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
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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
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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
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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
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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.
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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,
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