HomeMy WebLinkAbout06-4689COMMONWEALTH OF PENNSYLVANIA
Cr)I INTv r1F- CUMBERLAND
09-3-05
MDJ Name: Hon.
MARE MARTIN
Ad&- 507 N YORE ST
MECHANICSBURG, PA
TOephone. (717) 766-4575 17055
PAUL & VANESSA BARN JR
608 SOMERSET DRIVE
MECRANICSBURG, PA 17055
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF
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NOTICE OF JUDGMENT/TRANSCRIP?'
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rRAHN JR, PAUL & VANESSA 7
608 SOMERSET DRIVE
MECHANICSBURG, PA 17055
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VS.
DEFENDANT: NAME and ADDRESS
rCARTER, TERRY
95 BIG SPRING TRL
NENVILLE, PA 17241
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Docket No.: CV-0000208-06
Date Filed: 6109106
_ (Date of Judgment) 7/14/06
® Judgment was entered for: (Name) BARN JR, PAUL A VANESSA
® Judgment was entered against: (Name) CARTER, TERRY
in the amount of $ 3, 731.5
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease !g
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 JUDGMENT/TRANSCRIPT 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 II 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.
04Date
I certify t at this is a true and
1 r a to Date _
Amount of Judgment $ 3,646.0
Judgment Costs $`W9.5
Interest on Judgment $-a
Attornev Fees $ 0
3,731.5
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
District J
the record of the proceedings containing the judgment.
-My commission expires first Monday of January,
R
Magisterial District Judge
SEAL
AOPC 315-06
DATE PRINTED: 7/14/06 11:53:00 AK
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: : ? Confessed Judgment
PAUL BARN, JR. and VANESSA BARN, ? Other
Plaintiffs File No. 2006-4689
V.
ZERRY CARTER,
: AmouatDue. $3,731.50
: Interest 37.30
: Atty's Comm
Defendant Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undamped hereby certifm that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgmcut, but if it does, it is based on the appropriate original
proceediiig fkd 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 Shcnffof Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all personal property of Defendant Terry Carter located at
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).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit. /
Date, September 21- 2006 Signature:
Print Name:
Address:
Attorney for:
Telephone:
Keith 0. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Plaintiffs
(717) 697-8528
Supreme Court ID No: 47077
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WRIT OF EXECUTION and/or ATTACHMENT
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COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PAUL BARN, JR., AND VANESSA BAHN, Plaintiff (s)
From TERRY CARTER, 95 BIG SPRING TERRACE, NEWVILLE, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF DEFENDANT TERRY CARTER LOCATED AT 95 BIG
NO 06-4689 Civil
CIVIL ACTION - LAW
SPRING TERRACE, NEWVILLE, PA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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) 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 Due $3,731.50
Interest $37.30
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Date: SEPTEMBER 21, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
1
Curtis R. tong' Pro o
By:
Deputy
REQUESTING PARTY:
Name KEITH O. BRENNEMAN, ESQUIRE
Address: 44 WEST MAIN STREET
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFFS
Telephone: 717-697-8528
Supreme Court ID No. 47077
PAUL AND VANESSA BARN, JR.,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRY CARTER,
DEFENDANT
06-4689 CIVIL TERM
ORDER OF COURT
AND NOW, this t9 day of October, 2006, a hearing on the merits
of the within claim for an exemption shall be conducted in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 a.m., Thursday,
November 16, 2006.
,K-6i'th O. Brenneman, Esquire
For Plaintiffs
A
terry Carter
95 Big Spring Terrace
Newville, PA 17241
Cumberland County Sheriff
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By the Court
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Edgar B. Bayley, J.
1 111-91
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PAUL AND VANESSA BAHN, JR.,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRY CARTER,
DEFENDANT
06-4689 CIVIL TERM
ORDER OF COURT
AND NOW, this 40 day of November, 2006, by consent of
plaintiffs, defendant's $300 statutory exemption shall be set aside in kind by defendant's
paint sprayer, golf clubs and salamander heater.
By the Coyrt,--
Edgar B. ayley, J.
Keith O. Brenneman, Esquire
For Plaintiffs
Terry Carter
95 Big Spring Terrace /-?- ??"??"oG
Newville, PA 17241
Cumberland County Sheriff • q?,,?,
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of Currt?Prr??
4 R. RONNY R. ANDERSON
R. THOMAS KLINE Chief Deputy
Sheriff - ?.
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' JODY S. SMITH
EDWARD L. SCHORPP Real Estate Sergeant
Solicitor OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
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c.-i -37
11/03/06
Paul Bahn, Jr. and Vanessa-Bahn -,
Vs
Terry Carter
Writ No. 2006-4689 Civil Term
Property Claim Determination
Dear Sir,
Reference is made to Property Claim dated October 25, 2006, entered
by Annette Moyer, pertaining to Writ of Execution No. 2006-4689 Civil Term, Paul
Balm, Jr and Vanessa Bahn -vs- Terry Carter.
R. Thomas Kline, Sheriff, has determined that the claimant, Annette Moyer,
in the above mentioned property claim, is prima facie the owner of the property set forth
therein.
cc
Keith Brenneman, Atty for Pltff
Terry Carter, Deft.
Annette Moyer, Claimant
So Answers:
Thomas R. Kline, eriff
Byl.?c Cam?V .??L
PROPERTY CLAIM
VS
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TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. )0(t 216 1917 C 1 U 1
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF FROPER/TpY VALUE
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above list in the property c' im are correct and true.
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being duly sworn according to law, deposes and says that the
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THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
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LE :S V S Z 100 9091
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriff s Costs 70.57
Docketing 18.00 79.43
Poundage 1.39
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 07/17/07
Mileage 9.68
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL 70.57 ? >?a y/o-7 Lj So Answers;
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-4689 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PAUL BAHN, JR., AND VANESSA BARN, Plaintiff (s)
From TERRY CARTER, 95 BIG SPRING TERRACE, NEWVILLE, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF DEFENDANT TERRY CARTER LOCATED AT 95 BIG
SPRING TERRACE, NEWVILLE, PA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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) 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 Due $3,731.50
L.L. $.50
Interest $37.30
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: SEPTEMBER 21, 2006
(Seal)
REQUESTING PARTY:
Name KEITH O. BRENNEMAN, ESQUIRE
Address: 44 WEST MAIN STREET
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFFS
Telephone: 717-697-8528
Curtis . Long, Pro o
By: - - - - (J
Deputy
Supreme Court ID No. 47077