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HomeMy WebLinkAbout14-6406 oev -Te r";, COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 Ashley Home Improvement, Chad Ashley MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Franklyn Apa, Jennifer Apa Carlisle, PA 17013 Telephone: 717-218-5250 Franklyn Apa Docket No: MJ-09201-CV-0000060-2014 46 Appalachian Drive Case i e 2014 Carlisle, PA 17015 Cross Complaint Docket No(s): MJ-09201-CV-0000069-2014 Disposition Summary cross complaint) ^~^ Docket No Plaintiff Defendant Disposition Disposition Date MJ-09201-CV-0000060-2014 Franklyn Apa Ashley Home Improvement Judgment for Plaintiff 08/29/2014 MJ-09201-CV-0000060-2014 Franklyn Apa Chad Ashley Judgment for Plaintiff 08/29/2014 MJ-09201-CV-0000060-2014 Jennifer Apa Ashley Home Improvement Judgment for Plaintiff 08/29/2014 MJ-09201-CV-0000060-2014 Jennifer Apa Chad Ashley Judgment for Plaintiff 08/29/2014 MJ-09201-CV-0000069-2014cc Ashley Home Improvement Franklyn Apa Judgment for Defendant 08/29/2014 MJ-09201-CV-0000069-2014cc Ashley Home Improvement Jennifer Apa Judgment for Defendant 08/29/2014 MJ-09201-CV-0000069-2014cc Chad Ashley Franklyn Apa Judgment for Defendant 08/29/2014 MJ-09201-CV-0000069-201400 Chad Ashley Jennifer Apa Judgment for Defendant 08/29/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Ashley Home Improvement $8,778.91 $0.00 $8,778.91 Chad Ashley $8,778.91 $0.00 $8,778.91 Franklyn Apa $0.00 $0.00 $0.00 Jennifer Apa $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Franklyn Apa; Jennifer Apa vs. Ashley Home Improvement; Chad Ashley on MJ-09201-CV-0000060-2014, on 8/29/2014 the judgment was awarded as foilows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,608.41 $0.00 $8,608.41 Filing Fees $170.50 $0.00 $170.50 Grand Total: $8,778.91 MDJS 315 Page 1 of 3 Printed:08/29/2014 12:17:44PM ev Ashley Home Improvement, Chad Ashley Docket No.: MJ-09201-CV,-0000069-2014 V. Franklyn Apa, Jennifer Apa ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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 TH J GMENT-DE13TOR PAYS tNfULL-,SEJTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.. o.oc�•,,,,ops AUG 2 9 Date Magisterial District Judge Paul M Fegley certify that this is a true and correct copy of the record of the proceedings containing e ju gment. Date Magisterial D istr1tt Judge - �,- C-) , + �>�asCn C ti <G CD �� ��� xa r '�1 W' y• li4o t , MDJS 315 Page 2 of 3 Printed:08/29/2014 12:17:44PM r O (' ` Ashley Home Improvement, Chad Ashley Docket No.: MJ-09201-CV=0000069-2014 V. Franklyn Apa, Jennifer Apa Participant List Plaintiff(s) Ashley Home Improvement 31 King Drive - - Carlisle, PA 17015 Chad Ashley 31 King Drive Carlisle, PA 17015 v� Defendant(s). Franklyn Apa 46 Appalachian Drive Carlisle, PA 17015 r" I Jennifer Apa f 46 Appalachain Dr Carlisle, PA 17015 MDJS 315 Page 3 of 3 Printed:08/29/2014 12:17:44PM i t 8/29/14 Franlyn & Jennifer Apa Vs. Ashley Home Improvement & Chad Ashley CV-60-14 Apa's claim(contract) was flawed but still agreed to have work done at a set price. Apa's owe balance due of$2,550.00, however Apa's were able to show some sub standard construction practice. Apa's provided a cost list, Exhibit A, with supporting documents to support cost repairs total $12,080.16. Apa's included "Yingst Report" on cost list for $841.59. This amount will not be granted as part of judgment therefore: 12,000.00 -841.59 Yingst Report -2,550.00 Balance Due to Ashley $8,608.41 Civil Judgment 170.50 Costs $8,778.91 Grand Total Paul M. Fegley Magisterial District Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ❑Confessed Judgment Plainti f ❑Other C16A VS. File No. It-{ Amount Due Defendant Interest -^� -.cfi"g_ Address: Atty's Comm C3''Z' r1 Costs . T' n `1 v e. �,-- -, C&r l s lu �fa i r7 C� 1 % ' 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 C U 61z'r`101 n G� County,for debt, interest and costs,upon the following described property of the defendant(s) CC>o uC-41c� eq_� �>C've,n-� , -�oea � s Vele-�S .lnC1uG� �n �obCcX{�r> Gn �(Y,ft� e_c`�Ck -�p�� C©n94r kjC'�ic� , `�l o� Ar>� personal Ile h �clA q'e-.gds 0 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 real estate of the defendant(s)described in the attached exhibit. .' Date 1) 'Zpl Signature: � b <•� . SV P& 'p �� Print Name: (_1 1C I n Address: ylQ ;Q n,�A c ti, cin n 11r� - '� C'�') ,URtA +?a 177o15- Attorney ib1Attorney for: Telephone: "7 17 - 7 U U ' aU C ` ) Z. bV e ib` Supreme Court ID No: 31 .�as� of cvM a e� A% THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA " a DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA• 17013 1759 (717)240-6195 www.ccpa.net Franklyn Apa,Jennifer Apa Vs. NO 14-6406 Civil Term CIVIL ACTION—LAW Ashley Home Improvement,Chad Ashley 31 King Drive Carlisle,PA 17015 WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Ashley Home Improvement,Chad Ashley Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; any, all construction equipment, tools, vehicles, including 'Bobcat', any materials for construction. Any personal vehicles,cash on hand,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 $8,778.91 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs ' . Date: 11/5/14 �L • � David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : Franklyn Apa,Pro Se Address: 46 Appalachian Drive Carlisle,PA 17015 Attorney for: Telephone: 717-766-2693 Supreme Court ID 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