HomeMy WebLinkAbout05-3494
Borough ofWonn1eysburg
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
NO. 0.5,3VQ<{ Cu;J 7:...-
v.
Carol D. Frank
Defendant
: CIVIL ACTION - LAW
pRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment against the Defendant, Carol D. Frank, for the amount of $428.1 0
in the above-captioned matter.
Date: July 6, 2005
_J~"'d
W onnleysburg Borough Manager
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NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'BOB.OUGB 01' WOlUlLBYSBUB.G
20 lU\B.1tBT STB.BBT
WOlUlLBYSBUB.G, PA 17043
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUllBERLAJIlD
Mag DisLNo
09-1-02
MDJ Name: Hon
B.OBEB.T v. 1lARL0VB
Addc'" 1901 STATE ST
CAMP BILL, PA
.J
VS.
NAME and ADDRESS
-,
T'''phoo< (717) 761-0583 17011-0000
DEFENDANT:
fi'llABK, CAB.OL D
560 OLD OB.CBARD LlII
CAMP BILL, PA 17011
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Docket No.: CV_0000118-05
Date Filed: 3/16/05
.J
.
BOB.OUGB 01' lfOlUlLBYSBUB.G
20 MABXBT STB.BET
WOlUlLBYSBUB.G, PA 17043
THIS IS TO NOTIFY YOU THAT:
Judgment:
[il Judgment was entered for:
Dl!:l!'am.T :nm~ PI.TI!'
(Name) 'An'Dnnn:a n.. 'Wn'DUT_WVa'RlTDt:!
[il Judgment was entered against: (Name) 11'11 IUIIIr , ('",lInl. n
in the amount of $
42R 10 on:
(Date of Judgment)
4/1R/0""
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 369.60
Judgment Costs $ 58.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 428.10
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgm,ehtTotal $
o This case dismissed without prejudice.
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTIIRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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 MAYBE 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.
jj 18/OS
I certify that this is a true a e proceedings containing the judgment.
~ Date ' Magisterial District Judge
Date
, Magisterial District Judge
My commission expires first Monday of January, 2006 . SEAL
Aope 315-05
DATB PB.IlIITBD:
4/19/05 11:14:31 AM
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,Borough ofWorm1eysburg
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 05' . .3 '19'( 0>>J /~
v.
Carol D. Frank
Defendant
: CIVIL ACTION - LAW
NOTICE OF FILING JUDGMENT
TO: Carol D. Frank
You are hereby notified that on Q. 0 / I
entered against you in the above-captione<1 cJse.
,2005, the following judgment has been
$428.10 plus interest and costs
Date: \) Po /I :2 01! ::
I .
( h" (l Jujlw I "h
prothonotary
I hereby certify that the names and addresses of the proper person to receive this notice are as
follows:
Defendants:
Carol D. Frank
560 Old Orchard Lane
Camp Hill, P A 17011
CreditorlPlaintiff:
Borough ofWormleysburg
20 Market Street
Wormleysburg, PA 17043-1396
I hereby certify that the precise address as to Plaintiff and last known address as to Defendant
= 00""" ~ '" fm'''oovo. ~
Gary w. Be~ford
W ormleysburg Borough Manger
Borough ofWorm1eysburg
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
vi.
Carol D. Frank
Defendant
CIVIL ACTION - LAW
AFFIDAVIT OF NO APPEAL
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Gary W. Berresford, the undersigned, being duly sworn according to law, deposes and says
that the Defendant, Carol D. Frank, has not appealed the verdict entered against her by
Magisterial District Judge Robert V. Manlove on April 18, 2005.
Sworn to and subscribed to
Before me this .2!J!.day of
JU~Y ,2005.
~~,),J1~~
Notary Public .
COMMONWEALTH OF PENNSYLVANIA
Notanal Seal
Melissa J. S. Kenyar, Notary Public
Lemoyne BorD. Cumbel1and County
My CommlSSlOl1 Expi~!'; "I,.... ,i ~>07
Member. Pen~IS)i"'>' ,; ''I.::;'6,.,;,~'llv'. Of N~t;;'ries
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO OS-3494 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s)
From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011
(1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD
LANE, CAMP HILL, PA 17011 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$428.10
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $59.75
Date: AUGUST 29, 2012
(Seal)
REQUECTIN` PARTY:
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
L.L. $
Due Prothy $2.25
Other Costs
,! rC.J . ~"Yi~2.l~
David D. Buell, Prothonotary
Deputy
Telephone:
Supreme Court ID No.
Borcugh cf Wormleysburg
Plaintiff
v.
Carcl D. Frank
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAr
NO. 05-3494
CNIL ACTION
(PRAECIPE FOR WRIT OF EXECUTI01~
TO THE PROTHONOTARY:
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(1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland
Pennsylvania:
(2) Against ,Defendant:
(3) And against ,Garnishee(s):
(4) And index this writ
(A) Against Defendant
(B) Against A ' (Garnishee(s)
As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (s
describe property)
Any and all personal property of the Defendants, Bpi D • Frank , of add:
560 Old Orchard Lane , Pennsylvania ~~_3
Camp Hill
(5) Amount due $ 4 28.10
Interest from to $
@ 6%
Total ~ 4 2 8.10 Plus All Costs in Offices
Of Prothonotary & Sheriff
Dated:g„g~~st 22, 2012
Plaintiff
-NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 31
county should be indicated.
Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the c
which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is di
authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that co
the prothonotary. See Rule 3014(b).
Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and
as a lis pendens is desired. See Rule 3104(c).
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Barough of Wormleysburg
Plaintiff
v.
Carol D. Frank
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAZ
NO. 05_3494
CIVIL ACTION
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
(1) $300.00 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
CLAIM FOR EXEMPTION
TO THE SHERIFF:
l . .The above-named defendant claims exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon:
(a) I desire that my $300.00 statutory exemption be:
[ ] I. Set aside in kind (specify property to be set aside in kind):
[ ] II. Paid is cash following the sale of the property levied upon; or
[ ] III. 1 claim the following exemption (specify property and basis of
(2) From my property which is in the possession of a third party, I claim the following
(a) My $300.00 statutory exemption: [ j in cash; [ ] in kind (specify property):
(b) Social Security benefits on deposit in the amount of $
(c) Other (specify amount and basis of exemption):
I request a prompt court hearing to determine the exemption. Notice of the hearing
given to me at:
Address Telephone Number
I verify that the statements made in this Claim for Exemption aze true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §49(
to unswom falsification to authorities.
Date: Defendant:
be
relating
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY.
Borough of Wormleysburg 1N 'I'FS COURT OF COMMON PLEAS OF
' :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
y NO. 05-3494
Carol D. Frank ;
Defendants :CIVIL ACTION I
WRIT OF EXECUTION -NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment against
It may cause your property to be held or taken to pay the judgment. You may have rights to prev
your property from being taken. A lawyer can advise you more specifically of these rights. If yo
wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be exe t.
There is a debtor's exemption of $300.00. There aze other exemptions which may be applicable o
you. Attached is a summary of some of the major exemptions. You may have other exemptio or
other rights.
If you have an exemption, you should do the following:
(a) Fill out the claim form and demand a prompt hearing.
(b) Deliver the form or mail it to the Sheriffs Office at the address noted.
You should come to the court ready to explain your exemption. If you do nat
come to court and prove your exemption, you may lose some of your property.
This and any future communication from our debt collection firm are attempts to collet a
debt and information obtained will be used for that purpose. i
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800)990-9108
(? 17) 249-3166
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~-y a ,
Sheriff ~ ~ -- _-.t
ti„xtp at ~u~r:~Fr~
Jody S Smith ~~
~,a a~ ~ ~~
Chief Deputy ~ _~ '_
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N na;~~~
Richard WStewart ,
: -G~' a`'` --~c..;;
Solicitor ccf~~ec-?~~ 5-~~~~FF ~~ -Q ~.
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Borough of Wormleysburg
vs.
Carol D Frank
Case Number
2005-3494
SHERIFF'S RETURN OF SERVICE
10/03/2012 05:00 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be JAMES
MOSE-HUSBAND, who accepted as "Adult Person in Charge" for the within named Defendant, to wit:
Carol D Frank at 560 Old Orchard Lane, Wormleysburg Borough, Camp Hill, PA 17011, informed person
of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and
letter mailed to defendant on 10-05-12.
11/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned
SATISFIED.
SHERIFF COST: $85.61
November 26, 2012
SO ANSWERS,
.~ ~~%.
RON R ANDERSON, SHERIFF
s,2 ~ pal. Co
d~~ ~a~3
R'~ ~..g3 X13
... Cou:^tySuitr: Shsr.H, ~I~.'eosoti. In^.
DISTRIBUTION
PLAINTIFF Borough of Wormleysburg
WRIT NO. 2005-3494
Borough of Wormleysburg
Vs
Carol D. Frank
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees $ 428.10
59.75
87.85
Sheriff's Costs:
Docketing $ 18.00
Poundage 8.56
Law Library
Prothonotary 2.25
Service Mileage 15.00
Postage 1.80
Advertising
Garnishee
Postpone Sale
Bad Check Charge
Surcharge 20.00
Levy 20.00
TOTAL $ 85.61
Defendant Paid to Sheriff $ 573.46
Advance Costs 150.00
Total Collected $ 723.46
DISTRIBUTION
Pd. To Pltff. $ 487.85
Refund of Adv. Costs 150.00
Sheriff's Costs 85.61
So Answers:
~~
. Anderson
ff
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B
r
4
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND) '
NO OS-3494 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s)
From CAROL D. FRANK, 560 OLD ORCHARD LANE, CAMP HILL, PA 17011
(i )You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANT, CAROL D. FRANK, 560 OLD ORCHARD
LANE, CAMP HILL, PA 17011 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that hefshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$428.10
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $39.75
Date: AUGUST 29, 2012
(Seal)
REQUESTING PARTY:
L.L. $
Due Prothy $2.25
Other Costs
David D. Buell, Prothonotary
Deputy
Name :GARY W. BERRESFORD, MANAGER
Address: WORMLEYSBURG BOROUGH
20 MARKET STREET
WORMLEYSBURG, PA 17043
Attorney for:
Telephone:
Supreme Court ID No.
TRUE COPY FROM RECORD
1q Testimony whereof, 1 here unto set my hand
ahd the seal of said Cou at Carlis120P;~
This ._~ day of
othonotary
,~ a.