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HomeMy WebLinkAbout02-2777COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Mag. Dist No.: 12-1-06 DJ Name: H0n : JO-qEPH S. LINDSEY A~d,~.: 5201 JONESTOWN ROAD HAP~RI SBURG, PA (717) 671-8640 17112 DAVID FLORIST & GARDEN CENTER 4200 LOCUST LANE HARRISBITRG, PA 17109 NOTICE OF JUDGMENT/TRANSCRIPT 'CiVIL CASE PLAINTIFF: NAME and ADDRESS rDAVIS FLORIST & GAED~'q CENTER -] 4200 LOCUST LANE HArRISBUrG, PA 17109 / j VS. DEFENDANT: NAME and ADDF~ESS rLOC~I~TER, WILLIAM, ET AL. ~ P.O. BOX 632 ~5~ X.(~ ~Ve MECHANICSBURG, PA 17055 Docket No.: CV-0000143-02 ] ~ Date Filed: 3/05/02 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) [-~ Judgment was entered against: (Name) D~ADLT ~D~M~q'D PLTF T~R1G'I~: WTT.T.T]~,A~ in the amount of $ I :4aq -47 on: ~ Defendants are jointly and severally liable. ~ Damages wilt be aSsessed on: [] This case dismissed without Prejudice. ]Amount of dudgment Subject to Attachment/Act 5 of 1996 $. ~ Levy is stayed for days or [~ generally stayed. [~ Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) /nn/n Amount of Judgment $' 1,378.97 Judgment Costs $. 60.50 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 1,439.47 $. Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: 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 A./R./fY2 ' Date //~/~ ~ ~~ ,District Justice My commission expires ~nday of January, 2006 SEAL AOPC 315-99 COMMONWEALTH OF PENNS~tLVANIA COUNTY OF: DAUPHTN DJ Name! Hen :JOSEPH S. LINDSEY DAVID FLOI~IST ~ GARDEN CENTER 4200 LOCU~ LANE HARRISBURG, PA 17109 NOTICE OF dUDGMEHT/TRANSCRIPT OIVIL CASE;E PLAINTIFE~ ~ .~ ,~ h~F,-andA~,~:n~ '/ --2- 4200 LOCUST LANE HARRISBURG, PA 17109 L J VS. DEFENDANT: NAME and ADDRESS [-LocKNEK, WILLIAM, ET AL. 1 --I P.O. BOX 632 ,~,S"~.~-- ,Z.z'Jd~,~ ,4~ MECHANICSBURG, PA 17055 L J Docket No.: CV--0000143-02 Date Filed: 3/05/02 THIS IS TO NOTIFY YOU THAT: [] Judgment was entered for: (Name) 'r'lA~?Tt~ ]Judgment was entered against: (Name) T,4"~"TI~U~R _. ~q[~'~'l~ in the amount of $ I: 4'4q _ 4'7 on: (Date of - - (Date & "ime) J Judgmen! $ 1,378.97 ~ ~ent Costs $. 60.50 ~ ment $ $ "~ $ ~'1 Defendants are jointly and severally liable. [] Damages will be as~sse'd on: [] Thi~'case dismisse~ Without prejudice. [] Amount. of Juogment Subject to ~' ~, At[ach~ent/Act 5 o,~1996 $ /'" ~ [] Levy is stayed for'~ ' days or [] g~'nerally stayed. _~--]_ Ob e~tion~ to levy. h_a.s been.,t ed ~nd nea( ng ~i be .held: Judgment Credits $ Judgment Costs~, $ Certified Judgment [otal $ Date: Place: Time: ANY PARTY HAS TH~:RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF A>PPEA~WITH- ~ THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU ~u~'i::iI~I'~'~DE ACOPY OF THRICE OF JUDGMENT/TRANscP'~PT FoRM WiTH YOUR~/OTICE OF APPEAL. '~ · '- - " ~.r/ '~ >, -v . . I dertify that this is a tru~ff~'~ o~e' record~e~ings containing the judgment. My commission expires~t Monday of January, 2006 SEAL AOPC 315-99 OFFICE Of Stephen E. Farina Prothonotary PROTHONOTARY Front & Market Streets Harrisburg, PA 17101 (717) 255-2697 CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY, PENNSYLVANIA PLAINTIFF : V. h,rm..e.-~--e. [~.oc~n.~r- : DEFENDANT : : DISTRICT JUSTICE DOCKET NUMBER : P_x/. O00C~ \H 3-o~ As of the date certified below, the following action has been taken on the above- referenced appeal: There has been no appeal taken to the Court of Common Pleas The following party has taken an appeal to the Court of Common Pleas: dUN 0 7 20137 Date ~na. F~-ro}h~r o~t~~ ~y D[~p~ty Prot, h. - 7§ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION ~ ~u~ ~ : (~ Other vs. : Amount Due ~)/~ ~ ~W~ ~~ : Interest ~ ~ ~ : At~'s Comm TO THE PROTHONOTARY OF THE SAID COURT: 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 ~'_,',,,'Y/~-~,~,//~~V~/ 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). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~///~ ,~-~-7'-%-- ~'/2,,,~,J ~-~J .~-~_ Date Signature: Print Name: 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--2777 Civil CIVIL ACTION - LAW TO THE SI-/ER/FF OF Cumberland COUNTy: To satisfy the debt, interest and costs due DAVIS FLORIST & GARDEN CENTER LOCUST LANE, I'/ARRISBURG, pA 17109 PLANTIFF(S) 4200 From WILLIAM & ANNETTE LOCKNER 17055 4524 LINDEN AVENUE, MECHANICSBURG, PA (1) You are directed to levy Upon the properly &the defendant(s) and to sell ALL PERSONAL PROPERTy (:) (2) Yun are als° di~ected to attach the property of the defendant(s) of not levied Upon in the possession GARN/SHEE(S) as follows: and to no?fy the garnishee(s) that. (a) an attachment has been ,ssnad ~re~emn~g~any debt t~ or for the account of the de , (b) the garmshaets)is/are eh' ' -----,~1 or omervose disposing thereol~ fendant (s) and from delivering any property o~0;n;d (3) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n &anyone other than a named garnishee, garnishee and is enjoined as above stated,y°u are directed to notify him/her that be/she has been added as a Amount Dna $1,439.47 Interest L.L. Due Prothy $1.00 Atty's Conma % Atty Paid Other Costs Plaintiff Paid $29.25 Date: JUNE 7, 2002 REQUESTiNG PARTY: Name: BRYCE L DAV/s Address: 4200 LOCUST LANE HARRISBURG, PA 17109 CURTIS R. LONG Prothonotary, Civil Division Attorney for: Telephone: 7173618907 Supreme Court ID No. JASON MELLOTT, Plaintiff DAWN RANA MELLOTT Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dawn Rana Mellott, D~fer~c~n'~ ~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~3301(c) OF THE DIVORCE CODF 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dawn Rana Mellott, Defendant JASON MELLOTT, Plaintiff DAWN RANA MELLOTT Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. · IN DIVORCE/CUSTODY MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I '~Tt~ day of }b'o'~v~-~.~ 2002, by and between, DAWN RANA MELLOTT, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and, of JASON MELLOTT, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 8, 1993, in Carlisle, Cumberland County, Pennsylvania, and; WHEREAS, there were three children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of KARL ROMINGER, ESQUIRE, as his attorney. The Wife has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that husband has filed a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(d) of the Pennsylvania Divorce Code. Wife hereby expresses agreement that the marriage is irretrievably broken and expresses intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 5. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 6. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waiver, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The blue 1989 Dodge Spirit shall be and remain the sole and exclusive property of Wife. (b) The tan Chevy Chevette shall be and remain the sole and exclusive property of Husband. (c) The 1995 Plymouth Voyager van shall be and remain the sole and exclusive property of Husband. (d) The Cadillac Simaron shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within fourteen days of this agreement, and said executed titles shall be delivered to the proper parties on the same date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 9. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 10. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 12. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 14. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 16. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: /JASON MELLOTT Date: Witness COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the ~l~'~ day of ,~'?,m,~£/~-~ ,2002, before me, the undersigned officer, personally appeared JASON MELLOTT known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. DAWN RANA MELLOTT Date: Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the/%'[t~- (:Jay of B-)©u~-,,~-~. , 2002, before me, the undersigned officer, personally appeared DAWN RANA MELLOTT known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary Pu~ commission i JANE 5, R..Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff's Costs: Docketing $ 18.00 Poundage 1.13 Advertising Law Library Prothonotary 1.00 Mileage 7.59 Misc. Surcharge 30.00 Levy Post Pone Sale Garnishee 57.72 Advance Costs: 150.00 Sheriff's Costs: 57.72 Refunded to Atty on 12 / 31 / 02' Sworn and Subscribed to before me This 3,~day of ~__ 2002 A.D.Q_~..~ ~_. ~ ~),. ,, 4.~ ~/Prothonotary So Ansv~ers'~ ~..~ R. Thomas Kline, Sheriff By ~ .1/O tl I~Ct ,~-~. ~.l..O~~'~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02--2777 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due DAVIS FLORIST & GARDEN CENTER 4200 LOCUST LANE, HARRISBURG, PA 17109 PLANTIFF(S) From WILLIAM & ANNETTE LOCKNER 4524 LINDEN AVENUE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant(s) and to sell ALL PERSONAL PROPERTY (2) (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 heJshe has been added as a garnishee and is enjoined as above stated. Amount Due $1,439.47 Interest Atty's Comm % Atty Paid Plaintiff Paid $29.25 Due Prothy $1.00 . Other Costs Date: JUNE 7, 2002 REQUESTING PARTY: Name: BRYCE L DAVIS Address: 4200 LOCUST LANE HARRISBURG, PA 17109 Attorney for: Telephone: 7173618907 Supreme Court ID No. CURTIS R. LONG Prothonotary, Civil Division TRUE COPY FROM RECORD In Testifr~on¥ whero~f, I ~e~'t~ ~m~ ~t my ~ _ ~oth~mr~