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HomeMy WebLinkAbout02-0928COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. NO.: 09-2-01 DJ Name: Hon. PAULA P. COP, REAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA (717) 240'6564 17013-0000 L. EUGENE SHUGHA~T 1421 MCCLURES GAP KOAD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS USHUGHART, L. EUGENE 1421 MCCT.URES GAP ROAD CARLISLE, PA 17013 L_ VS. DEFENDANT: NAME and ADDRESS 'FDIVELY, BRIAN A., ET AL. 64 CAKLISLE ROAD NEWVILLE, PA 17241 L Docket No.: CV-0000352-01 Date Filed: 10/08/01 IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 1:'7A~-I~ on: (Date of Judgment) 1/ln/n~. [~ Defendants are jointly and severally liable. (Date & Time) [7_.~amage%wiH,12e asse, ssed o,~: ~.~o· . This case dismi,Ssed without preju~,5.~: Amount of Judgment Subj~'~o/-"~~,~ Attachment/Act 5 of 1996~ Levy is stayed for "'days or ~ generally stayed. [~ Objection to levy has been filed and hearing will be held: Amount of Judgment t Costs n Judgment ,~tome~/Fees ~.~t Judgment Credits Post Judgment Costs $ 1,656.00 $ 100.85 $ .oo $ .oo $ 1,756.85 Certified Judgment Total $ AN~.,?-A ~[~I~HE RIGHT TO APPEAL WITHIN 3l~ DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF A~.L...W_ I~THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU A COPY OFT.,S, !CE OFJUDGM . sC.,pT FO"M W,T. OU..OT, CE OF APPEA . /--/(~'~ Date ('"'~,~: _~ ~----J::~:~'~ /'~' ,District JuStiCe I certify that this iSa true~'~ c"~ro ~opy~h~ ~f/.~roceedij~gs,cb/ntaining the judgment. /-/(~l-i~ Date ~ ~'"~~ ~/~,'~'~-~'-~ , District Justice My commission expires first Monday of January. AOPC 315-99 200~ SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. NO.: 09-2-01 DJ Name: Hon. PAOT_.~, P. COI~R. ff, JL~ A~,~,e~: 1 COURTHOUSE SQUARE CARLISLE, PA Telepho,,: (717) 240-6564 17013-0000 L. EUGENE SHUGHART 1421 MCCLURES GAP ROAD CARLISLE, PA 17013 J :~l~amaggs will ~be ass~,~sed on:/ This case dism,ssed wit~ ' 'hout pre~ Amount of Judgment Subjec~ ~ AttachmenUAct 5 ,f 1996.' ~~ Levy is stayed for ~~n~ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ [-$HUGHART , L. EUG]~TE -] 1421 MCCLURES GAP ROAD CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS UDIVELY, BRIAN A., ET AL. -q 64 CARLISLE ROAD N~w~rILr.E, PA 17241 Docket No.: CV-0000352-01 I ~ Date Filed: 10/08/01 THIS IS TO NOTIFY YOU THAT: . JGdgr~ent: ' ~-] Judgment was entered for: ,(N~e~ .~r.~l'~..q~_ 1'._ ~"t?,~t't~ Judgment was entered aga~nst:¢'(N~_ ~ c.~]~ow. A.~I'.~: ~ in ttie amount of $ I. '7 R~; _ R~, on: ~._ (Date of J~lgment) · "; . '5 (l~te & Time) Defendants are jointly and severally liable. ~ ~ ~ ~.~,~_~ent ~ ,.¢ ~ J I~[~e~st ~dn Ju~ment ~-"~'~ ~o;; O 'udgme nt Credits Post Judgment Costs [~tified Judgment Total r-]Objection to levy has been filed and hearing will be held: Date:'*; Place: Time: $ 1,656.00 $ 100.85 $ .00 $ .00 $ 1,756.85 $ 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..~TICE OF JU%/~ SCRIPT FORM WITH YOUR ,OT. ICE OF APPEAL. /--/~'"~--~:~ Date__¢..~_~ --.~ __~--"~ ~ .v'~? "~ /',('~~~- _~~ ~, District Justice I ce~ify that this isa tru~nd~¢pCh~~ceeding¢coCng the judgment. J-)¢~ Datet . ~ ~ ~~ -- ~~ ~~~ ~ . District Justice My commission oxpiros first Mondag AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'rY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No. ~,:~ - ~',~1 ¢? Amount Due Interest Atty's Corem Costs 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 County, for debt, interest and costs, upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of. County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(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). defendant(s) described in the attached exhibit. Date ~""-~' ,~ 0 ,:,3,--- Signature: Print Name: (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and .an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTy OF CUMBERLAND) NO 02-928 Civil TO THE SHERIFF OF CUMBERLAND COUNTy: CIVIL ACTION_ LAW To satisfy thc debt, interest and costs due L. EUGENE From BRIAN A. D/VEL¥, SHUGHART, Plaintiff (s) 14 RAYS DRIVE, NEWVILLE, PA 17241 AND ASHLEE COLSON, 64 CARLISLE ROAD, NEWVILLE, PA 17241 (I) You are directed to levy upon the property of the defendant (s)and to sell LIVING ROOM FURNITURE, T.V., APPLIANCE, WASHER & DRYER, BEDROOM FURN/TURE, 150 GALLON FISH AQUARIUM, AUTOMOBILE. (2) You are also directed to attach thc property of the defendant(s) not of levied upon in thc possession GARNISHEE(S) as follows: and to not/fy the garn/shee(s) that: (a) an attacbanent has been issued; (b) the garn/shee(s) is enjoined from (s) or otherwise disposing thereof; paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant If property of the defendant s no ' . anyone other than a named ( )- t lev~ed upon an sub ect t · garmshee, you are dir .... ~ ? o attachment is round ;- ,~- . garnishee and is enjoined as above stated. ~ ..... *~- mat ne-~t ,~tvu tO not/fv hi..r~ ,u ,, . ~ me possession .~ne nas Oeen added as Amount DueS1786.85 a Interest L.L. At~y's Corem % Arty Paid Due Prothy $1.00 Plaintiff Paid $29.25 Other Costs Date: MARCH 6, 2002 REQUESTING PARTY: Name LESTER E. SHUGHART Address: 1421 MCCLURES GAP ROAD CARLISLE, PA 17013 CURtiS R. LONG Prothonotary, Civil Division Attorney for: Telephone: 717-249.4005 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 1.74 Advertising Law Library Prothonotary 1.00 Mileage 8.28 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale Garnishee 89.02 Sworn and Subscribed to before me This ,~,,~' day of ~ tfrdthon0iary --- Advance Costs: 150.00 Sheriff's-Costs: 89.02 60.98 Refunded to Atty on 4/24/02 R. Thomas Kline, Sheriff L. EUGEHE SHUCART, PLAINTIFF, BRIAIq A. DIRELY, DEFF. Iql)A-NT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION : NO. 02-928 CIVIL TERM PRAECIPE FOR WRIT OF ATTACHMENT TO THE PROTHONOTARY: Please issue a Writ of Attachment to attach the wages of Defendant, BRTa~I A. DIVELY , at/from HlCm.A~ll)'S TIRE SERVICE (name & address of employer) 1140 ~CI.ARI~,IONT ROAnt CARLISLEt pEI/I/STLVAI/IA 17013 so as to satisfy the damage portion of that final judgment entered in the above-captioned matter in the amount of $ 500.00 , said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises located at 1431 ltOB'rL~. ~o~4~t IicCLURES GAP ROAD, (address of premises where damaged occurred) gART.I.ql.g, PA 17013 , said wage attachment being requested pursuant to 4__2 PA C.S.A. § 8127, as amended by House Bill No. 908, Act No. 5 of 1996, effective February 15, 1996. All such attached wages should be sent to the Plaintiff, L. EUGm~-E $1tUtmA~rv 1421 ItCC~.mIEs GAP ROAn, CARLISLE, PA 1701~ Date: 11-7-02 Signature: (~-~--~ 3. ~ Address: IRt/IN M~:KdlGItT & HUGHES 60 I~IEST pOHFR.ET STREET CARl.ISLEt PA 17013 Telephone: (717) 249-2353 Supreme Court ID No: 06282 L. Eugene Shu~harT~ VS. Brian A. Dively IN THE COURT OF cOMMON PLEAS cUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No- 02-928 CIVIL TERM TO: Highland Tire Service 1140 claremon Road carlisle PA 17013 RE: Brian A. Dively WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employee's net inccme below the poverty income guidelines as provided annually by the Federal Office of ManagEm~ent and Budget, whichever is less. "Net wages' shall mean all wages paid, less only the following items: 1. Federal, state and local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues: and, 4. Health insurance premit~ns The amount of wages to be attached shall total $ 500.00__ (plus costs) The e~)loyer shall send the attached wages to the Prothonotaz-:', Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: L. E,u.. e~ne Shu~gh, art within fifteen (15) days frcxn the close of the last' pay period in each month. The 6~uployer shall be entitled to deduct from the wages collected .from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implant the terms within the Writ of Attacl~nent, not exceeding $5.00 of the a~ount of the wages so deducted- If you, the employer, served with more than one Writ of Attachment for dclUages arising out of a residential lease against 'the same e~%~loyee, then the wa~e attachments shall be satisfied in the order in which said Writs of Attachment were' served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or c~,,,nissions have ~--~n attached. Violations may result in (i) you and committed to jail or fined by the c.~t and (ii) an ~ Writ of Attacf~nent may result in (i) you cco~,itted to jail or fined by the cc~.~t; u- not withheld, or withheld but not forwarded ~ .) attachment of your funds or property. I .~ntered pursuant to 42 PA. C.S.A. S8127, es c~ 76, effective February 15, 1996. A copy of this ~ Certified Fee u~ S. Mail, postage prepaid, to the employee's ~ (£ndorsementRequired) Here Rd. , Newville PA 17241 ~ Restricted Oelivery ~ee ~ (Endorsement Required) ~cted to the Plaintiff-Creditor: ~-1 Total Postage & Fees $ fret St., Carlisle PA 17013. r-, , sta~e, '~b¥;~ .............................................................. [~y Deputy: · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~icle Addms~d to: HIGHLAND TIRE SERVICE 1140 CLAREMONT RD CARLISLE PA 17013 Delivery C. Signature .?,. ~ ~ , i ~'~ ~'~: ':~"~. ~ ,~/,v~ [] Agent if YES enter delivery~l~dress ~16~: D No 3. ~wice Ty~ ~Ce~Ei~ Mail ~ Express Mail D R~istemd ~ Return Receipt for Merchandise ~ Insur~ Mail ~ C.O.D. ~.~2 ' ?'~-It~ 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) '099 3400 0018 5004 7894 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA L. EUGENE SHUGHART, Plaintiff, BRIAN A. DIVELY, Defendant Docket No. 02-928 Civil Action SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: On August 21, 2003, the Defendant filed a petition for relief under Section 301 of Title 11 of the United States Code in the United States Bankxuptcy Court, Middle District of Pennsylvania. The Defendant's petition was assigned case number 03-04922. Section 362 of Title 11 provides, in pertinent part, certain protections from creditors including the commencement or continuation of any process of a judicial, administrative or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this Title, or to recover a claim against the debtor that arose before the commencement of the case under the Bankruptcy Court. WHEREFORE, the Defendants respectfully request that these civil proceedings against them be stayed without further hearing or order of this Court. Respectfully Submitted, iE.i).R~NPo~~quire GODFREY & COURTNEY, P.C. 2215 Forest Hills Drive Suite 36 Harrisburg, Pennsylvania 17110 Telephone: (717)-540-3900 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this //dayteX' of~>~-~ ~ , 2,003, I, E. Ralph Godfrey, Esq., of Godfrey & Courtney, P.C., attorneys for Defendants, hereby certify that I served the foregoing document his day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: B. Irwin, Esquire 60 E. Pomfret Street Carlisle, PA 17013 E. Ralph Godfre ~