HomeMy WebLinkAbout02-1357IN THE COURT OF COHHON PLEAS OF CUHB ERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HCR MANOR CARE,
HARRY HOUSE, JR.,
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) PLAINTIFF (X) DEFENDANT ( ) GARNISHEE ( ) ADDITIONAL DEFENDANT
YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING ORDER, DECREE OR JUDGMENT HAS BEEN ENTERED
AGAINST YOU ON
IN ACCORDANCE WITH THE PROVISIONS bF PA.R.C.P. 2.~6
( ) DECREE NISI IN EQUITY
( ) FINAL DECREE IN EQUITY
(X) ]UDGHENT OF
( ) CONFESSION
(X) DEFAULT
( ) NON-PROS
( ) JUDGMENT IS IN THE AHOUNT OF $
( ) VERDICT
( ) NON-SUIT
( ) ARBITRATION AWARD
PLUS COSTS.
NAME OF (ATTORNEY/FILING PARTY):
ADDRESS:
TELEPHONE NUMBER:
NOTICE SENT TO:
NAME HARRY HOUSE, IR.
619 RIDGE STREET
STEELTON, PA 17113
WOLFSON ~ ASSOCIATES, P.C.
267 EAST MARKET STREET
YORK, PA 17403
(717) 846-1252
( ) IF NOT SATISFIED WITHIN SIXTY (60) DAYS, YOUR HOTOR VEHICLE OPERATOR'S LICENSE WILL BE
SUSPENDED BY THE PENNSYLVANIA DEPARTHENT OF TRANSPORTATION
IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT:
(X) DISTRICT JUSTICE TRANSCRIPT OF JUDGMENT IN CIVIL ACTION IN THE AMOUNT OF
$4,679.99 PLUS COSTS $101.50 FOR A TOTAL OF $4.,781.4.9 .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HCR MANOR CARE, :
Plaintiff :
:
VS. :
:
HARRY HOUSE, IR., :
Defendants :
NO. /,2..c?
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
Please Enter the Appearance of Amy F. Wolfson, Esquire, as the Attorney for the Plaintiff.
Date:
Respectfully Submitted,
267 E. Market Street
York, Pennsylvania 17403
Telephone No. (717) 846-1252
I.D. # 87062
Attorney for Plaintiff
PoC,
-COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist, NO.:
09-1-02
DJ Name: Hon.
ROBERT V. I~,.N~OVE
A~Oress: 1901 .STATE STREET
CAMP HILL, PA
C/O WOLFSON & ASSOCIATES, PC
267 E MARKET ST
YORK, PA 17403
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
I-HCR MANOR CARE -1
267 E MARKET ST
YORK, PA 17403
VS.
DEFENDANT: NAME and ADDRESS
FHOUSE, JR., HARRY -~
619 RIDGE ST
FOR HARRY HOUSE,SR (DCSD)
~TEELTON, PA 17113 /
Docket No.: CV-0000308-01
Date Filed: 9/11/01
THISJS TO NOTIFY YOU THAT:.. ~.
Judgment:
Judgment was entered for: (Name)
Judgment was entered against: (Name)
in the amount of $
4 :"/R1 _ 4q on:
(Date of Judgment) 1 1/nf;/Ol
["-~ Defendants are jointly and severally liable.
Damages Will be assessed 0n: :
~] This case dismissed without prejudice.
--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $.
r--] Levy is stayed for__ days or ~ generally stayed.
---]Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
(Date & Time)
Am6unt of'Judgment $ 4,6'79.99
Judgment Costs $ 101.50
Interest on Judgment $ o 00
Attorney Fees $ o 00
Total $ 4,781.49
$
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 TFIISJI~¢~CE tD~ JUDGIIENt'/'}'~T F(X:lM WITH YOUR NOTICE OF APPEAL.
//~ ~/Date --~'u~Z,/, ~r..2Cr~ , District Justice
! cert~y th;this is a true,~n.~e/c/o~"'-~h)~~proceedings'containing the judgment.
//i~/C~ Date ~~,~,~ , District JustiCe
/ ' - - I
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
HCR Manor Care,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JUDGMENT NO. 02-1357
Harry House, Jr.,
Defendant (MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1)
(2)
(3)
(4)
PRAECIPE FOR WRIT OF EXECUTION
Directed to the Sheriff of Cumberland County, Pennsylvania;
against, Harry House, Jr.- 619 Ridge Street, Steelton, PA 17113, Defendant(s);
and against, First Union National Bank- 604 E. High St., Carlisle, PA 17013 Garnishee(s);
and index this writ
(a) against, Harry House, Jr.,
(b) against, First Union National Bank,
Defendant(s) and
Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as
follows: (Specifically describe property) ****GARNISH ONLY***
You are directed to attach the property of the Defendant(s) not levied upon in the possession of
First Union National Bank
604 E. High Street
Carlisle, PA 17013 Garnishee(s)
All accounts including but not limited to all savings, checking and other accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe
deposit boxes.
Amount due
$ 4,679.99
Interest from March 19, 2002
At an interest rate of 6% per year
Dated 21 June 2002
To Be Determined
Total $ 4,679.99 Plus costs & interest
Am~/F. /~01fso~, J~s~q~ire
Attorney' ID # 87062
267 E. Market Street
York, PA 17403
(717)846-1252
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
HCR MANOR CARE
VS.
HARRY HOUSE, JR.
and
FIRST UNION NATIONAL BANK,
GARNISHEE
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
NO. 02-1357
I~.NTR¥ OF APPEARANf2~E
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of First Union National Bank, Garnishee, in the
above-captioned matter.
Date: "'] - [ (o -0 ~'
Jo c. srP.
Attorney for Garnishee
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-1357 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HCR MANOR CARE, Plaintiff (s)
From HARRY HOUSE, JR., 619 RIDGE STREET, STEELTON, PA 17113
(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 FIRST UNION NATIONAL BANK, 604 E. HIGH ST., CARLISLE, PA 17013, ALL
ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER
ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL,
PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES.
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 thereofi
(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 been added as a
garnishee and is enjoined as above stated.
Amount DueS4,679.99 L.L. $.50
Interest FROM MARCH 19, 2002 AT AN INTEREST RATE OF 6% PER YEAR
Atty's Corem % Due Prothy $1.00
Atty Paid $32.25 Other Costs
Plaintiff Paid
Date: JUNE 25, 2002
(Seal)
REQUESTING PARTY:
Name AMY F. WOLFSON, ESQUIRE
Address: 267 E. MARKET STREET
YORK, PA 17403
Attorney for: PLAINTIFF
Telephone: 71%846-1252
Supreme Court ID No. 87062
CURTIS IL LONG
Prothono/m,.r~ _
L
Deputy
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
HCR MANOR CARE
VS.
HARRY HOUSB, YR. and
FIRST UNION NATIONAL BANK,
GARNISI~E
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
NO. 02-1357
AN,qV~rF, R,q TO INTF, RROGATORIES IN ATTACHMENT
TO: HCR MANOR CARE, Plaintiff
1. No.
2. Yes. At the time of service of the Writ, Defendant maintained the following
accounts and balances:
Account titled in the name of Dolly Z. House, Harry House, Hat~ W. House Jr. with
a balance of $28.22, an account titled Dolly Z. House, Harry W. House Jr. with a balance of $20.55,
an account rifled Harry W.House Management Account with a balance of $174.33, and an account
titled Dolly Z. House, Harry W. House Jr. with a balance of 44.29. The sum of $267.39 has been
restricted pursuant to this Writ.
Garnishee is unable to determine from its records whether Dolly Z. House, Harry W.
House Jr., and Dolly Z. House, Harry W. House Jr. are entireties account or a joint account.
Garnishee incorporates herein by reference its New Matter as set forth below.
Defendant maintains a safe deposit box rifled Dolly Z. House, Harry W. House Jr,
located in Pennsylvania. Entry to said box has been restricted pursuant to this Writ. An appropriate
Order of Court is required to open the box pursuant to Pa.R.C.P. Section 3110. See New Matter set
forth below for further answer and defense.
3.-6. No.
7. See answer to No. 2 above and No. 9 below.
NEW
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER
WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY
BE ENTERED AGAINST YOU.
8. Garnishee incorporates by reference its Answers to Interrogatories one through seven
above as though fully set forth herein.
9. As set forth above, the account rifled Dolly Z. House, Harry W. House Jr., and Dolly
Z. House, Harry W. House Jr. are titled to either tenants by the entireties or to joint tenants.
Garnishee is unable to determine from its records as to the appropriate designation of the account. If
the parties to the immanent are husband and wife, then such asset is an entireties asset and is not
subject to execution pursuant to a judgment against either party, but only pursuant to a judgment
against both parties. If the assets are rifled to joint tenants, the assets cannot be executed upon
without competent proof by Plaintiff that the attached assets belong to the judgment debtor and
without an appropriate Order of Court directing the Garnishee to permit execution against such
assets by Plaintiff in whole or in part. Garnishee will stay further action pending a hearing and
determination by the appropriate Court.
As indicated above, the account titled Dolly Z. House, Harry House, Harry W.
House Jr. which is in the possession of the Garnishee is rifled to joint tenants and as such cannot be
executed upon without competent proof by Plaintiff that the attached assets belong to the judgment
debtor. As such, Garnishee cannot release the attached assets without an appropriate order of Court
directing the Gamisbee to pemfit execution against such assets by Plaintiff in whole or in part.
Gamisbee will stay further action pending a hearing and detem~a-~arion by the appropriate court.
In order to execute upon the contents of the safe deposit box described
hereinabove, plaintiff must proceed pursuant to Pa.R.C.P. Section 31 I0.
JON~. SIRLIN
Attorney for Garnishee
Date:
First Union National Bank
PA4418
Lier~-and Levies
5th and. Market Sweets
Philadelphia, PA 19106
verification
Kathleen Gormley, being duly sworn according to law. deposes and says that she is the
Writ of Execution Administrator of First Union National Bank. Garnishee herein, and
verifies that the statements made in the foregoing Answers to Interrogatories are true and
correct to the best of her knowledge. Said Garnishee understands that false statements
herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to s~vorn
falsification to authorities.
· Kathleen G~mle;'
'v[anagor '
SHERIFF's RETURN -
CASE NO: 2002-01357 p
COMMONWEALTH OF
COUNTy OF PENNSLYVANiA
CUMBERLAND
HCR MANOR CASE
VS
HOUSE HARRY JR
GARNISHEE
And now BRIAN BARRICK
__,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly SWOrn according
to law, at 0013:08 HOurs, on the 9th day of ~, 20~02, attached
as herein COmmanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
HOUSE HARRY JR ~'
hands, pOSSession, or COntrol of the within named Garnishee -' in the
FIRST UNION NATIONAL BANK 604 E. HIGH ST
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JILL MJLNLEY (MANAGER)
personally three copies of interogatories together with 3_______ true
and attested copies of the within WRIT OF EXECUTION
the COntents there of known to He_~r. ~ and made
.00
.00
.00
.00
.00
So a~: /'~-/~'
Sheriff of Cumb~
.00
S 07/11/2002 /~ /
Worn and subscribed to before me
thi~ ~ day of~ By ~'/~f~ ~/~ ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HCR MANOR CARE,
Plaintiff,
v. NO. 02-1357
HARRY HOUSE, JR.,
Defendant,
FIRST UNION NATIONAL BANK,
Garnishee,
CiVil ACTION-LAW
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, First Union National Bank,
discontinued, upon payment of your costs only.
Dated:
6 September 2002
Respectfully submitted,
WOLFSON & ASSOCIATES, P.C.
Ar~~on~, Esquir~~
Attorney for Plaintiff
WOLFSON & ASSOCIATES, P.C.
267 East Market Street
York, Pennsylvania 17403
Telephone No. (717)846-1252
Attorney I.D. No. 87062
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HCR MANOR CARE,
Plaintiff,
v. NO. 02-1357
HARRY HOUSE, JR.,
Defendant,
v. CIVIL ACTION-LAW
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION~
FIRST UNION NATIONAL BANK,
Garnishee,
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, First Union National Bank,
discontinued, upon payment of your costs only.
Respectfully submitted,
WOLFSON & ASSOCIATES, P.C.
Dated:
6 September 2002
Ar~~ Esqui~ -'"""
Attorney for Plaintiff
WOLFSON & ASSOCIATES, P.C.
267 East Market Street
York, Pennsylvania 17403
Telephone No. (717)846-1252
Attorney I.D. No. 87062
R..Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.43
Advertising
Law Library .50
Prothonotary 1.00
Mileage 3.45
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
Advance Costs: 150.00
Sheriffs Costs: 73.38
76.62
Refundedto Attyon 9/17/02
Sworn and Subscribed to before me
s _/9 - day of~
2002 A.D. ~g~-~_~2~~ ,
· P~othonotary
So Ans~ters:., ~'~..
!
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-1357 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HCR MANOR CARE, Plaintiff (s)
From HARRY HOUSE, JR., 619 RIDGE STREET, STEELTON, PA 17113
( 1 )You are directed to tew upon the property of the defendant (s)and to sell .
(2) You are also directed to a~ach the property of the defendant(s) not levied upon in the possessi°n
of FIRST UNION NATIONAL BA31K, 604 E. HIGH ST., CARLISLE, PA 17013, ALL
ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER
ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL,
PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES.
GAILNISHEE(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) if property of the defendant(s) not levied upon an subject to attachment is found in the possessi°n
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 DueS4,679.99 L.L. $.50
Interest FROM MARCH 19, 2002 AT AN INTEREST RATE OF 6% PER YEAR Due Prothy $1.00
Atty's Corem %
Arty Paid $32.25
Plaintiff Paid
Date: JUNE 25, 2002
(Seal)
Other Costs
CURTIS R. LONG
Prothonot~
Deputy
REQUESTING PARTY:
Name AMY F. WOLFSON, ESQUIRE
Address: 267 E. MARKET STREET
YORK, PA 17403
Attorney for: PLAINTIFF
Telephone: 71%846-1252
Supreme Court 1D No. 87062
SIRLIN GALLOGLY & LESSER, P.C
By: Jon C. Sirlin, Esquire, I.D. No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
HCR MANOR CARE
VS.
HARRY HOUSE, JR.
and
FIRST UNION NATIONAL BANK,
GARNISHEE
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
: NO. 02-1357
BII,I, fig' Cf~gTg OF GARNIgHEF,: FIRgT I}NION NATIONAl, RANK
Garnishee, First Union National Bank, hereby bills the following costs to the fund attached
and will be satisfied therefxom, as authorized by 42 Pa.C.S.A. Section 2503:
Gamishee's fee pursuant to
42 Pa. C.S.A Section 2503:
Notary Charges:
Entry of Appearance:
Answers to Interrogatories:
Order to Discontinue or Satisfy:
Other:
$1
$ o_oo
$
$ 0.00
$ 0.o0
$
: $135_00
JO~C. SIRLIN
Attorney for Garnishee
Costs are hereby taxed in the amount of $~ this ~d____~day of/~"3g']~ ,2002.
PROTHONOTARY' ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HCR MANOR CARE : No. 2002-01357
Plaintiff :
vs. : CIVIL ACTION - LAW
:
HARRY HOUSE, JR. :
Defendant :
PRAECIPE TO SETTLE AND SATISFY
TO THE PROTHONOTARY:
( ) Please mark the above captioned action settled and satisfied.
OR
( X ) Please mark the above captioned judgment or lien setded and satisfied.
Dated:
Respectfully submitted,
Attorney ID//87062
Wolfson 6~ Associates, P.C.
267 East Market Street
York, PA 17403