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HomeMy WebLinkAbout05-4632 r;OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMB1lI!RLAlm Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CV~LBS A. CLBIIDT, J1t Add,,,,, 400 BR:IDGB ST OLDB TODB COIIIIORS -SD:ITB 3 IIBW ctJKBBIlLAJID, PA Telephone (717) 774-5989 17070 ATTOUBY 1"0R PLA:IJIT:Il"l" : AlI.TBtJR K. l"BLD 1309 BR:IDGB ST IIBW ctJKBBRLARD, PA 17070-1116 os -.l..Jt,2d-.... C!.l~l'l ~~~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: 180scov. S P.O. BOX JlBAD:IJIG , L NAME and ADDRESS DBPAlI.TIIDT STOJlB, :IRC 4274 PA 19606-0674 I .J VS. DEFENDANT: IUnTT, WAYlIlB J 225 UMBDTO STJlBBT IIBW ctJKBBU:t.1IID, PA L NAME and ADDRESS I 17070 .J 1& Docket No.: CV-0000285-05 Date Filed: 5/20/05 THIS IS TO NOTIFY YOU THAT: Judgment: POR PLATlI'I':IPP [!] Judgment was entered for: (Name) RnAl"nv. A n'll!I>:t.R............ A'I'OR'II! T..... [!] Judgment was entered against: (Name) :t.R_TT, WAV1II'II! .T in the amount of $ 1,0"2 Q,; on: 7/"'';/00:, o o o o Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenV42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 838.66 Judgment Costs $ 88.50 Interest on Judgment $ .00 Attorney Fees $ 125.80 Total $ 1.052.96 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 JUDGMENTITRANSCRIPT 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 MA Y 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. JUl 2 6 2005 Date ~- , certify that this is a true an AUG 3 0 Z005 Date My commission expires first Monday of January, 2008 AOPC 315'05 DATB PR:IJlTBD: 7/26/05 11:26:35 All SEAL , Magisterial District Judge containing the judgment. , Magisterial District Judge ~ A-J ~ ~ t ~ ~ ~ +- 0( (\ - Vv L.J P" 6'~('\ '"\) ...c: r- ~ ClV..... ;:s ~ (> ~ ~ u -r-. r 1-/ F r-.:'l () c"~ i~:;; -n (~: ;::.rl .-4 ~1: i'-n l....() -' C~) co 'PM ;,;1 :'.' ,. - < I C' . ~ BOSCOV'S DEPARTMENT STORE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS No. 05 --4tc3~ Ciud", ~~ WAYNE J. ARNETT Defendant/s To WAYNE J. ARNETT You are hereby notified that on SEPTEMBER P , 2005, the following judgment has been entered against you in the above captioned case. JUDGMENT IN THE AMOUNT OF $1052.96 PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS OF SUIT THEREON SEPTEMBER J , 2005 DATE: I hereby certify that the name and address of the proper person/s to receive this notice under Pa. R. Civ. P. 236 is/are: WAYNE J. ARNETT 225 UMBERTO STREET NEW CUMBERLAND, PA 17070 '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BOSCOV'S DEPARTMENT STORE, INC.: ( ) Confessed Judgment vs. (X) Other DISTRICT JUSTICE File No. 05-04632 Amount Due $994.26 Interest FROM 11/29/05 Atty's Corrun Costs Total WAYNE J. ARNETT 225 UMBERTO STREET NEW CUMBERLAND, FA 17070 Defendant SOVEREIGN BANK 12 NOBLE BLVD. CARLISLE, PA 17013 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 CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant (s) LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named qarnishee(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) . ,i~02~) I Index this writ against Q Signature: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 t II \~ DATE: t: () t>. -n - W iQ. + x)rJ ./Q ..fQ. -....} ~:C~ .."'1 . . . , :-... , utlUlI1 -- ~ *-#. ~ c, g CI? C> V) C> C> , r I ~f! r:~) Q=J ..... ~ r....,.) ~ F~ -.: ....... ~ ~ ~ : '4.. ::r::, fY'\ ~ l ~ , :~ , .". (j , t.. Y ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4632 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s) From WAYNE J. ARNETT, 225 UMBERTO STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 12 NOBLE BLVD, CARLISLE, PA 17013 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 foood 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 $994.26 Interest FROM 11/29/05 L.L. $.50 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: DECEMBER 1, 2005 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 I/(r YIP '3 :7- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: Boscov's Department Store, Inc. vs. Wayne J. Arnett CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, P A 17070 Service by certified mail addressed as follows: Wayne J. Arnett 225 Umberto Street New Cumberland, P A 17070-2629 Signature of Person Filing Timothy J. Cooney, OAG Team Leader Sovereign Bank MAl MB3-02-10 2 Morrissey Boulevard Boston, MA 02 I 25 December 19, 2005 o ~-:; c: , c--> C'-" = c.n o '" f, N <' c ::'~ .-< ~ ..", ::;.; ~~ o eN -< :r:.." nip fT1 =By ;';~~~1 ;2r~ :::~ .". ~ ~ BOSCOV'S DEPARTMENT STORE, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WAYNE J. ARNETT No.2005-04632 Defendant SOVEREIGN BANK Garnishee CIVIL ACTION - LAW 1l,15wer5* INTERROGATORIES TO GARNISHEE TO: SOVEREIGN BANK, Garnishee You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ~ 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. No 2. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? If so, specify how much. Yes-SRe AttachRd 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? No 4. At the time you were served or at any subsequent time hold as fiduciary any property in which the defendant interest? did you had an No 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? No 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? No These interrogatories shall interrogatories. If after the acting in your behalf learn requested, but not supplied in be deemed to be continuing time of your answer, you or anyone or obtain additional information your answers, you ~ shall promptly furnish a supplemental answer under oath containing the same. Dated: \\ \7.,L1 , /' 'IS , 20 l' .fr ') vt , Vl.-ij Arthur M. E'eld Attorney for Plaintiff 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 ID #07172 E'or signature by Garnishee: Timothy J. Cooney , states subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correct to the best of his/her knowledge, in ation and belief. / Da ted: Decpmber. 19th , 20Q2. 706/002 ~ ANSWER TO INTERROGATORIES! Account # 0771024878 Bal!illce: $400.61 Account Holder: Wayne 1. Arnett 225 Umberto Street New Cumberland, PA 17070-2629 Account # 0771044631 Balance: $831.25 Account Holder: WayneJ.Arnett 225 Umberto Street New Cumberland, PA 17070-2629 VERIFICATION I, Timothy J. Cooney, OAG Team Leader of Sovereign Bank, hereby verifY that the information contained in the foregoing Answers to Interrogatories in Attachment an: true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney OAG Team Leader (') c ""' ~ ~.=> c.n c::J rr1 n N o '1'1 '1 r11 ::n C- -UfT] ..,n ~:.' T d~~ ~:'\ 53 -< -0 ~. ~, r- c:> w BOSCOV'S DEPARTMENT STORE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS :#2005-04632 WAYNE J. ARNETT Defendant CIVIL ACTION - LAW SOVEREIGN BANK Garnishee Would you please enter judgment against Sovereign Bank, Garnishee, in the amount of $994.26 with court costs in the amount of $159.97 and interest in the amount of $7.87, the amount being ~ue Plaintiff at time of garnishee's Answers to Interrogatories. . January 9, 2006 0-~,'~ I Attorney for Pl~intiff . " BOSCOV'S DEPARTMENT STORE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS :#2005-04632 WAYNE J. ARNETT Defendant CIVIL ACTION - LAW SOVEREIGN BANK Garnishee Would you please enter judgment against Sovereign Banl1:, Garnishee, in the amount of $1l~2.1e, the amount being due Plaintiff at time of garnishee's Answers to Interrogatories. Judgment in the amount of $994.26 with court costs in the amount of $159.97 and interest in the amount of $7.87. December 21, 2005 /, C'" <~lr ) vh, ~/ Attorney for Pl~intiff 0 <-> q, \:> '8 ~ 1- ~ c ;;p ';'D :::':. c:::> -' 't .......) ~-" -:r:~ f'Y",'. r" n'~ \) '-;./ c-> -n" ;/ ~ 1'':> "",e] r C) r/J .-J -c'~'l('\ ~ ~j, -J <_.-'" -0 '-<~y{~ ~'~~~. -" .;,,)ff'\ ~ ~ r <.f! "~__l, '~ ,(.-"'1 ~ ~"...; - -:4 1 ..<: :; ~ ~ BOSCOV'S DEPARTMENT STORE, INC.: COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA vs. NO. 05-04632 WAYNE J. ARNETT Defendant EX. SOVEREIGN BANK Garnishee CIVIL ACTION - LAW To SOVEREIGN BANK, Garnishee You are hereby notified following judgment has been captioned case. tha t on DECEMBER ,;27 entered against you in 2005, the the above Judgment in the amount of $1162.10, the amount being due Defendant at the time of garnishees answers to interrogatories. Date: DECEMBER ((1 , 2005 Prothonotary I hereby certify that the name and address of the prop~r person/s to receive this notice is: WAYNE J. ARNETT 225 UMBERTO STREET NEW CUMBERLAND, PA 17070 SOVEREIGN BANK 12 NOBLE BLVD. CARLISLE, PA 17013 BOSCOV'S DEPARTMENT STORE, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS No 2005-04632 WAYNE J. ARNETT Defendant CIVIL ACTION - LAW SOVEREIGN BANK Garnishee PRAECIPE TO SATISFY THE JUDGMENT Would you please satisfy the judgment against Sovereign Bank, Garnishee in the above captioned matter. Thank you. To Prothonotary March 30, 2006 o vllt. r----,'f,C" .r~ Attorney for Plaintiff Arthur M. Feld ID #07172 D 1{ It l..J ~ ~ ~ ~ CJ- --iQ.. lr( () \)' ~ ~ J:- () -n ,-l -_..,~ -1-. iii .:,., ~...-; (.; ".,1 I> .-~ ~D C;-: -< BOSCOV'S DEPARTMENT STORE, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS No 2005-04632 ;.;. o .on ~-::l ~;,~ (~ :'"-~~ ....'~' WAYNE J. ARNETT Defendant i.:._,' CIVIL ACTION - LAW i '::~,' w L___;_., .-,,, . c;'C-:; -;~l;n ~~ ::< ~ t11 PRAECIPE TO SATISFY THE JUDGMENT Would you please satisfy the judgment against Defendant in the above captioned matter. Thank you. To Prothonotary March 30, 2006 ~ c>' Vll --;-~) ,\~, Attorney for Plaintiff Arthur M. Feld ID #07172 C', ~-n ::-J ""'", !! '.)'.'" c':) .:"0 w.; .< ,> WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4632 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s) From WAYNE J. ARNETT, 225 UMBERTO STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 12 NOBLE BL YD, CARLISLE, P A 17013 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) nOllevied 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 helshe has been added as a garnishee and is enjoined as above stated. Amonnl Due $994.26 Interest FROM 11/29/05 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: DECEMBER 1, 2005 L.L. $.50 Due Prothy $1.00 Other Costs Pro (Seal) By: Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQillRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, P A 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 TRUE COPY FROM RECORD 'n T lIStImoIly Wft8;eof. 11Ief5 Ujl!" SIt Illy bMd "" ... n..... ~ -- ... '- ~,,~~7:! ;~~ P1ll1tlutRltlb , Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 19.89 Advance Costs: 150.00 Sheriff's Costs: 130.47 $ 19.53 .50 1.00 22.08 40.00 20.00 Refunded to Arty on 04/03/06 9.00 130.47 Sworn and Subscribed to before me 2006 A.D. So Answers; r ~ ~ ~.Af!J!' R. Thomas Kline, Sh€,~e e1 a..u&i- ~~~ By Claudia A. Brewbaker C) V; -.(; ..... '" t' ES :11 'V 5-' 330 ~OOl \1d 'AINflUJ CHIV1(jlm~n3 .:l.:lIH3HS 3Hl .:JO 331110 \~ c", 5<.J '\ 'KL > " ro:, 1'1'" <; 3J