HomeMy WebLinkAbout05-1358
"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
1I,1ag. Disl No
09-1-02
OJ Name. Hon
ROBERT V. MANLOVE
Add"" 1901 STATE STREET
CAMP HILL, PA
Tel'phe,". (717) 761-0583 17011-0000
BOROUGH OF WORMLEYSBURG
20 MARKET STREET
WORMLEYSBURG, PA 17043
THIS IS TO NOTIFY YOU THAT:
Judgment:
,
U) -135S civil
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'BOROUGH OF WORMLEYSBURG I
20 MARKET STREET
WORMLEYSBURG, PA 17<043
L ~
VS.
DEFENDANT:
'KAUTZ, KATHRYN
126 S 2ND ST
WORMLEYSBURG,
L
Docket No.: CV- 0000226 - 04
Date Filed: 6/011./04
NAME and ADDRESS
I
PA 17043
~
.
Judgment was entered for:
(Name)
DEFAm,T .1UnC::MF.1I1'T' PLTF
RORonC::H OF WORMr.RV!'lRTIVC::
[!]
[!]
Judgment was entered against: (Name)
in the amount of $
1. 41.R 01. on:
KAUTZ, KATHRYN
7/11./04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment)
(Date & Time) :
,
Amount of J~dgment $ 2,344.02
Judgment Cbsts $ 84.00
Interest on J~dgment $ .00
Attorney FeElS $ .00
Total $ 2,428.02
Post Judgment Credits $
Post Judgm~nt Costs $
------------
------------
Certified Ju41gment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITH:N 30 DAYS AFTER THE ENTRY OF JUDGMENT at FI!..ING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISlpN. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE ~F APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTI~ES, 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 DISTRICT JUSTICE. i
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREST~D IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEB~OR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~Lf Date
I certify that this is a tru
'1!/(J./o'-f Date
, f
, District Justice
rd of the proceedings containing' the judgment.
, District Justice
My commission expires first Monday ot January, 2006
AOPC 315~03
DATE PRINTED:
7/14/04
SEAL
8:51:55 AM
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Wormleysburg Borough,
Plaintiff
IN THE COURT OF COMMON PLEA OF
CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 2005-1358
Kathryn Kautz,
Defendant
CIVIL ACTION
(PRAECIPE FOR WRIT OF EXECUTION)
TO THE PROTHONOTARY:
(1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County,
Pennsylvania:
(2) Against Kathryn Kautz, Defendant:
(3) And against N/A , Gamishee(s):
(4) And index this writ
(A) Against Kathryn Kautz, Defendant
(B) Against _N/A (Gamishee(s)
As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (s cifically
describe property)
Any and all personal property of the Defendant, Kathyrn Kautz, of 126 South Secon Street,
Wormleysburg, Pennsylvania 17043.
(5) Amount due
Interest from to
@6%
Total
Dated: j/'5/~
$ 2,428.02
$ -0-
$ 2,428.02
Plus All Costs in Offices
o Prothonotary & Sheriff
Plaintiff G~ b~~
NOTE
Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 3 10 (b), the
county should be indicated.
Under Rule 30\3(c) a writ issued on a transferred judgment may be directed only to the sheriffoflhe co nty in
which issued,
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desi ed as
authorized by Rule 31 04(a). When the writ issues to another county indexing is required as of course in that cou by
the prothonotary. See Rule 3014(b).
Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and in exing
as a lis pendens is desired. See Rule 3104(0).
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Borough ofWormleysburg,
Plaintiff
: IN THE COURT OF COMMON PLEA OF
: CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 2005-1358
Kathryn Kautz,
Defendants
CIVIL ACTION
WRIT OF EXECUTION - NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment ag .nst you.
It may cause your property to be held or taken to pay the judgment. You may have rights to revent
your property from being taken. A lawyer can advise you more specifically ofthese rights. I you
wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be e mpt.
There is a debtor's exemption of $300.00. There are other exemptions which may be applica Ie to
you. Attached is a summary of some of the major exemptions. You may have other exempti ns or
other rights.
If you have an exemption, you should do the following:
(a) Fill out the claim form and demand a prompt hearing.
(b) Deliver the form or mail it to the Sheriffs Office at the address noted.
You should come to the court ready to explain your exemption. If you do not
come to court and prove your exemption, you may lose some of your property.
This and any future communication from our debt collection firm are attempts to coli t a
debt and information obtained will be used for that purpose.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
(717) 249-3166
.
Wormleysburg Borough,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 2005-1358
Kathryn Kautz,
Defendants
CIVIL ACTION
MAJOR EXEMPTIONS UNDER PENNSYL VANIA AND FEDERAL LAW
(I) $300.00 statutoI)' 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
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I. The above-named defendant claims exemption of property from levy or attachment:
(I) From my personal property in my possession which has been levied upon:
(a) I desire that my $300.00 statutoI)' exemption he:
[ ] J. Set aside in kind (specify property to be set aside in kind):
[ ] IJ. Paid in cash following the sale of the property levied upon: or
[ ] 111. I claim the following exemption (specify property and basis of exe ption):
(2) From my property which is in the possession of a third party, I claim the following exemptions
(a) My $300.00 statutoI)' exemption: [ ] in cash; [ ] in kind (specify property):
(b) Social Security benefits on deposit in the amount of: $
(c) Other (specify amount and basis of exemption):
I request a prompt court hearing to determine the exemption. Notice of the hearing sho ld be
given to me at:
Address
Telephone Number
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 r lating
to unsworn falsification to authorities.
Date:
Defendant:
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-1358 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WORMLEYSBURG BOROUGH, Plaintiff (s)
From KATHRYN KAUTZ, 126 SOUTH SECOND STREET, WORMLEYSBURG, PA 17043
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANTS
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro
paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defenda t
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $2428.02
L.L.
Interest
Atty's Comm %
Atty Paid
Plaintiff Paid $34.25
Date: APRIL 12, 2005
Due Pro thy $1.00
Other Costs
CURTIS R. LONG
(Seal)
By:
Deputy
REQUESTING PARTY:
Name GARY BERRESFORD
Address: BOROUGH OF WORMLEYSBURG
20 MARKET STREET
WORMLEYSBURG, PA 17043-1396
Attorney for:
Telephone: 717-763-4483
Supreme Court 1D No.
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Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
1.42
1.00
11.10
20.00
20.00
.74
72.26
Sworn and Subscribed to before me
This 3l,;..t-- day 0,. f 7h 7
" 1
2005 A.D. l.....~~O' ~J;JJ<~ ~
Ffo onotary I
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Advance Costs:
Sheriffs Costs:
150.00
72.26
$ 77.74
Refunded to Atty on OS/24/05
So Answers;
r ~'l-~#-~
R. Thomas Kline, SHeriff
I,' 17
utudJL. ()flJ..u)httk/
By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-1358 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WORMLEYSBURG BOROUGH, Plaintiff (s)
Frorn KATHRYN KAUTZ, 126 SOUTH SECOND STREET, WORMLEYSBURG, PA 17043
(I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANTS
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined frorn
paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $2428.02
L.L.
Interest
Atty's Comm %
Atty Paid
Plaintiff Paid $34.25
Date: APRIL 12, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
ProthAry V 7fu
~Bv: (JA.J; _. Ph"1.t r-
Deputy
REQUESTING PARTY:
Name GARY BERRESFORD
Address: BOROUGH OF WORMLEYSBURG
20 MARKET STREET
WORMLEYSBURG, PA 17043-1396
Attorney for:
Telephone: 717-763-4483
Supreme Court ID No.
_ ___ __ __Bor.ough--Gi'--wormleysbuE<;J-- --------
VS.
In the Court of Common 'Pleas of
Cumberland County, Pennsylvania
--- --------------------------------------..---------
,/
Judgment in favor of Plaintiff on -.July__12,.__________
____ __ __Kat:~ryR-.-Kaut:_2-----
.-----------.-------
--20.04---
_.__________ for
$-2-,-4~. 02
---------------------------------------------------
No. -~351:l--
---C-iv-i-l---- Term, ;HI{)5 --
--------------------------
-----------------------
Entered -MaI:GI1.--l6-,--.------------------ z1.~&5---
--------------------------.------------------
_ __ __ ---BOF€>U"fh _ of--W0fm-}.eysburg _ ___ _ _ __ _ ___ ___ _ ---- --- - - -- - - --- - ---- -------- - ----- ------ Plaintiff
in the above Judgmc:nt, do appear and acknowledge that
we
this day have had and received and
from ____Kat~ryB--Kaut-2_-- --------------------- -- --- -------
.------------------------------------------
the defendant in the above JUd,STTICEt, full payment and ::;aisfaction of the SaJ~le, with interest and r:osts~ and desired that
satisfaction therefore shall be entered upon the records thereof.
And further)
we
do hereby authorize and empower--C-u.r-t=i-s--R-;--bong-------------------------------
____________________ thcProthonotary of said Court, to appear __..in__peJ;SOn--------------------------------
and in
our
name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all
intents and purposes, as we could were we
personally present in person to do so. And for so doing this shall be
your sufficient warrant of authority.
In testinlOny whereof,
we have hereunto set our hands and seals this __JB.th_____________________________
day of
-~-qy-----------------------------------------, A.D.aOfhS---R/
fil 11'
---------;t"'!~- --"---------------------------
-------------------
(Seal)
(Seal)
State of Pennsylvania
County of Cumberland,
}
----------------------------------------------
(Sea})
Personally appeared before me, the suhscriber, ____G.ar~-.w:.-J3e.rr.es.foxd"'--WOr.ml.eysburg-----------
. _ _ _ _ _ _ _ B.oxough- _S-e.cxeta.ry, - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - -- --
------------------------------------------------------------------------------------------
___ ______ _______ ____ ___________ ____ _ _ _ _ __ _ _ __________ _ __ ___ _ __ _ ___ _ ___ _ _ ___ _ ___ _ _ _ _ _ ___ _ the Plaintiff in the
above Judgment, and in due form of law ackumvleelged the within and foregoillg Power of Attorney to satisfy the Judg-
TllPnt ~Pt. forth. to be h; C! act and deed, and desired that tbe same shall be filed of record in the office of the Prothon-
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