katie J. Maxwell, Esquire M �' ` 3: o Attorney I.D. No. 206018 }; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PEj4N� YLV NIA ' MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff DEBORAH NICKEL IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14 - 3 CIVIL TERM CHRIS NICKEL and DENNIS NICKEL, Defendants AFFIDAVIT OF NO APPEAL As of April ! , 2014, a District Justice appeal has not been filed in the Court of Common Pleas of Cumberland County. MARTSON LAW OFFICES By: '/ -�; , /L— Christopher E. Rice, Esquire Katie J. Maxwell, Esquire Date: Attorneys for Plaintiff Sworn to and subscribed before me this day of 0 2014. No ary jiblic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County ( Comm ission Expires Aug. 18, 2015 MEMU,R, MAMr 4 4.£+S9HATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell', Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff DEBORAH NICKEL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 14 - o-1 3 CIVIL TERM CHRIS NICKEL and DENNIS NICKEL, Defendants NOTICE OF ENTRY OF JUDGMENT TO: DENNIS NICKEL, Defendant You are hereby notified that on April, 2014, the following Judgment has been entered against you in the above - captioned case: in favor of Deborah Nickel, Plaintiff, and against Chris Nickel and Dennis Nickel, Defendants, in the sum of $12,189.90, which consists of $12,000.00 as principal and $189.90, as costs, plus interest thereon from February 21, 2014, as provided by law. Dated: David D. Buell, Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Dennis Nickel 120 Locust Way Carlisle, PA 17013 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff DEBORAH NICKEL IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14 - CIVIL TERM CHRIS NICKEL and DENNIS NICKEL, Defendants NOTICE OF ENTRY OF JUDGMENT TO: CHRIS NICKEL, Defendant You are hereby notified that on April, 2014, the following Judgment has been entered against you in the above - captioned case: in favor of Deborah Nickel, Plaintiff, and against Chris Nickel and Dennis Nickel, Defendants, in the sum of $12,189.90, which consists of $12,000.00 as principal and $189.90, as costs, plus interest thereon from February 21 2014, as provided by law. Dated: 0 � David D. Buell, Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Chris Nickel 120 Locust Way Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH KENDRICK CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Ei Confessed Judgment VS. Plaintiff p Other File No. 14-2138 CHRIS NICKEL and DENNIS NICKEL Defendant Interest from February 21, 2014 Amount Due 12,000.00 Address: 120 Locust Way Carlisle, PA 17013 Atty's Comm Costs 189.90 at 6% — $1.97 per ay 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property owned by Defendants 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 control of the said garnishee(s). Date LI (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Signature: G a3�.4 .&5 CLF Print Name: Address: Attorney for: Telephone: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 Plaintiff (717) 243-3341 Supreme Court ID No: 90916 Crs . S t LL Cts a�?,6 S Eft 3oSzu5 L,OICE ITSS'veg THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEBORAH KENDRICK Vs. CHRIS NICKEL AND DENNIS NICKEL WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2138 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CHRIS NICKEL AND DENNIS NICKEL, 120 LOCUST WAY, CARLISLE, PA 17013 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 OWNED BY DEFENDANTS. (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 $12,000.00 Interest FROM FEBRUARY 21, 2014 AT 6% $1.97 PER DAY Law Library $.50 Attorney's Comm. % Attorney Paid $59.75 Date: 5/12/14 (Seal) REQUESTING PARTY: Name : CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICE 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 Plaintiff Paid Due Prothonotary $2.25 Other Costs $189.90 1.,6L 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 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY w ow nFFi F 114E SI.:RIF= i HE rR0 2015 JA11 12 P : i CUMBERLAND COICOCA'! Y PENNSYLVANIA Deborah Kendrick vs. Chris Nickel (et al.) Case Number 2014-2138 SHERIFF'S RETURN OF SERVICE 05/30/2014 03:29 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Kristie Zapeta, Daughter, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Chris Nickel at 120 Locust Way, Middlesex Township, Carlisle, PA 17013, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on June 2, 2014. 05/30/2014 03:29 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Kristie Zapeta, Daughter, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Dennis Nickel at 120 Locust Way, Middlesex Township, Carlisle, PA 17013, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on June 2, 2014. 01/08/2015 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.68 SO ANSWERS, i} January 08, 2015 RONNY R ANDERSON, SHERIFF cuntySuR e Sheriff, Tc,eoscit, Inc. 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 DEBORAH KENDRICK Vs. CHRIS NICKEL AND DENNIS NICKEL WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2138 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CHRIS NICKEL AND DENNIS NICKEL, 120 LOCUST WAY, CARLISLE, PA 17013 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 OWNED BY DEFENDANTS. (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 11 Amount Due $12,000.00 Interest FROM FEBRUARY 21, 2014 AT 6%- $1.97 PER DAY Law Library $.50 Attorney's Comm. % Attorney Paid $59.75 Date: 5/12/14 (Seal) REQUESTING PARTY: Name : CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICE 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 Plaintiff Paid Due Prothonotary $2.25 Other Costs $189.90 David D. Buell, Prothonotary Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se I of said Court at Carlisle, Paa.. This day of 20 —'— rothonotary 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