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Home My WebLink About14-5655 60 COMMONWEALTH OF PENNSYLVANIA T Notice of Judgment/Transcript Civil COUNTY OF LANCASTER Case Mag. Dist. No: MDJ-02-3-09 W.E. Mohr Jr., Inc. MDJ Name: Honorable Jayne F. Duncan V. Address: 920 South Spruce Street Richard Phelan, Gingerbread Man of Elizabethtown, PA 17022 Hummelstown, Inc. Telephone: 717-367-4330 Kendra Ann Mohr, Esq. Docket No: MJ-02309-CV-0000116-2014 Pannebaker& Mohr PC Case Filed: 6/20/2014 4000 Vine St Ste 5 Middletown, PA 17057-3565 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-02309-CV-0000116-2014 W.E.Mohr Jr., Inc. Richard Phelan Default Judgment for Plaintiff 08/04/2014 MJ-02309-CV-0000116-2014 W.E.Mohr Jr.,Inc. Gingerbread Man of Default Judgment for Plaintiff 08/04/2014 Hummelstown,Inc. Judgment Summary Participant Joint]Several Liability Individual Liability Amount Gingerbread Man of Hummelstown, Inc, $2,133.54 $0.00 $2,133.54 Richard Phelan $2,133,54 $0.00 $2,133.54 W.E.Mohr Jr.,Inc. $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of W.E. Mohr Jr., Inc. vs. Richard Phelan; Gingerbread Man of Hummelstown, Inc. on MJ-02309-CV-0000116-2014, on 8/04/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $1,991.64 $0.00 $1,991.64 Costs $10.00 WOO $10.00 Filing Fees $90.50 $0.00 $90.50 Server Fees $41.40 $0.00 $41.40 Grand Total: $2,133.54 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. <9 157 Date Magisterial District Judge Duncan MDJS 315 Page 1 of 3 Printed:09/16/2014 3:00:53PM W.E. Mohr Jr., Inc. Docket No.: MJ-02309-CV-0000116-2014 V. Richard Phelan, Gingerbread Man of Hummelstown, Inc. certify that this is a true an correct copy ot the record of the rocee in t o judgment. ate agisterial istrict Judge MDJS 315 Page 2 of 3 Printed:09/16/2014 3:00:53PM W.E. Mohr Jr., Inc. Docket No.: MJ-02309-CV-0000116-2014 V. Richard Phelan, Gingerbread Man of Hummelstown, Inc. Participant List Plaintiff(s) W.E. Mohr Jr., Inc. 2224 River Rd Bainbridge, PA 17502 Defendant(s) Gingerbread Man of Hummelstown, Inc. 735 South Hanover Street = Carlisle, PA 17013 Richard Phelan 735 S. Hanover St. -;0'C�', Carlisle, PA 17013 �C co Complainant's Attorneys) Kendra Ann Mohr, Esq. ;t Pannebaker&Mohr PC cy, J- 4000 Vine St Ste 5 Middletown, PA 17057-3565 o�Ce MDJS 315 Page 3 of 3 Printed:09/16/2014 3:00:53PM Office of the Prothonotary • Court of Common Pleas • Civil CourthousE 50 North Duke Stree P.O.Box 8348( Lancaster,PA 17608-348( Prothonotary Phone:717-299-828: Katherine Wood-Jacobs Fax:717-293-721( kwoodjacobs@co.lancaster.pa.us www.co.lancaster.pa.us/prothonotan Chief Deputy Prothonotary Lori C.Groff groffl@co.lancaster.pa.us f Dear Sir or Madam: A search of our records indicates that no appeal has been filed with Lancaster County in the name of WE Mohr Jr., Inc. vs Richard Phelan, Gingerbread Man of Hummelstown, Inc. as of September 16, 2014. Sincerely, Katherine Wood-Jacobs Prothonotary C7 f V C C C"v � rn M r-- � Cn N �> <Q 2C D C7 C::)-11 p 2� >c [*) C:1 -{ C ri s� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION W.E. Mohr Jr., Inc. ❑Confessed Judgment Plaintiff ❑✓ Other l� J vs. File No. MJ-02309-CV-0000116-2014 Richard Phelan Amount Due 2133.54 Defendant Interest Address: Atty's Comm 735 S. Hanover Street Costs Carlisle, Pa 17013 c M C/) M M M-- TO THE PROTHONOTARY OF THE SAID COURT: D w The undersigned hereby certifies that the below does not arise out of a retail instalf.m—ent sale contract,or account based on a confession of judgment,but if it does,it is based on the appropri?te(cyrigirt_?._ o proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6y�74[n n r' amended. rn :Z 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) OM' pal �rS � 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 gamishee(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 September 18, 2014 Signature: W/)') Print Name: Kathleen W. Mohr Address: 2224 River Road S3� F Bainbridge, Pa 17502. a � Attorney for: 415 Telephone: Supreme Court ID No: �asILk& O-Z. J~s O F V s r THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA " DAVID D. BUELL,PROTHONOTARY One Courthouse Square.• Suite 100 • Carlisle,PA • 17013' 1750 (717)240-6195 www.ccpa.net W.E.MOHR JR.,INC. Vs. NO 14-5655 Civil Term CIVIL ACTION—LAW RICHARD PHELAN,GINGERBREAD MAN OF HUMMELSTOWN,INC. WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment,interest and costs against RICHARD PHELAN,735 S.HANOVER STREET, 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; LEVY 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 1 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 $2,133.54 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 09/23/14 David D.Buell,Prothonotary (Seal). B : Deputy REQUESTING PARTY: Name : KATHLEEN W. MOHR Address:2224 RIVER ROAD BAINBRIDGE,PA 17502 Attorney for: Telephone: Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $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 .ED- Li f Iui_ THE P <O - O3•W OFFS,^.'E OF mE `;•-ERIFF Nit! DEC -1 AN 9: E 5 CUMBERLAND COUNTY PENNSYLVANIA W. E. Mohr Jr., Inc. vs. Richard E Phelan Case Number 2014-5655 SHERIFF'S RETURN OF SERVICE 10/30/2014 11:23 AM - Shawn Gutshall, Deputy , being duly sworn according to law, states that on October 30, 2014 at 11:23 AM 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: Richard E Phelan at 735 South Hanover Street, Carlisle Borough, Carlisle, PA 17013. Upon serving the writ of execution, defendant paid $ 2,284.46 26 to Deputy Shawn Gutshall. 12/01/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $91.17 (PAID BY DEFENDANT) SO ANSWERS, December 01, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. DISTRIBUTION PLAINTIFF W. E. Mohr Jr., Inc. WRIT NO. 2014-5655 W. E. Mohr Jr., Inc. Vs Richard Phelan, Gingerbread Man of Hummelstown, Inc. Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 2,133.54 59.75 $ 2,193.29 Sheriff's Costs Docketing $ 18.00 Poundage 42.67 Law Library Prothonotary 2.25 Service Mileage 6.78 Postage 1.47 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 20.00 Levy TOTAL $ 91.17 Remitter Paid to Sheriff Advance Costs Total Collected Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 2,193.29 150.00 91.17 $ 2,284.46 150.00 $ 2,434.46