HomeMy WebLinkAbout14-5668 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC.,
Plaintiff
VS. .
Ak-
CLAYTON T. RUSSELL, c.
Defendant
_a
PRAECIPE TO ENTER JUDGMENT
TO: PROTHONOTARY
Enter judgment in favor of Plaintiff, Penn Waste, Inc., and against Defendant, Clayton T. Russell,
in the amount of$292.41, in accordance with the judgment entered by Magisterial District Judge Mark
Martin, a copy of which is attached hereto.
Date:_ l REAM, CARR, MARKEY&WOLOSHIN, LLP
By: � 2 !L
John N. Elliott, Esq.
119 East Market Street
York, PA 17401
Phone: 717-843-8968
Fax: 717-846-4999
Sup. Ct. I.D. 82818
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COMMONWEALTH OF PENNSYLVANIA
ZOUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ-09-3-05 Penn Waste Inc
MDJ Name: Honorable Mark Martin
V.
Address: 507 North York Street Clayton T Russell
Mechanicsburg, PA 17055
Telephone: 717-766-4575
. Penn Waste Inc 111
85 Brickyard Road Docket No: MJ-09305-CV-0000063-2014
P.O. Box 3066 Case Filed: 6/25/2014
York, PA 17402
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/ SEP 11 2014
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Disposition Summary (cc-Cross Complaint)
Docket No Plaintiff Defendant Disposition
Disposition Date
MJ-09305-CV-0000063-2014 Penn Waste Inc Clayton T Russell Default Judgment for Plaintiff 08/01/2014
JudgmentSummary' r.. _._....._ __.--.,_.._ ..._._ .__....__...... . __....._.._ _.._.._ _,.__. _
Participant Joint/Several Liability Individual Liability Amount
. Penn Waste Inc $0.00 $0.00
Clayton T Russell $0.00
$0.00 $292.41
$292.41
Judgment Finding (•PostJudgment) — - --- -
In the matter of. Penn Waste Inc vs. Clayton T Russell on MJ-09305-CV-0000063-2014, on 8/01/2014 the judgment was awarded as
follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $206.41
Filing Fees $0.00 $206
$86.00 $86.0000
Grand Total: $292.41
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.
7��J■rye .aim or� {.�\'
Date Magisterial District Judge Mark Martin ``
certify that this is a true and correct copy o7 the record o the proceedings containing t e 1u gment.
CY
Date Magisterial District Judge
MDJS 315
Page 1 of 2 Printed:08/01/2014 11:22:30AM
Penn Waste IncV. Docket No.: MJ-09305-CV-0000063-2014
Clayton T Russell
Participant List
Plaintiff(s)
Penn Waste Inc
85 Brickyard Road
P.O. Box 3066
York, PA 17402
Defendant(s)
Clayton T Russell
305 Stoner Rd
Mechanicsburg, PA 17055
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MDJS 315
Page 2 of 2 Printed:08/01/2014 11:22:30AM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PENN WASTE, INC.,
Plaintiff
VS.
CLAYTON T. RUSSELL,
Defendant
AFFIDAVIT OF NO APPEAL
TO THE PROTHONOTARY:
As of the date hereof, no District Justice Appeal has been filed in the above-captioned matter.
REAM,CARR, MARKEY&WOLOSHIN, LLP
Date: �,� -' BY��JO
John N. Elliott, Esq.
119 East Market Street
York, PA 17401
Phone: 717-843-8968
Fax: 717-846-4999
Sup. Ct. I.D. 82818
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC.,
Plaintiff
VS.
I /'
CLAYTON T. RUSSELL,
Defendant
NOTICE OF ENTRY OF JUDGMENT
(X) Notice is hereby given that a judgment in th above-captioned matter has been
Entered against you on 1 y _in the amount of$292.41,
plus costs of suit.
(X) A copy of all documents filed with the Prothono%ry in support,of the within
judgment are enclosed. + ,
Prothonotary of Cumberland County
Civil Division
By:
If you have any questions regarding this Notice, please contact the filing party:
John N. Elliott, Esq.
119 East Market Street
York, PA 17401
Phone: 717-843-8968
Fax: 717-846-4999
Sup. Ct. I.D. 82818
(This Notice is given in accordance with Pa.R.C.P. 236)
Notice sent to: Clayton T. Russell
305 Stoner Road Ext.
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
PENN WASTE, INC.,
Plaintiff
vs.
CLAYTON T RUSSELL
3v s Starter
Defendant [ec�i'i , r9 14 f?o
Cuta
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
TO THE PROTHONOTARY:
Please issue writ of execution to the above captioned matter:
(1) Directed to the Sheriff of Cumberland County, Pennsylvania
(2) Against Clayton T. Russell (Defendant)
(3) And against , Garnishee;
(4) And Index this Writ:
(a) Against Clayton T. Russell (Defendant)
(b) Against , Garnishee;
as a lis pendens against the real property of the Defendant in the name of the Garnishee as follows:
Please levy all personal property of the Defendant of resalable value. Please also levy all
vehicles.
(5) Amount due $ 292.41
Interest from 8/1/14 -9/18/14 2.31
Attorney Fee 125.00
Total $ 419.72
Date: 7.2Z-' IL)'
Co •fJ
31. Os -
4
s
John N. Elliott, Esq.
Ream, Carr, Markey & Woloshin LLP
119 East Market Street
York, PA 17401
Phone: 717-843-8968
Fax: 717-846-4999
Sup. Ct. ID: 82818
ULA4 --76 461
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THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suitel00 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
PENN WASTE INC.
Vs. NO 14-5668 Civil Term
CIVIL ACTION — LAW
CLAYTON T. RUSSELL
WRIT OF EXECUTION
(Pa R.C.P. 3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against CLAYTON T. RUSSELL, 305 STONER ROAD,
MECHANICSBURG, PA 17055 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
PLEASE LEVY ALL PERSONAL PROPERTY OF THE DEFENDANT OF RESALABLE VALUE.
PLEASE ALSO LEVY ALL VEHICLES.
(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.
Amount Due $292.41 Plaintiff Paid $59.75
Interest FROM 8/1/14 - 9/18/14 - $2.31 Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Attorney Paid Other Costs $125.00
Date: 09/24/14
(Seal)
Davi,'r'uell, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name : JOHN N. ELLIOTT, ESQUIRE
Address: REAM, CARR, MARKEY & WOLOSHIN LLP
119 EAST MARKET STREET
YORK, PA 17401
Attorney for: PLAINTIFF
Telephone: 717-843-8968
Supreme Court ID No. 82818
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
-r
DEC -4 P112:56
CUMBERLAND COUNTY
PENNSYLVANIA
Penn Waste, Inc. Case Number
vs.
Clayton T Russell 2014-5668
SHERIFF'S RETURN OF SERVICE
10/08/2014 05:04 PM - Jamie DiMartile, Deputy , being duly sworn according to law, states that on October 08, 2014
at 5:04 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:
Clayton T Russell at 305 Stoner Road, Monroe Township, Mechanicsburg, PA 17050, informed
Defendant of contents of same and levied upon personal property as directed. Copy of levy mailed to
attorney and letter mailed to defendant on October 9, 2014.
11/03/2014 09:16 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by
posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located
at 305 Stoner Road, Monroe Township, Mechanicsburg, PA 17050, Cumberland County.
12/04/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned
SATISFIED. Defendant paid plaintiff directly.
SHERIFF COST: $116.15 SO ANSWERS,
December 04, 2014 RONNY R ANDERSON, SHERIFF
(C) CountySuite Sheriff, Teleosoft. h c.
fid 6,
4 V.4 7
A/I7-3/NJ7r.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PENN WASTE, INC., No. 2014-5668
Plaintiff
vs.
CLAYTON T. RUSSELL,
Defendant
TO THE PROTHONOTARY:
Date:
PRAECIPE TO SATISFY
Please mark the above -captioned case and judgment settled and satisfied.
REAM, CARR, MARKEY & WOLOSHIN, LLP
By:
iohn N. Elliott, Esq.
119 East Market Street
York, PA 17401
Phone: 717-843-8968
Fax: 717-846-4999
Sup. Ct. I.D. 82818