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HomeMy WebLinkAbout05-3915 12-1-06 O~- 19/5 c.,'u~L't~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IMCSJlAHB &: BITCBI.GS, LLC ., 4811 JOBBSTOWB ROAD SUITE 125 ~ISBURG, PA 17109 ~ VS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPBI. Mag. Dist. No.: MDJ Name: Hen Address' JOSEPB S. LINDSEY 5201 JOBBSTOWB ROAD BAUISBtJRG, PA Teleph"e (717) 671-8640 17112 DEFENDANT: rsIRTO., PATRICIA 612 CUllBEJU.JUII) POIRT CIR MBCHABICSBtJRG, PA 17055 L NAME and ADDRESS ., IICSJlAHB &: BITCBIBGS, LLC 4811 JOIIBSTOlIB ROAD SUIn 125 BAUISBtJRG, PA 17109 Docket No.: CV-0000179-05 Date Filed: 2/28/05 ~ '* THIS IS TO NOTIFY YOU THAT: Judgment: Ii] Judgment was entered for: (Name) Ii] Judgment was entered against: (Name) DI:P'JlULT :mnmnnl'l' PLTI!' K~aaa.. ~ RT~~T.aA . T.T.I'" BT1II'I'OIlT_ P&TRTCT& in the amount of $ 1 r;cl1 00 on: (Date of Judgment) !i/04/0r; . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. 98127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.522.50 Judgment Costs $ 68.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.591.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 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 JUDGMENTfTRANSCRIPT 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. 09Hay05 Date ~ 10:39:06 All I certify that this is a true a lOJun05 Date t copy of th~r~cord of the My commission expires . AOPC 315.05 DATE PRIRTBD: 6/10/05 Stephen E. Farina Prothonotary OFFICE OF y'ROTHONOTA.~y Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 County of Dauphin CERTIFICATE OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY, PENNSYLVANIA MCSHANE & HITCHINGS, LLC DISTRICT JUSTICE DOCKETNO. CV -0000179-05 PLAINTIFF v. PATRICIA HINTON DEFENDANT As of the date certified below, the following action has been taken on the above referenced appeal: (X) There has been no appeal taken to the Court of Common Pleas. () The following party has taken an appeal to the Court of Common Pleas: Date: 07/05/05 S teplien E. fjwtina Prothonotary 0 dAi1WrnYl fJ. ..Q 1'11 r By Deputy . - () -:0 r;. )-> t~\l~ ~ - ~ r ~~~~ ~ ~ "'---l... ~ (y L R: -\>9. ~ si\ t:::"') \1, ~~?, \ -- \ .~,''. . -', , ~;:..~l --r'i ~'i h - L "-" ~ ~ r PRAECIPE FOR WRIT OF EXECUTION P. R. C. P. 3101 TO 3149 MCSHANE AND HITCHINGS, LLC and Justin J. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, P A 17109 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, v. : NO. OS - .39/$ CluJY~ Patricia Hinton 612 Cumberland Point Circle Mechanicsburg, PA 17055 Defendant. : CIVIL ACTION - EQUITY TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Dauphin County, Pennsylvania; (2) against Patricia Hinton, 612 Cumberland Point Circle, Mechanicsburg Cumberland County, Pennsylvania, 17055; (3) and against the following Garnishees: N/A (4) AMOUNT DUE INTEREST FROM MAY 9, 2005 COSTS TO BE ADDED $1591 $ $ (5) and index this writ (a) Patricia Hinton, 612 Cumberland Point Circle, Mechanicsburg Cumberland County, Pennsylvania, 17055 (b) against N/A Garnishee (s), as a lis pendens against the real property of the Defendant in the name of the Garnishees as follows: all that certain tract ofland situate in Cumberland County, known as 612 Cumberland Point Circle, Mechanicsburg Cumberland County, Pennsylvania, 17055. (6) Exemption has (not) been waived. (7) Amount due: $1591.00, plus interest at a rate of 6% per annum to be calculated from May 9, 2005. (8) Please have the Sherifflevy upon any and all personal property of Patricia Hinton, 612 Cumberland Point Circle, Mechanicsburg Cumberland County, Pennsylvania, 17055, including any automobiles or other vehicles. (9) Pursuant to Pa.R.C.P 3109, the Sheriff is directed to take manual possessions of any tangible personal property of the Defendant upon which the Sheriff has made a levy. Respectfully submitted, MCSHA HITCHINGS, LLC S ey .#87919 Atto ey for Plaintiffs 481 Jonestown Road, Suite 125 HaIrlsburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 S ? :f- - \.:> ~ ~l\L -- - "'V \P ' V"\ ~ CY (l) ..0 l t ~ .lQ W - - """- ~ 6' ~ ....0 I(( - V') ~ \) If( () ~ () V"1 \) \). c- 1I1 I I \~ (- & \ \ ( :: - :: ~. v:;~ - ' -' - - 8) - - ~ r ~.". - tI V \! l - --- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3915 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MCSHANE AND HITCffiNGS, LLC, Plaintiff (s) From PATRICIA HINTON, 612 CUMBERLAND POINT CIRCLE, MECHANICSBURG, PA 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF PATRICIA HINTON, 612 CUMBERLAND POINT CIRCLE, MECHANICSBURG CUMBERLAND COUNTY, PA, 17055, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES. (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1591.00 Interest FROM 5/9/05 @ 6% PER ANNUM Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: AUGUST 1, 2005 LL $.50 Due Prothy $1.00 Other Costs (Seal) {i~o By: Deputy REQUESTING PARTY: Name JUSTIN J. MCSHANE, ESQUIRE Address: MCSHANE & HITCHINGS, LLC 4811 JONESTOWN ROAD, SUITE 125 HARRISBURG, PA 17109 Attorney for: PLAINTIFF Telephone: 717-657-3900 Supreme Court ID No. 87919 OBJECTION TO SHERIFF'S DETERMINATION PURSUANT TO P. R. C. P. 3260 MCSHANE AND HITCHINGS, LLC and Justin J. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, P A 17109 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, v. : NO. 2005-3915 CIVIL TERM Patricia Hinton 612 Cumberland Point Circle Mechanicsburg, P A 17055 Defendant. : CIVIL ACTION - EQUITY TO THE PROTHONTARY OF SAID COURT: Enter objection to the sheriff's determination of ownership of the property as announced in the attached Exhibit a-letter of September 23, 2005. Respectfully submitted, MCSH ITCHINGS, LLC Executed this 27th day of September, 2005 Justi Atto tto ey for Plaintiffs 4811 Jonestown Road, Suite 125 HaIrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 \.~ ot Q[.Ul11ae ~~;~~ l'lt'tq(} RONNY R. ANDERSON Chief Deputy R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 ,., September 23, 2005 Mcshane and Hitchings, LLC vs Patricia Hinton Writ No. 2005-3915 Civil Term Property Claim Determination DeaT Sir, Reference is made to Property Claim dated September 14, 2005, entered by Robert Hinton, perrtaining to Writ of Execution No. 2005-3915 Civil Term, McShane and Hitchings, LLC -vs- Patricia Hinton. R. Thomas Kline, Sheriff, has determined that the claimant, Robert Hinton, in the above mentioned property claim, is prima facie the owner ofthe property set forth therein. So Answers: r--V I~ ~~ R. Thomas Kline, s&friff""" ' BYCYO 11otl~~tSlUWbM Justin McShane, Atty for Pltff cc: Patricia Hinton, Deft. Robert Hinton, Claimant CERTIFICATE OF SERVICE MCSHANE AND HITCHINGS, LLC and Justin J. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, PAl 7109 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, VI. : NO. 2005-3915 CIVIL TERM Patricia Hinton 612 Cumberland Point Circle Mechanicsburg, PA 17055 Defendant. : CIVIL ACTION - EQUITY TO THE PROTHONTARY OF SAID COURT: I, Justin J. McShane, Esquire, do hereby certify that I served a true and correct copy of the attached Complaint, by United States Mail, First Class, postage prepaid upon the individuals listed below: Office of the Prothontary Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Office of the Sheriff Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Respectfully submitted, MCSHANE & CHINGS, LL Executed this 27th day of September, 2005 o c - " :.:~ ,.., = c:::. "" (/') Pi -'Q (" o o "f1 ::;:! fil~_~ --rJ 1') N -lC- , _J -I ;':.C>- .J:; -< W ot ((. Ul1lOe ~~~~ l"/~qq R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 September 23, 2005 Mcshane and Hitchings, LLC vs Patricia Hinton Writ No. 2005-3915 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated September 14,2005, entered by Robert Hinton, perrtaining to Writ of Execution No. 2005-3915 Civil Term, McShane and Hitchings, LLC -vs- Patricia Hinton. RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy n ....., 0 = c c.;:; 'Tl "J> <I> ..... ,.,.., :r:.,., " fl1r 1'0' -om ,:n'::;:} (jo '~~'~l_ -, " ~ ri -\1 ~- ,,0 '. a ("5f"n S:=.-;; ~ .~ .~ ':2 ,D N -< R. Thomas Kline, Sheriff, has determined that the claimant, Robert Hinton, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: r'~~,,, R. Thomas Kline, SiLri-r ' ByCJa uJI4/'-- GrliWlo~ Justin McShane, Atty for Pltff cc: Patricia Hinton, Deft. Robert Hinton, Claimant PROPERTY CLAIM .~. ,_.. ~() WSh6.ne ~ lit~q s. LlC In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. D5- 3CJI S ~ VS~ 'J: ?I::~~ t~ow TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: VALUE $~OD. $.0 ~17q. w $.ton4.l> " .....Q 90 ""r~ $ ~lS /l.C t; /.% iVJ -$ /6D lIV LIST OF PROPERTY .cL ('.ha,l" IJ.)/m(~ I bu.i\Ic. b2.d. bt&- &utlm ~~ Prvmo1r-e..- (' f A llX" C1..l s-t THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: rlf1~:!i!fF13;P}~~t:i!~::yr ~k~ ~ ~ Claimant. ~d ~~ Date 9/;1/&5 State of Pennsylvania: County of CUIIlberland 16b<?""{ . 1-/", f~ Il. above list in the property claim are correct and true. being duly sworn according to law, deposes and says that the ~~~ Claimant MCSHANE & HITCHINGS, LLC AND Justin 1. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, Pa. 17109 V. PATRICIA HINTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2005 - 3915 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 7TH day of OCTOBER, 2005, a heaTing on the above captioned matter is hereby scheduled before the undersigned on MONDAY, OCTOBER 17. 2005, at 3:00 p.m. in Courtroom # 5. ~stin J. McShane, Esquire 4811 Jonestown Road Harrisburg, Pa. 17109 ~icia Hinton 4 612 Cumberland Point Circle Mechanicsburg, Pa. 17055 Sheriff :sld EdWaTd E.Guido, J. ji f\..L 6!1 : II HV II .tJO SOOZ ^tlVl()i'JGI'i.LU~~'d 3Hl :10 3::;1!~O"{1:J.tl:l J l) RECEIVED SE? J ll1i.1l rrv 09/30/05 Cumberland County Court Administration Attn: TaTyn Dixon 1 Courthouse Square Carlisle, P A 17013 Enclosed please find Objections to Property Claim pertaining to Civil Case Number 2005-3915 Civil, McShane & Hitchings, LLC - vs- Patricia Hinton, filed by Attorney Justin McShane, in the Cumberland County Prothonotary's Office within the ten day time limit after the filing of the Sheriffs Determination to a Property Claim. Also, please forward a copy of the Notice of Hearing to my attention in the Sheriffs office so that I may schedule my attendance there, however it is the Court's responsibility to notify all parties involved. Thank You for your consideration to this matter. (r2;;:b~:~d~ h:rr Assistant Justin J. McShane Justin@1866mcshane.com MCSHANE & HITCHINGS, LLC ATTORNEYS AT LAW 4811 Jonestown Road Suite 125 Harrisburg, Pennsylvania 17109 Judy B. Cohen Office Manager Joseph L. Hitchings JLH@McShaneandHitchings.com (717) 657-3900 Fax: (717) 657-2060 Denise Buggy Legal Assistant Adam W. Bompadre Abompadre@McShaneandHitchings.com Pam Rudy Legal Assistant September 27,2005 Office of the Sheriff Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: McShane and Hitchings, LLC v. Patricia Hinton; Writ No. 2005-3915 Civil Term Property Claim Determination To whom it may concern: Please find enclosed for your office's further action a filing titled "Objection to Sheriff's Determination." Pursuant to P. R. C. P. 3206, we were to only serve your office and the Prothontary Office with the notice of objection. Should you have any questions, please do not hesitate to call. Enclosures: Copy of Filing OBJECTION TO SHERIFF'S DETERMINATION PURSUANT TO P. R. C. P. 3260 MCSHANE AND HITCHINGS, LLC and Justin J. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, P A 17109 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, v. : NO. 2005-3915 CIVIL TERM Patricia Hinton 612 Cumberland Point Circle Mechanicsburg, P A 17055 Defendant. : CIVIL ACTION - EQUITY TO THE PROTHONTARY OF SAID COURT: Enter objection to the sheriffs determination of ownership of the property as announced in the attached Exhibit a-letter of September 23,2005. Respectfully submitted, . MCS ITCHINGS,LLC Executed this 27th day of September, 2005 Justi Atto tto ey for Plaintiffs 4811 Jonestown Road, Suite 125 HaIrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 \'2 at (/[.umce ~~;~~ l'lltqo. R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 ,. , September 23,2005 Mcshane and Hitchings, LLC vs Patricia Hinton Writ No. 2005-3915 Civil Term Property Claim Determination DeaT Sir, Reference is made to Property Claim dated September 14, 2005, entered by Robert Hinton, perrtaining to Writ of Execution No. 2005-3915 Civil Term, McShane and Hitchings, LLC -vs- Patricia Hinton. R. Thornas Kline, Sheriff, has determined that the claimant, Robert Hinton, in the above mentioned property claim, is prima facie the owner ofthe property set forth therein. So Answers: r'~...-c ~'" R. Thomas Kline, s~rfff"'" - ByCJO !Jotl ~~GIUW6a.L/ Justin McShane, Atty for Pltff cc: Patricia Hinton, Deft. Robert Hinton, Claimant CERTIFICATE OF SERVICE MCSHANE AND HITCHINGS, LLC and Justin J. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, P A 17109 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, vi. : NO. 2005-3915 CIVIL TERM Patricia Hinton 612 Cumberland Point Circle Mechanicsburg, P A 17055 Defendant. : CIVIL ACTION - EQUITY TO THE PROTHONTARY OF SAID COURT: I, Justin J. McShane, Esquire, do hereby certify that I served a true and correct copy of the attached Complaint, by United States Mail, First Class, postage prepaid upon the individuals listed below: Office of the Prothontary Cumberland CoUnty Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Office of the Sheriff Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, MCSHANE & CHINGS, LL - Executed this 27th day of September, 2005 } ~T McSHANE & HITCHINGS, LLC and Justin L. McShane, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 v. JANE SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3915 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 17th day of October, 2005, neither the Defendant nor her son having appeared, the Sheriff's determination that Robert Hinton owns the property listed In this matter is overruled. Said property shall be subject to the Sheriff's levy. Costs and attorney fees in the amount of $75.00 assessed against the judgment debtor. ~stin J. McShane, Esquire 4811 Jonestown Road - Suite Harrisburg, FA 17109 ~atricia Hinton 612 Cumberland Point Circle Mechanicsburg, PA 17055 _Sheriff srs Edward E. Guido, J. 125 { ~~ \~\ CD .;;\ ~, '\.)' t'1 \ r~; e. ~~ fi, ~rl, ~rj -