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Home My WebLink About14-2978 No. COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 James Zimmerman MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane John Pinto Camp Hill, PA 17011 Telephone: 717-737-3434 James Zimmerman Docket No: MJ-09101-CV-0000062-2014 1785 Valley Green Road Case Filed: 2/21/2014 Etters, PA 17319 Q... Disposition Summary (cc-Cross Complaint) .. .. _.~ Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000062-2014 James Zimmerman John Pinto Default Judgment for Plaintiff 03/28/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount James Zimmerman $0.00 $0.00 $0.00 John Pinto $0.00 $3,377.00 $3,377.00 Judgment Finding (*Post Judgment) In the matter of James Zimmerman vs. John Pinto on MJ-09101-CV-0000062-2014, on 3/28/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,245.00 $3,245.00 Costs $0.00 $132.00 $132.00.,. Grand Total: $3,377.00 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. MAR,2 8 2014 Date Magisterial District Judge Charles A.Clement Jr. "°" certify that this is a true and correct copy of the record of the proceedings containing the judgment. WA4 --Ar) ' Date Magisterial District Jude MDJS 315 Page 1 of 2 Printed:03/31/2014 10:36:03AM f James Zimmerman Docket No.: MJ-09101-CV-0000062-2014 V. John Pinto Participant List Plaintiff(s) " James Zimmerman 1785 Valley Green Road Go �n Etters, PA 17319 ' - , Lnr , ` Defendant(s) -< —q- r' Ca John Pinto ' 1416 Simpson Ferry Road - -- - 3� New Cumberland, PA 17070 ' WL N'944c c MDJS 315 Page 2 of 2 Printed:03/31/2014 10:36:03AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Zimmerman ❑Confessed Judgment Plaintiff ❑Other LI ry ry VS. File No. 7 — �,9 / 0 J-O h n Pin f o Amount Due_�_ rill 0 lJ Defendant Interest �fj e7o fi/g,3/� Address: , //J_ rOt)�lAn n 3/ri/m��// Atty's Comm Costs N40^ Lam_- _r.. l�leul N4 i7D j r TO THE PROTHONOTARY OF THE SAID COURT: I>t7 . The undersigned hereby certifies that the below does not arise out of a retail instaK@ s CD contract,or account based on a confession of judgment,but if it does, it is based on the appropri:e_oxiginA1 a proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of-T�74? > amended. Issue writ of execution in the above matter to the Sheriff of C LnhEr I Ong County, for debt, interest and costs,upon the following described property of the defendant(s An Q.nd 0./1 poerwool :a r 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). ❑ (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. Date y I_ Zo ( I Signature: :Print Name: Address: 010YL'('6`4 &gt'Lz-Iv kl) +� �T c` C( Attorney for: Telephone: (I 1,7, ? 5�c' G Supreme Court ID No: OF CuM A. oe z THE COURT OF COMMON PLEAS o Z CUMBERLAND COUNTY PA a DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 1750 (717)240-6195 www.ccpa.net James Zimmerman Vs. NO 14-2978 Civil Term CIVIL ACTION—LAW John Pinto 1416 Simpson Ferry Road New Cumberland,PA 17070 WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment,interest and costs against John Pinto 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 $3,377.00 Plaintiff Paid $59.75 Interest 6% from 3/28/14 Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 5/19/14 �1b4,2,icoLa , � David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : James Zimmerman Address: 1785 Valley Green Rd. Etters,PA 17319 Attorney for: Telephone: 717-554-2164 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff V -7 r � Jody S Smithy Chief Deputy a.s Richard W Stewart ' .° . is' I RL Solicitor W, , �.. .,w a�., PB N S Y L,V A H 1'\ James Zimmerman Case Number vs John Pinto 2014-2978 SHERIFF'S RETURN OF SERVICE 06/05/2014 05:15 PM-Valerie Weary, Deputy, being duly sworn according to law, states that on June 05, 2014 at 5:15 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant,to wit: John Pinto at 1416 Simpson Ferry Road, New Cumberland Borough, New Cumberland, PA 17070, informed Defendant of contents of same and levied upon personal property as directed. Copy of levy mailed to plaintiff and letter mailed to defendant on 06-06-12. 06/26/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendant entered into Chapter 7 bankruptcy on 06-26-14; case number 1:1 4-bk-02990. SHERIFF COST: $102.64 SO ANSWERS, June 26, 2014 RON R ANDERSON, SHERIFF .2 r cfe �'� 9i ,-t& S,ho; Te JUN-26-2014 10:37A FROM:DEBORAH HUGHES ESQUI 717-651-1778 TO:2406397 P.2 USBC PAM-'LIVE-VERSION 5.1 https://eef pamb.uscourts_gov/cgi-binfNoticeOfFiling.pl?235339 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing :utr�r . A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of �_ " - ` 4. the United States Bankruptcy Code, entered on 06/26/2014 at 10:47 AM and filed on S.. > 06/26/2014. John D Pinto 1416 Simpson Ferry Road New Cumberland, PA 17070 SSN/ITIN:xxx-xx-1506 The case was filed by the debtor's attorney: Deborah A. Hughes PO Box 961 .Harrisburg, PA 17108 717 651-1772 The case was assigned case number 1:14-bk-02990. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code,you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/There is an .08 fee per page or page view(charges do not apply up to the first per calendar year)and you must fast register at this web site:http://pacer.pse.uscourts.gov/Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm,M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse,228 Walnut Street,Harrisburg, PA 17101. You may be a creditor of the debtor. If so,you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court ��—�— PACER Service Center Transaction Receipt I of 2 6/26/2014 11:08 AM JUN-26-2014 10:37A FROM:DEBORAH HUGHES ESQUI 717-651-1778 TO:2406397 P.3 USBC PAM-11VE-VERSION 5.1 https://ecf.pamb.uscourts.gov/cgi-binfNoticeOfFiling.pl?235339 06/26/201411:09:11 - PACER Login: ldh0120 lClient Code: (Description: Notice of Filing Search 2990 Criteria: -�l 14-bk-0 rBillable Pages:—11 -- �Cost: -10.10 i 2 of 2 6/26/2014 11:08 AM UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOHN D. PINTO Debtor/Movant JOHN PINTO Movant 5. JAMES ZIMMERMAN Respondent CERTIFIED FROM THE day of : IN BANKRUPTCY Clerk, U.S. Ba : BK. NO. 1-14-02990 per : CHAPTER 7 PROCEEDING ECORD this t' : LIEN AVOIDANCE : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA e> : NO. 14-2978 Civil Term Z CO cn� co 'c C7 ORDER OF COURT VOIDING JUDICIAL LIEN -t7 In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on July 9, 2014, and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, John D. Pinto, and against the Respondent, James Zimmerman, as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Sections 547(b) and 522(h) as a preference and interferes with 11 U.S.C. Section 522(d) and (f) relating to exemptions. By the Court, Dated: August 4, 2014 Chief Bankruptcy Judge (JK) Case 1:14-bk-02990-MDF Doc 13 Filed 08/04/14 Entered 08/04/14 15:42:44 Main Document Page 1 of 1 4'q .50 pQ Atrt+/� }It'd1aS ea�Lito 9364 6 37 Desc