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HomeMy WebLinkAbout05-5743 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CtlMBBRLAND dS ~ 57/.{ .3, (!/utL.'--r~ NOTICE OF JUDGMENTITRANSCR\PT CIVIL CASE PA PLAINTIFF: InRIVBKORB, INC P.O. BOX 2004 MBCBANICSBURG, L NAME and ADDRESS I Mag. Dist. No 09-3-05 MDJ Name Han Address GAYLB A. BLDBR 507 111' YOIiUt ST MBCBANICSBURG, PA 17055 .J VS. T"ophooo (717) 766-4575 17055 DEFENDANT: NAME and ADDRESS 'BROWN, HERBERT A 257 WISKEY SPRINGS RD DILLSBURG, PA 17019 L I DRIVEKORB, INC P.O.BOX 2004 MBCBANICSBURG, PA 17055 Docket No.: CV-0000267 -05 Date Filed: 7/27/05 .J .... ~.o.",:.'"::.., THIS IS TO NOTIFY YOU THAI; Judgment: DEFAUL<r JUt)t.!M1rIII"r' P'LTF [i] [i] Judgment was entered for: (Name) nVT'V"Il1rnVR TW(" Judgment was entered against: (Name) RlZ01fN, RRlZR1!I:RT A in the amount of $ 1 /;;20 07 on: (Date of Judgment) q/2/;;/0l; . . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1.487.55 $ 132.52 $ .00 $ .00 $ 1,620.07 D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ Post Judgment Credits $ Post Judgment Costs $ D Portion of Judgment for physical damages arising out of residential lease $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 OAYS 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 JUDGMENTrrRANSCRIPT 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 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. Cf /2(,,/06 Date II i'l I. Date , Magisterial District Judge o edings Containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2006 SEAL AOPC 315-05 DATB PRINTED: 9/26/05 9:18:50 AM ~ >- .-1 \J ::G t1-t0 - - ~ 8 ~ \S -v j '-' V)?-- ~ ~ ~ ~ ~ --{) r--- ;g: ~ 4:)~";: i.f ~.:i: ;..:::: ~, ~> c;21~ ~~(': ~;? :z =< J{J o C .:-" <, r-> = <=> ..,. '6 ..c: I +' ~ ~pl ",i"'l Sl~ "T.-n ;po (:)0 ::t: 2m ?, '-P. dti '< Con " DRNEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5743 CIVILTERM HERBERT A. BROWN 257 Whiskey Springs Road Dillsburg, P A 17019 Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County: (2) against Herbert A. Brown, Defendant; and (3) against Sovereil!n Bank, Gamishee; (4) and index this writ (a) against Herbert A. Brown. Defendant (b) against Sovereil!n Bank, Garnishee, as a lis pendens against real property of the Defendants in name of Garnishee as follows: Anv and all accounts of the Defendant. (5) Amount of Judgment Interest Attorneys Fee Total $ 1,620.07 $ 66.94 $ 250.00 $ 1,937.01 (plus filing and service costs) Garnishee Service Onlv. 1.1 j..,/ Date: ~ By:Lb~L Charles Rector, Esquire (ID# 39121) 1104 Fernwood Avenue, Ste. 203 CampHill,PA 17011-6912 (717)761-0454 Attorney for Plaintiff t, P. :r b Q-:J !'\ (\ ~ t) v ~ '^ V\ ~ () ^it .l::. - -t: ':3. VI \). -l:: "<:> ---(j -iq. ...... "'- ~-:CCf) ~'!Jv( ()v,\) J I -J -Pr ~ ' i- t - . rsJo f- " - r-r- {).J ...:J ~ V( ~:: , . ~ G 1" (\ I\) ~ c~ .",~ -1'0 ',:.:) tJ'\ :'::?"-1 i-:~,:~~~:. -co: ~,>~:\ --"', -. C~,? ~J.} {"'), ..-. t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5743 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC., PIaintiff(s) From HERBERT A. BROWN, 257 WHISKEY SPRINGS ROAD, DILLSBURG, PA 17019 (1) You are directed to levy upon the property of the defendant (s)and to sell (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 - ANY AND ALL ACCOUNTS OF THE DEFENDANT GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe 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 beeu added as a garnishee and is enjoined as above stated. Amount Due $1,620,07 Interest $66,94 L.L. $.50 Ally's Comm Atty Paid $37.25 Plaintiff Paid Date: NOVEMBER 17, 2005 % $250.00 Due Prothy $1.00 Other Costs (Seal) f::::.~k 1: Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-0454 Supreme Court ID No. 39121 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-05743 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DRIVEKORE INC VS BROWN HERBERT A And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:35 Hours, on the ~ day of December, 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BROWN HERBERT A , in the hands, possession, or control of the within named Garnishee SOVEREIGN BANK 269 PENROSE PLAZA CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JOSHUA GOBERS (BANK REP) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: ~. ~flt?I'1~ ~e R. Thomas Kline Sheriff of Cumberland County 12/02/2005 Sworn and subscribed to before me this {. e day of ~""-' dOV'(j .~~ P),t~~-;tJrSr( . /-7 By r~Jff DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, P A 17055 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5743 CIVILTERM HERBERT A. BROWN 257 Whiskey Springs Road Dillsburg, PA 17019 Defendant v. SOVEREIGN BANK 12 Noble Blvd. Carlisle, P A 17013 Garnishee A 115u.'tr.s .to INTERROGATORIES IN ATTACHMENT To: Sovereign Bank 12 Noble Blvd. Carlisle, P A 17013 He: Herbert A, Brown You must file with the Court answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If vour answer to anv of the following interrogatories is affirmative. specifv the amount, value, and/or nature of the subject property. ..\ft / Date: ~Cb RESPECTFULLY SUBMITIED: ~- Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff I. At the time you were served or at any subsequent time, did you owe the defendant( s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? 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 or one or more other persons any property of any nature owned solely or in part by the defendant(s)? No-See Attached 3. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? No 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? If so, explain in detail. No S. At any time before or after you were served, did the defendant(s) 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 you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? No 7. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, or collateral in which there was an interest claimed by defendant(s)? No 8. IdentifY every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise, showing balance due at the time of service of the garnishment. None I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By: Date: TIr->.....pmlH>,.. 1?, ?OO, ANSWER TO INTERROGATORIES Account # 3481003005 Balance: $-74.29 (overdrawn) Account Holder: Herbert A. Brown 257 Whiskey Springs Road Dillsburg, PA 17019 VERIFICATION I, Timothy J. Cooney, OAO Team Leader of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true !md correct to the best of my knowledge, information and belief. I understand that false statements hen~in 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 OAO Team Leader ...Z- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: Drivekore, Inc. vs. Herbert A. Brown 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: Charles Rector, Esquire 1104 F ernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Service by certified mail addressed as follows: Herbert A. Brown 257 Whiskey Springs Road Dillsburg, PA 17019 Signature of Person Filing Timothy J. Cooney, OAG Team Leader Sovereign Bank MAl MB3-02-1O 2 Morrissey Boulevard Boston, MA 02125 December 12,2005 J -,I I .. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: Sheriff s Costs: 150.00 85.72 $ 64.28 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.68 .50 1.00 4.80 30.00 20.00 Refunded to Atty on 12/20/05 9,00 .74 85.72 Sworn and Subscribed to before me So Answers; ~P/' .~.~J , ~~~/ R. Thomas Kline, S eriff CJauJ'~k,;/ By Claudia A. Brewbaker " 2005 A.D. ,tiJ' ,,~- "l.;~ ......'<<:1 Cj 1:8 d OZ lION SOOl I ',I :' ~'I,i_ () "" \.t. " "'" G., Pi ,sc LR...5'~~ 1!- il )7) 37(,.. ~u..., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5743 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRlVEKORE, INC., Plaintiff (s) From HERBERT A. BROWN, 257 WHISKEY SPRINGS ROAD, DILLSBURG, PA 17019 (1) You are directed to levy upon the property of the defendant (s)and to sell (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, P A 17013 - ANY AND ALL ACCOUNTS OF THE DEFENDANT GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined trom 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 gaulishee, you are directed to notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $1,620.07 Interest $66,94 L L $.50 Atty's Cormn Atty Paid $37.25 Plaintiff Paid % $250,00 Due Prothy $1.00 Othet Costs Date: NOVEMBER 17, 2005 (/Ml-:b o~ Prothonot~ II L-;y;_ ---BY 4:d. Q.-,. e L ~--?drJ Deputy (Seal) REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Anorney for: PLAINTIFF Telephone: 717-761-0454 Supreme Court ID No. 39121 DRIVEKORE, INe. Plaintiff : IN THE COURT OF COMMON PLEAS . : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 05-5743 HERBERT A. BROWN Defendant SATISFACTION TO THE PROTHONOTARY OF SAID COURT: You are hereby notified to mark the judgment in the above-captioned matter which were entered against Herbert A. Brown and in favor ofDriveKore, Inc. as satisfied. BY: arles Rect , Esquire 1104 Fern od Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717)761-8101 Attorney for Plaintiff Date: j 1 V 10, i ~ ~ ::It ~ ~qj ~ ~i tF.,1;:,.. I 2'" tJ\ .~c. "'0 -?....., ~~ -::!J ::It o~ - B ~ ., ~ ~ C" 0<