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HomeMy WebLinkAbout14-4923 i FILED-OFFICE- Johnson, ILED-OF 10EJohnson, Duffle, Stewart &Weidner OF HE PRO T NONDTAR-r By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiffs71114 AUG 20 PM k 5 7 301 Market Street P. O. Box 109 CUMBERLAND COUNTY Lemoyne, Pennsylvania 17043-0109 PENNSYLVANIA (717) 761-4540 mcd@jdsw.com JOHN R. SCHREIBER, JR. AND IN THE COURT OF COMMON PLEAS OF PATRICIA A. SCHREIBER, CUMBERLAND COUNTY, PENNSYLV NIA Plaintiffs {� Q NO. V. CIVIL ACTION—LAW RICHARD A. MORRIS, Defendant PRAECIPE TO ENTER JUDGMENT AND NOW, this /Y` day of 7d04 , 2014, no appeal having been taken from the District Justice's award in the above captioned matter, enter judgment on the award in favor of Plaintiffs, JOHN R. SCHREIBER, JR. and PATRICIA A. SCHREIBER and against Defendant, RICHARD A. MORRIS in the amount of $2,815.50. See District Justice Award Attached ae By: --Wa-rk C. Mffie JUDGMENT ' AND NOW, this day of `'"'' '' 2014, judgment is entered as above requested in, favor of Plaintiffs, JOHN R. SCHREIBER, JR. and PATRICIA A. SCHREIBER, and against Defendant, RICHARD A: MORRIS. PROTHONOT Y By: .� Deputy COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil ,,,COUNTY OF CUMBERLAND Case Mag. Dist No: MDJ-09-1-03 Patricia/John Schreiber Jr. MDJ Name: Honorable Richard S.Dougherty V. Address: 98 South Enola Drive,Suite 1 Richard A Morris Enola, PA 17025 Telephone: 717-728-2805 Mark Clifford Duffle, Esq. Docket No: MJ-09103-CV-0000119-2013 301 Market St Case Filed: 6/21/2013 PO Box 109 Lemoyne, PA 17043-0109 Disposition Summary Docket No Plaintiff Defendant Disposition Disoosition Date MJ-09103-CV-0000119-2013 Patricia/John Schreiber Jr. Richard A Moms Default Judgment for Plaintiff 08/01/2013 Judgment Summary Participant Joint/Several liability Individual Liability Amount Patricia/John Schreiber Jr. $0.00 $0.00 $0.00 Richard A Moms $0.00 $2,815.50 $2,815.50 Judgment Detail (•PostJudgment) In the matter of Patricia/John Schreiber Jr.vs. Richard A Monis on 8/01/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount I Civil Judgment $0.00 $2,700.00 $2,700.00 Filing Fees $0.00 $115.50 '$115.50 ' Grand Total: $2,815.50.. 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 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. 1 erp AUG 012013 Date Ma ' erial District Ju ichard S. ougherty certify that this is a true and correct copy of the record of the proceedings ntaining the lud JUL 28 2014 Date gis ria Distri J MDJS 315 Page 1 of 2 Printed:08/01/2013 10:28:46AM Patricia/John Schreiber Jr. Docket No.: MJ-09103-CV-0000119-2013 V. Richard A Morris Participant List Plainttff(s) Patricia/John Schreiber Jr. 940 S Humer St Enola, PA 17025 Defendant(s) Richard A Moms 930 S Humer St. Enola, PA 17025 Complainant's Attorney(s) Mark Clifford Duffle,Esq. 301 Market St PO Box 109 Lemoyne, PA 17043-0109 C -0 rT7 C- ':1�' P � c -c CD C CD- 7 MDJS 315 Page 2 of 2 Printed 08/01/2013 10:28:46AM CERTIFICATE OF SERVICE AND NOW, this day of �"� , 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Enter Judgment upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard A. Morris 930 S. Humer Street Enola, PA 17025 JOHNSON, DUFFIE, WEIDNER By: ark C. Duffie :641668 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION John R. and Patricia A. Schreiber ❑Confessed Judgment Plaintiff ❑✓ Other n VS. File No. Richard A. Morris Amount Due $2,70-01.00 Defendant Interest $162.00 C", i� Address: Atty's Comm $324.75 Costs -<> TO THE PROTHONOTARY OF THE SAID COURT: - The undersigned hereby certifies that the below does not arise out of a retail 95le, contract,or account based on a confession of judgment,but if it does,it is based on the appropriate oriiial -- ' 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) Levy upon and sell all personal property of the Defendant,Richard a. Morris, including, but . not limited to, all household goods and personal effects situate at the residence of Richard A. Morris at 930 S. Humer Street,Enola,PA 17025 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 r es to f the defendant(s)described in the attached exhibit. Date Auigust 19, 2014 Signature: Print Name: Mark C. Duffie nn hh,,� Address: 301 Market Street (J�"� / Lemoyne, PA 17043 � ab Attorney for: Plaintiffs Telephone: 717-761-4540 Supreme Court ID No: 75906 O F C vM z THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA " a DAVID D. BUELL,PROTHONOTARY One Courthouse Square- Suite100 - Carlisle,PA- 17013 r�so (717)240-6195 www.ccpa.net JOHN R.AND PATRICIA A.SCHREIBER Vs. NO 14-4923 Civil Term CIVIL ACTION—LAW RICHARD A.MORRIS WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RICHARD A. MORRIS,930 S.HUMER STREET, ENOLA,PA 17025 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, RICHARD A. MORRIS, INCLUDING, BUT NOT LIMITED TO, ALL HOUSEHOLD GOODS AND PERSONAL EFFECTS SITUATE AT THE RESIDENCE OF RICHARD A. MORRIS, 930 S. HUMER STREET, ENOLA,PA 17025. (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. 1 (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. Amount Due $2,700.00 Plaintiff Paid Interest$162.00 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $59.75 Other Costs 32 . Date: 8/20/14 David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name : MARK C.DUFFIE,ESQUIRE Address:JOHNSON,DUFFIE,STEWART&WEIDNER 301 MARKET STREET LEMOYNE,PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 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 RannyR Anderson Sheriff ow� `��T..'�.�-�[,��/ Jody 88mdh *r �� -,v ~ E.., .HONDl ~ � .. . s- w+ ' � ma uepu� y0!II SEP \7 PM 2:7L Richard W Stewart "" 4-c��� Solicitor upF10EorTHE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA John R Schreiber (et al.) vs Richard Morris Case Number 2014-4923 SHERIFF'S RETURN OF SERVICE 00/15/2014 11»45AM'Shawn GutshoU.Deputy . being duly sworn according to law, states that on September 15, 2014 at 11:45 AM hours, served the requested Writ of Execution and Claim for ExemptionForm "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Richard Morris at 930 S. Humer Gtneet, East Pennsboro Township, Eno|m, PA 17025. DEFENDANT DOES NOT RESIDE AT THIS ADDRESS. NOTE: Defendant was at this address to care for his sick ex-wife. Defendant does NOT live at 930 5. Humer StreetDefendant currently lives at 57 Free Spirit Drive, LandisburgPA 17241, which is in Perry County. Defendant receives mafl at 224 W High Street, New Bloomfield, PA 17068. which is his brother's address. 09/16/2014 Ronny R. Anderson, Shehff, who being duly sworn according to Iaw, states this writ of execution is returned STAYED. Defendant does not reside in Cumberland County. SHERIFF COST: $59.85 SO ANSWERS, September 16, 2014 (c) Counly;'.-luite Sheriff, Te!eoseit. inc. v` .^ RONNYRANDERSON. SHERIFF