HomeMy WebLinkAbout05-3915
12-1-06
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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
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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
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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
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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)
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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
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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
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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
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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(~
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bt&- &utlm
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Prvmo1r-e..-
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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
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EdWaTd E.Guido, J.
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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
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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
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