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HomeMy WebLinkAbout14-6733 - 733 C� COMMONVVEAL$H OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 Robinson's Towing Service MDJ Name: Honorable H.Anthony Adams V. Address: 35 West.Orange Street Stuart McHenry Shippensburg,PA 17257 Telephone: 717-532-7676 cz c-ys `r'i Robinson's Towing Service Docket No: MJ-0930'-008(3101=2014 3664 Shermans Valle Rd7/15/209M Y Case Filed: Loysville, PA 17047 =::u r� -r' Z© ..._ Disposition Summary (cc-cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000101-2014 Robinson's Towing Service Stuart McHenry Default Judgment for Plaintiff 10/06/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Robinson's Towing Service $0.00 $0.00 $0.00 Stuart McHenry $0.00 $223.80 $223.80 Judgment Finding ("Post Judgment) _� T In the matter of Robinson's Towing Service vs. Stuart McHenry on MJ-09301-CV-0000101-2014, on 10/06/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $105.00 $105.00 Filing Fees $0.00 $95.50 $95.50 Server Fees $0.00 $23.30 $23.30 Grand Total: $223.80 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. � 313��1 •,,,M; Date Magisterial District Judge H.Anthony Adams certify that this is a true and correct copy of the record of t e procee Ings containing the judgment. 1114 //(—(— Date Magisterial District u ge MDJS 315 Page 1 of 2 Printed: 10/06/2014 10:57:55AM " ROOson'S Towing Service Docket No.: MJ-09301-CV-0000101-2014 V. Stuart McHenry Participant List Plaintiff(s) Robinson's Towing Service 3664 Shermans Valley Rd Loysville, PA 17047 Defendant(s) Stuart McHenry 25 S Washington Street Shippensburg,PA 17257 MDJS 315 Page 2 of 2 Printed: 10/06/2014 10:57:55AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION T r7 Confessed Judgment Plaintiff ROther VS. File No. l —G 7 3,3 cS•f J� ,,,�/ ,i��ry Amount Due Defendant Interest Address: Atty's Comm o_S 5 k46 �jr/r '1 Sf Costs q ��rq /1oZ S7 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 County,for debt,interest and costs,upon the following described property of the defendant(s) 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 Signature: _L;�.� fPrint Name: Address: /A" Attorney for: Telephone: Supreme Court ID No: 2..2;�✓e �o. Cash "-3136gI AAL ,.F �x 7SsvEr✓ Of CVS r r THE COURT OF COMMON PLEAS � a o CUMBERLAND COUNTY PA z " a DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite100• Carlisle,PA• 17013 1750 (717)240-6195 www.ccpa.net Robinson's Towing Service Vs. NO 14-6733 Civil Term CIVIL ACTION—LAW Stuart McHenry 25 S.Washington Street Shippensburg,PA 17257 WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Stuart McHenry Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; Anything to cover the judgment plus all costs. (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 $223.80 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 11/19/14 David D. ,Prothonot By: Deputy REQUESTING,PAR_TY: Name :Dean Robinson Address:3664 Shermans Valley Road Loysville,PA 1.7047 Attorney for: Telephone: 717-789-3401 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 205 JAN 14 PH I: C i CUMBERLAND COUNT Robinson's Towing Service vs. Stuart Mchenry Case Number 2014-6733 SHERIFF'S RETURN OF SERVICE 11/21/2014 06:52 PM - Shawn Gutshall, Deputy , being duly sworn according to law, states that on November 21, 2014 at 6:52 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: Stuart Mchenry at 25 S Washington Street, Shippensburg Borough, Shippensburg, PA 17257, 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 11-25-14. 01/14/2015 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $89.28 SO ANSWERS, January 14, 2015 fc) CountySu e Sherif;, Tel oft, Inc. RONR-R ANDERSON, SHERIFF DISTRIBUTION PLAINTIFF Robinson's Towing Service WRIT NO. 2014-6733 Robinson's Towing Service Vs Stuart McHenry Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 223.80 59.75 $ 283.55 Sheriff's Costs Docketing $ 1.8.00 Poundage 4.47 Law Library Prothonotary 2.25 Service Mileage 22.60 Postage 1.96 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 20.00 Levy 20.00 TOTAL $ 89.28 Remitter Paid to Sheriff Advance Costs Total Collected Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 283.55 150.00 89.28 $ 372.83 150.00 $ 522.83 So Answers: c 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 Robinson's Towing Service Vs. NO 14-6733 Civil Term CIVIL ACTION — LAW Stuart McHenry 25 S. Washington Street Shippensburg, PA 17257 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Stuart McHenry Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; Anything to cover the judgment plus all costs. (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 $223.80 Interest Attorney's Comm. % Attorney Paid Date: 11/19/14 (Sea I) REQUESTING PARTY: Name : Dean Robinson Address: 3664 Shermans Valley Road Loysville, PA 17047 Attorney for: Telephone: 717-789-3401 Supreme Court ID No. Plaintiff Paid $59.75 Law Library Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary By: Deputy 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 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court Carlisle, Pa. This (/j day of 20 _/_/ Prothonotary s ke(44 2