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HomeMy WebLinkAbout14-4312 N6. # COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND - Case Mag. Dist. No: MDJ-09-2-01 Jeffrey Austin MDJ Name: Honorable Paul M Fegley V. . Address: 2260 Spring Road, Suite 3 Vincent Ashby Carlisle, PA 17013 GQ.11slc , ��7a�3 Telephone: 717-218-5250 Jeffrey Austin Docket No: MJ-09201-CV-0000038-2014 716 N. West St. Case Filed: 4/22/2014 Carlisle, PA 17013 Disposition Summary (oc-cross complaint) Docket No Plaintiff Defendant Disposition , Disposition Date MJ-09201-CV-0000038-2014 Jeffrey Austin Vincent Ashby Judgment for Plaintiff 06/18/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Jeffrey Austin $0.00 $0.00 $0.00 Vincent Ashby $0.00 $750.47 $750.47 Judgment Finding (*PostJudgment) In the matter of Jeffrey Austin vs. Vincent Ashby on MJ-09201-CV-0000038-2014, on 6/18/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $119.40 $119.40 Civil Judgment $0.00 $631.07 $631.07 Grand Total: $750.47 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 JUDGMENTITRANSCRIPT 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 ENTEWTHE 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. 1L4 Date Magisterial District Judge Paul M Fegley certify that this is a tr e r ct copy o the recordo the proceedings ing t o Iu ment. t'INnaj ONV12139Wno `7 2i i&A 1AA - Date Magisteri I District J dge 4-3 , \,V10t4oH1oU 3NI AC Gas MDJS 3151/3(��y /Page 1 of 2 Printed:06/19/2014 8:25:01AM rI0'�ii CL u-4a IPG( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ; Plaintiff:Austin,Jeffrey S. ❑ Confessed Judgment �:" � Other 716 N.West Street ❑ "C3 C_ t Carlisle,Pa 17013 / �/7 t 'ti rf„ Defendant: Vincent Ashby File No. /% 7 J I� G�v 29 Spring View Drive ) Zr Z 2 Carlisle,Pa 17013 Amount Due $750.47 Judgment G© p Xr; Interest Atty's Comm Costs 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 County,for debt,interest and costs,upon the following described property of the defendant(s) Anything of value,personal items, jewelery,furniture,t.v,vcr,applianaces or automobiles PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 j Z 2 Signature: J Print Namehgy S Austin S_�11S�/10 d �, C 4 5- Address: 716 N.West Street 3W?-97( Carlisle,PA 17013 3). C°s 1 S B Attorney for Telephone —7n Z 4—F)y Supreme Court ID No: O F C U'lt y d�, r THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA 2 a DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle,PA• 17013 r�so (717)240-6195 www.ecpa.net Jeffrey S. Austin Vs. NO 14-4312 Civil Term CIVIL ACTION—LAW Vincent Ashby WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: T6 satisfy the judgment, interest and costs against Vincent Ashby,29 Spring View Drive,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; Anything of value,personal items,jewelry,furniture,t.v.,vcr,appliances or automobiles. (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 $750.47 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 07/24/14 David D.Buell,Prothonotary -B�Q'r' C Deputy REQUESTING REQUESTING PARTY: Name : Jeffrey S.Austin Address: 716 N.West Street,Carlisle,PA 17013 Attorney for: Pro Se Telephone: 717-245-0082 Supreme Court 1D 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 OF .iCE OF,THE SHERIFF Jeffrey S Austin vs. Vincent Ashby Case Number 2014-4312 SHERIFF'S RETURN OF SERVICE 07/30/2014 09:09 PM - Christopher Sharpe, Deputy, being duly sworn according to law, states that on July 30, 2014 at 9:09 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: Vincent Ashby at 29 Spring View Street, Carlisle Borough, Carlisle, PA 17013, and informed Defendant of contents of same. NO LEVY COMPLETED AT THIS TIME - defendant's wife refused to allow deputies to enter with their boots on; defendant stated he would contact Mr. Austin directly to take care of this. Our office will follow up the week of August 4, 2014. SHERIFF COST: $48.01 SO ANSWERS, August 01, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuiie Sheriff, Teleosott. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F .,:.f..OF {CL 1 Sheriff THE E P R O T H O N O i�A .p dt tlttui, Jody S Smith ,, j{ AUG 19 A�. Chief Deputy. Richard W Stewart Solicitor OFC ()F T,!4•1i CUMBERLAND COUNTY PENNSYLVANIA Jeffrey S Austin vs. Vincent Ashby Case Number 2014-4312 SHERIFF'S RETURN OF SERVICE 07/30/2014 09:09 PM - Christopher Sharpe, Deputy, being duly sworn according to law, states that on July 30, 2014 at 9:09 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: Vincent Ashby at 29 Spring View Street, Carlisle Borough, Carlisle, PA 17013, and informed Defendant of contents of same. NO LEVY COMPLETED AT THIS TIME - defendant's wife refused to allow deputies to enter with their boots on; defendant stated he would contact Mr. Austin directly to take care of this. Our office will follow up the week of August 4, 2014. 08/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $63.99 SO ANSWERS, August 18, 2014 cc} CountySuite Sherif, Teleosoft, Inc. RONIVR ANDERSON, SHERIFF ttSr3/ 4041 .1 DISTRIBUTION PLAINTIFF Jeffrey S. Austin WRIT NO. 2014-4312 Jeffrey S. Austin Vs Vincent Ashby Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 750.47 59.75 $ 810.22 Sheriff's Costs Docketing $ 18.00 Poundage 15.00 Law Library Prothonotary 2.25 Service Mileage 6.78 Postage 1.96 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 20.00 Levy TOTAL $ 63.99 Remitter Paid to Sheriff Advance Costs Total Collected Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 810.22 150.00 63.99 $ 874.21 150.00 $ 1,024.21 So Answers: