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HomeMy WebLinkAbout03-2271IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS. JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant CIVIL ACTION : .. : NOTICE OF JUDGMENT (XX) () NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $ ON ,2003. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO AN D.,~IARG LE~I;N~. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Wag Bethlehem, PA 18017 (61 O) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a · E-DR.COM : Plaintiff VS, JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant · No. (~,~ --,,2~,7/ CIVIL ACTION : : : PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal, within 30 days, a judgement entered January 07, 2003 against the above-named defendant(s) before District Justice Robert V. Manlove, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount Post Judgment Interest (from January 7, 2003 to April 22, 2003 at 6% per annum) Payments 4,800.77 80.51 500.00 Total $4,381.28 Dated: April 22, 2003 2023792 Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS. JOSEPH WINBERRY i/Ua CAMP HILL EYE CARE Defendant CIVIL ACTION _- .- CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: c/o Amato and Margle, P.C. 107 North Commerce Way Bethlehem PA 18017 I do certify that the precise last known address of the within named defendant is: 3028 Market Street, #3 CAMP HILL PA 17011 AMATO AN D,JJ~ARGJ,E~.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS. JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant(s) : No. 03 '"'~7/ CIVIL ACTION : : : AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON: The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Joseph Winberry is over 18 years of age, resides at 3028 Market Street, #3, CAMP HILL PA 1701 I and is employed as Camp Hill Eye Care, Sworn to and subscribed before me this~ day of ~--~\ 2003 A.D. NOT/~RY~UBLi"C NOTARIAl, SEAL GEOFFREY (i SCHOI-~NF:CK Nolary I'ublic H^NOVER TOWNSHIP, NORTHAMI~'rON ~ My Commission Expires Mar 29, 2004 COMMONWEALTH OF 'PENN SYLVAN IA 'COUNTY OF: CUMBERLAND Mag DisL No.: 09-1-02 D~I N~me: Hon ROBERT V. MANLOVE Address: 19'01 STATE STREET 'CAMP HILL, PA NOTICE OF JUDGMENT/TRANSCRIPT ~PLAIN'flFF: CIVIL CASE ' NAME And ADDRESS FE - DR NETWORK, LLC/DBA E - DR. COM ~ 107 N COMMERCE WAY BETHLEHEM, PA 18017 VS, NAa,E, and ADDF~ES, S- C/O RONALD AMATO, ESQ. 107 N COMMERCE WAY BETHLEHEM, PA 18017 THIS IS TO~NOTIFY YO~TH~T: E~ Judgment was entered for: (Name) E~ Judgment was entered against: (Name) CAMP HILL, PA 170-11 / _j Docket No.: Cd'- 0000533 - 02 Date Filed: 12/06/02 ~MP HTT.T. RYR ~AR~ in the amount of $ 4:R00.77 on:  Defendants are joint y and severa y liable. ./.'~ DamagesWillibe ' '~: :,': .. ' [--]This case dismissed without prejudice. [---~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. (Date of Judgment) .(Date a~i.T-fm~)" r Attorney Fees Total Post Judgment Credits Post Judgment Costs $ ,00 $ 4,800.77 $ $ Certified Judgment Total $ ANY PARTY HAS THE~RIGHT TO APPEAL, WPrHIN 30 DAYS AFTER THE;ENTRY O~ JUDGME~ BY FILING A NOTI($E OF APPEAL WITH. THE [SROTHONOTARy/C~ERK OF Tt~ s COURT oF' COMMON PLE~,S, CIVIL D[~ISI°N. 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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE . 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, 2006 . AOPC 315-03 ;:: ~. :;:,,,: SEAL COMMONWEALTH OF'~_NNSYLVANIA NOTICE OF JUdGMENT/TRANSCRIPT · 'C(~UNTY OF: COMBER~ CIVIL CASE Mag Dist No.: PLAINTI'FF: NAME and ADDRESS ~.~ 09 - 1 - 02 I-'E-DR NETWORK, LI.,C/DBA E-DR.COM /DJ~Name Hon " 107 N COMMERCE WAY ROBERT V. ~VE BETHLEHEM, PA 18017 Ad,~ss: 1901 STATE STREET C/O RONALD AMATO, ESQ. / 107 N COMMERCE WAY Docket No.: CV- 0000533- 02 BETHLEHEM, PA 18017 Date Filed: 12/06/02 THIS IS TO,~OTIFY YOU THAT: ~ Judgment was entered for: (Name) R - ~ ~-~,Pmr~g~r, ~,f,c,../n~a ~ -n~_ ~ Judgment was entered against: (Nam._e) w~_.~...¥; in the amount of $ ,~_ St 00~ 7. _..~,:, ~J'~.~,~. (Date of Judgment) 1 . ~ Defendants.are jo ntly and s~b'ra ly I ab e - ' ';';~ (Date &'Time) ~,,:DamageS:,Wi I'~ ,._ :AmOun:t of j~dgment ,-: .. ,, ? ',- .<-.,: . ~.:,;.,.~ :. Judgment C0sts:~ - $ ' ~ ,., u~ Interest on JUdgment .. $. ':, -;O0 ~ This case dismissed withou~jL ' '- ,. j.~' ..~ Attorney Fees $ ,.00 ..~.¢- ~ Total $ ~, 800.77 ~ Amount of Judgment Subjec~ AttachmenVAct 5 of 1996 $. ~- Post Judgment Credits $. Post Judgment Costs $ gment Total $ ANY PARTY HAS ?HE RIGHT ~O APPEAL WITHIN 3ODAYS OF/~,PPEAL WITH THE PROTHONOTARY/C~ERK OF THE COURT ( MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN~I'RANSCRIPT EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCE ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON I OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE UNLESS THE JUDGMENT IS ENTERED IN THE COURT ~ ON PLEAS, INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. By FILII~IG/~ NOTIQE )IVISION. YOU OF APPEAL. IF THE JUDGMENT HOLDER FROM THE COURT ate . District Justi, My commission expires first Monday of January, 2006 AOPC 315-03 SEAL IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS. JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant(s) No. 03-2271 Civil PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal property belonging to the above- named defendant(s). (2) against JOSEPH WlNBERRY i/t/a CAMPHILL EYE CARE, Defendant(s) (3) and against ........................................ Garnishee(s) (4) and index this writ (a) against .................................. Defendant(s) and (b) against ....................................... 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 the property) (5) Amount Due $ 4,381.28 Statutory Interest From May 12, 2003 $ .66 Less Payment ~ 0.00 Costs Poundage Total ~ 4,381.94 Date:May 13, 2003 Attorney File//: 2023792 AMATO AND MARGLE, By: ~ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff C) IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS, JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant(s) No. 03-2271 Civil : : WRIT OF EXECUTION · (MONEY JUDGMENTS) WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and cost against JOSEPH WINBERRY i/t/a CAMPHILL EYE CARE, Defendant(s); (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived. (2) You are also directed to attach the property of the defendant not levied upon in the possession of .................... ..................................................... Garnishee(s) 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 ~f 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 and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount Due Statutory Interest From May 12, 2003 4,381.28 .66 Less Payments Costs $ 0.00 Poundage Total DATED (SEAL) By 4,381.94 plus add'l costs Prothonotary - Cumberland County Court of Common Pleas, Cumberland County Attorney File//: 2023792 Deputy IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a : E-DR.COM : : Plaintiff : VS. : : JOSEPH WlNBERRY i/t/a CAMP : HILL EYE CARE : : : Defendant(s) : No. 03-2271 Civil CIVIL ACTION CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 3028 Market Street, #3 CAMP HILL PA 17011 Dated:May 13, 2003 AMATO AND MARGLE, P.C. Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2023792 IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS. JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant(s) No. 03-2271 Civil CIVIL ACTION WAIVER OF WATCHMAN To the Sheriff: Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: May 13, 2003 Attorney File #: 2023792 AMATO AND MARGLE, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a : E-DR.COM : Plaintiff : VS. : : JOSEPH WlNBERRY i/t/a CAMP : HILL EYE CARE : : : : Defendant : No. 03-2271 Civil CIVIL ACTION WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RIGHTS. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU MUST ACT PROMPTLY. THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PROPERTY IS SAID TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS ARE LISTED ON THE NEXT PAGF. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. (1) (2) IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IN THE CO[JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E-DR NETWORK, LLC d/b/a E-DR.COM Plaintiff VS, JOSEPH WINBERRY i/t/a CAMP HILL EYE CARE Defendant(s) No. 03-2271 Civil CIVIL ACTION CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (i) set aside in kind (specify property to be set aside in kind): __(ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) my 9300 statutory exemption: in cash; in kind(specify property): ; (b) Social Security benefits on deposit in the amount of $ ; (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption 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. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: South Hanover Street, Carlisle, PA 17013 717-240-6195 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STATUTORY EXEMPTION 2. BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERAN AND ARMED FORCES BENEFITS. 7. CERTAIN INSURANCE PROCEEDS 8. SUCH OTHER EXEMPTIONS AS MAY BE PROVIDED BY LAW R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 2.28 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Misc Surcharge 30.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $ 116.10 Advance Costs: 150.00 Sheriff's Costs: 116.10 $ 33.90 Refunded to Atty on 7/8/03 Sworn and Subscribed to before me This/6 {gday of(~ 2003 A.D. ~., ~ .~ z P/:othonotary So Answers;