Loading...
HomeMy WebLinkAbout99-031661?1 7 I • I ,; :C,li G i?.. w`,( i ).r ??.,' ?' lit Ca 4? ?; t L3 ?. 'q l f:),y i.dp :.t !%;! S:tl nrt l":.a) 1 'J' . ?`4 ?.?,.?'.,LL. '. Sf WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 99-3166 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NMTC, Inc. d/b/a Matco Tools PLAINTIFF(S) from Jason Rhoads, 1129 Mountain Road, Newburg PA 17240. - DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell All cash on hand or in possession of Deft., accounts receivables, furniture, furnishings, equipment, inven- tory, tools, vehicles, electronic equipment, any and all other personal property belonging to Deft. (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/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 hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,768.83 Interest from 5/25/99 Afty's Comm Atty Paid _ Plaintiff Paid Date: June 2, 1999 REQUESTING PARTY: Name Ronald Amato, Esquire- Address: 1.07 N. Commerce Way Bethlehem PA 18017-8930 Attorney for: Plaintiff $31.75 L.L. $.50 Due Prothy . Other Costs Curtis R. Long Protho otary, Civil Division by: ' a1? 4 4bA- Deputy Telephone: (610) 866-0400 Supreme Court ID No. __ 32323 _ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant filed bankruptcy. Sheri 'Costs: Dock Law ary Pro otary Se Sur roe Levy Poundage $18.00 .50 1.00 7.44 8.00 20.00 1.10 $56.04 Advance Costs: $150.00 Sheriff's Costs: 56.04 $ 93.96 Sworn and Subscribed to Before Me This le? a- Day of ??5r 1999, A.D. o ' . Refund to atty on 7-13-99 So Ars: R. Thomas Kline, Sheriff Deput Sheriff r ?'v i/? ,?i ??i? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS No. qq Plaintiff VS. JASON RHOADS CIVIL ACTION Defendant PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of Plaintiff and agaiw the above-named defendant(s), pursuant to Pa.R C.P,D.J. No.4020, for failure of defendant(s) to appeal, within 30 days, a judgement entered July 29, 1998 against the above-named defendant(s) before District Justice David P. Perkins, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 4,548.31 Post Judgment Interest (from July 29, 1998 to May 14, 1999 at 6% per annum) 220.52 Court Costs Total $4,768.83 Dated: May 14, 1999 AMATO AND ASSOCIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 981217 COMMONWEALTH OF PENNSYLVANIA IiVUN I Y UI-: vva7naSa?aatuvu Map, DIV. No.: 09-3-01 DJ Name: Hon. DAVID P. PERKINS Address: 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBIIRG, PA Telephone: (717) 532-7676 17257-0361 NMTC, INC D/B/A MATCO TOOLS PO BOX 1111 C/O RONALD AMATO, ESQ ALLENTOWN, PA 18105 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ rNMTC, INC D/B/A MATCO TOOLS PO BOX 1111 C/O RONALD AMATO, ESQ LALLENTOWN, PA 18105 J VS. DEFENDANT: NAME and ADDRESS [RHOADS, JASON 1129 MOUNTAIN RD NEWBURG, PA 17240 -l L J DocketNo.: CV-0000111-98 Date Filed: 7/07/98 ® Judgment was entered for: (Name) NwC INC n/A MATrn mnnr a F Judgment was entered against: (Name) RHOAns, lTASQN in the amount of $ 4.,94R _ 11 on: (Date of Judgment) 7/9a41CIR ? Defendants are jointly and severally liable. Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to AltachmenVAct 5 of 1996 $__ 11 Levy is stayed for days or ? generally stayed. 11 Objection to levy has been filed and hearing will be held: 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 MUST INCLUDE A COPY OF'\Rt9 a OTICEE O?F JUDGMENTTITTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. !I.29- 706- Date Jkv CIA , District Justice I certify that this is a true n ect copy of the record of the proceedings containing the judgment. 0 Dale V ` 6 District Justice My commission expires first Monday of January, o;IMd. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total SEAL ... AOPC 37599 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff No. Vs. JASON RHOADS CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: c/o Ronald Amato, Esquire PO Box 1111 Allentown PA 18105 I do certify that the precise last known address of the within named defendant is: 1129 Mountain Road NEWBURG PA 17240 AMATO AND ASSOCIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 NMTC, INC. d/b/e MATCO TOOLS Plaintiff No. VS. JASON RHOADS CIVIL ACTION Defendant(s) 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 Jason Rhoads is over 18 years of age, resides at 1129 Mountain Road, NEWBURG PA 17240 and is employed 0D?lt+?X19 / /A.D. ny- NOWEi J001 A NEMEM NOTJJ!I PtlBIR' MOVER TN. NORTHAMPTON a W COMMIZON fid am 17.7000 Sworn to and subscribed before me this Nlay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff No. VS. JASON RHOADS CIVIL ACTION Defendant 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 11999. () 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: / Zace If you have any questions concerning the above, please co+nersigne AMATO AND ASSOCIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866.0400 I • I 1 l k _ I ,V^ n C? ? J V .``N\Y{11 C? a 3 ? W U ? u? U ¢ w f LL 6 O p ? ? I o Q ? ? LL C Z •? m r XN KIIY •Ib M110•K1i1 ?('•N !4110 lW YN!N MI IYN(y.AYNY11Ni .11Y1, 11Y W, MIII\iNd I ", II u11Y 11. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff VS. JASON RHOADS Defendant(s) No. 99-3166 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 JASON RHOADS, 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 $ 4,768.83 '? Statutory Interest From May 25, 1999 $ Less Payment $ Costs $ Poundage $ Total $ 4,768.83 Date:Mav 26, 1999 Attorney File: 981217 AMATO AND CIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff No. 99-3166 VS. JASON RHOADS WRIT OF EXECUTION (MONEY JUDGMENTS) Defendant(s) WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and cost against JASON RHOADS, 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 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 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 $ 4,768.83 Statutory Interest From May 25, 1999 $ Less Payments $ Costs $ Poundage $ Total $ 4,768.83 plus add'I costs $ DATED (SEAL) Prothonotary - Cumberland County Court of Common Pleas, Cumberland County By Attorney File#: 981217 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff Vs. JASON RHOADS Defendant(s) No. 99.3166 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: 1129 Mountain Road NEVVBURG PA 17240 Dated:Mav 26. 1999 AMATO AND ASSOCIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:981217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff : No. 99-3166 VS. JASON RHOADS CIVIL ACTION Defendant(s) 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. AMATO AND ASSOCIATES, P.C. By: Dated:May 26, 1999 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #: 981217 IN THE,000RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff : No. 99-3166 VS. JASON RHOADS CIVIL ACTION Defendant 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 PAGE. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: (1) FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING (2) 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 1717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NMTC, INC. d/b/a MATCO TOOLS Plaintiff VS. No. 99-3166 JASON RHOADS CIVIL ACTION Defendant(s) To the Sheriff: CLAIM FOR EXEMPTION 1, 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 $300 statutory exemption: _ in cash; _ in kind(specify property): (b) Social Security benefits on deposit in the amount of S ; (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. 4 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 Date: May 26, 1999 ORDER FOR SERVICE Term No. 99-3166 ALL INFORMATION AND ADVANCE COSTS MUST BE SUPPLIED BY ATTORNEY BEFORE SERVICE CAN BE MADE. One "Order for Service" form for each address. To: Sheriff Tom Kline Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 Case Caption: NMTC, INC. d/b/a MATCO TOOLS Plaintiff VS. JASON RHOADS Defendant(s) Deposit $ __150.00 Service to be made on: JASON RHOADS From: Ronald Amato, Esq. P.O. Box 1111 Allentown, PA 18105 (610) 866-0400 Type of Paper: Writ of Execution Complaint in Summons in Other Address where service can be made: 1129 Mountain Road NEWBURG PA 17240 Special Instructions: [i.e. deputized service (within PA only - specify county), certified mail, etc.] INCLUDE SELF-ADDRESSED STAMPED ENVELOPE FOR MAILING OF RECEIPT AFTER SERVICE IS COMPLETED. Attorney File#: 981217 U 7 6 ,j il. l y 1 ! i. tt ?? U (T <J ^ ? ( ?1 ? 11 M? 1V ?(1 U a 3 m W U ? v W U1 ¢ 1L a O 3 a $il o e O ? al 2 a ? m 14 .0006 4M hi/4•In.10•lYICVO• N 10,10 O4 NYOY T/i'T'V W YNY314? C Y1611? N 4O,wm Y'lY9.I11",F 11.