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HomeMy WebLinkAbout03-6429THE SENTINEL, Plaintiff KELLO FAMILY CLEANERS & TAILORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C_253 --~'~7 CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Melissa K. Dively, Esquire of Salzmann, Hughes & Fishman, P.C., on behalf of Plaintiff and enter judgment against the Defendant, KELLO FAMILY CLEANERS AND TAILORS, for the amount of $237.13 in the above-captioned matter. Respectfully Submitted, Salzmann, Hughes & Fishman, P.C. Date: December~._, 2003 By: ~'~,~ Melissa K. D'~vely, Esquire Attorney ID No. 36780 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 THE SENTINEL, Plaintiff vi. KELLO FAMILY CLEANERS & TAILORS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Kello Family Cleaners & Tailors, have not appealed the verdict entered against it by District Justice Paula P. Correal on December 9, 2002. Sworn to and su~,bs, c,~ibed to Before me this ~-:~Xday of December, 2003. ~viefissa K. D~ve~y, esquire Attorney 112} No. 36780 Notarial Seal Laurie J. Porter, Notary Public Chambersburg Bore Franklin County My Comm ss on Expires Nov. 22, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAUL& P. CORREAL Address: i COURTHOUSE SQUARE CARLISLE, PA (717) 240-6564 17013-0000 THE SENTINEL 457 EAST NORTH STREET CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE. PLAINTIFF: NAMEandADDRESS FTHE SENTINEL 457 EAST NORTH STREET CARLISLE, PA 17013 VS. DEFENDANT: NAMEandADDRESS FKELLO FAMILY CLEANERS & TAILORS 5258-A SIMPSON FERRY ROAD NECHANICSBURG, PA 17055 Docket No.: CV- 0000449- 02 Date F ed: 10/18/02 THIS IS TO NOTIFY YOU THAT: , Judgment! ;: , ,: ~ Judgment was entered for: (Name) ~-~ Judgment was against: (Name) entered in the amount of $ 247.1~ on: ---]Defendants are jointly and severally liable. ~ Damages will be assessed on: [--~ This case dismissed without prejudice. ~-j Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical [~ damages arising out of residential lease $ _ (Date of Judgment) 12/09/02 (Date & Time) Amount of Judgment $ 171.00 Judgment Costs $ 66.13 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 237 o 13 Post Judgment Credits $ Pest 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 O~ 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 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 . SEAL AOPC315-03 DATE PRINTED: 12/08/03 1:30:09 PM THE SENTINEL, Plaintiff KELLO FAMILY CLEANERS & TAILORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ --{j,/~.,{~ CWIL ACTION (PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (2) Against Kello Family Cleaners & Tailors, Defendant: (3) And against N/A , Garnishee(s): (4) And index this writ (A) Against Kello Family Cleaners & Tailors, Defendant (B) Against N/A (Garnishee(s) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (specifically describe property) Any and all personal property of the Defendant, Kello Family Cleaners & Tailors, of 5258-A Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. (5) Amount due $ 237.13 Interest from 12/09/02 to 12/08/03 $ 14.60 @ 6% Total $ 251.73 Plus All Costs in Offices ~ ........ .~f Prothonotary & Sheriff Attorney for Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3014(b). Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). THE SENTINEL, Plaintiff KELLO FAMILy CLEANERS & TAILORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 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 $300.00. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following: (a) (b) Fill out the claim form and demand a prompt hearing. Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. This and any future communication from our debt collection firm are attempts to collect a debt and information obtained will be used for that purpose. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 THE SENTINEL, Plaintiff KELLO FAMILY CLEANERS & TAILORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) (2) (3) (4) (5) (6) (7) (8) $300.00 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation Social Security benefits Certain retirement funds and accounts Certain veteran and armed forces benefits Certain insurance proceeds Such other exemptions as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF: The above-named defendant claims 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 $300.00 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 [ ] IH. 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 $300.00 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6429 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From KELLO FAMILY CLEANERS & TAILORS, 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, KELLO FAMILY CLEANERS & TAILORS, OF 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fbllows: 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 $237.13 L.L. $.50 Interest FROM 12/9/02 TO 12/8/03 ~ 6% - $14.60 Atty's Comm % Due Prothy Atty Paid $36.75 Other Costs Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) CURTIS R. LONG Prothono~y Deputy $1.00 REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN, P.C 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 COMMONWEALTH OF PE~SYLVANIA) To satisfy the debt, interest ~d costs due THE S From ~LLO F~ILY CLE~ERS & TAILO~ MECH~ICSB~G, PA 17055 (1) You ~c directed to levy upon ~e prope~y of OF 5258-A SIMPSON FERRY RO~, MECH~I{ (2) You are also directed to aRach ~e prope~y of the of GARNISHEE(S) as follows: and to notify the garnishee(s) that: fa) 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. AmoumDue $237.13 L.L. $.50 Interest FROM 12/9/02 TO 12/8/03 ~ 6% - $14.60 Atty's Corem % Atty Paid $36.75 Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) DueProthy $1.00 Other Costs CURTIS R. LONG Pr°th°n°~3~. REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN, P.C 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLA/NTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 Deputy WRIT OF EXECUTION and/or A~ COMMONWEALTH OF PENNSYLVANIA) NO 03-6429 Civil COLrNTY OF CUMBERLAND) ,~. CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From KELLO FAMILY CLEANERS & TAILORS, 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, KELLO FAMILY CLEANERS & TAILORS, OF 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. (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 accotmt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) lfproperty 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 $237.13 L.L. $.50 Interest FROM 12/9/02 TO 12/8/03 ~ 6% - $14.60 Atty's Comrn % Due Prothy Atty Paid $36.75 Other Costs Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) CURTIS R. LONG Prothono~. Deputy $1.00 REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN~ P.C 455 PHOENIX DRIVE, SUITE A CHAMBER_SBURG~ PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 WRIT OF EXECUTION and/or A~TTACH.MENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6429 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From KELLO FAMILY CLEANERS & TAILORS, 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, KELLO FAMILY CLEANERS & TAILORS, OF 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendam(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 $237.13 L.L. $.50 Interest FROM 12/9/02 TO 12/8/03 ~ 6% - $14.60 Atty's Comm % Due Prothy AttyPaid $36.75 Other Costs Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) $1.00 CURTIS R. LONG erothono~.~ ~-~ Deputy REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZ1VIANN, HUGHES, & FISHMAN, P.C 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 TRUE COPY FROM RECORD T atll ny vl arr, el, i here unto sci my WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6429 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From KELLO FAMILY CLEANERS & TAILORS, 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, KELLO FAMILY CLEANERS & TAILORS, OF 5258-A SIMPSON FERRY ROAD, MECHANICSBURG, PA 17055. (2) You are also rhrected 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 lfim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $237.13 L.L. $.50 Interest FROM 12/9/02 TO 12/8/03 ~ 6% - $14.60 Atty's Comm % Due Prothy Atty Paid $36.75 Other Costs Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) $1,00 CURTIS R. LONG Prothonota~ Deputy REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN, P.C 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 THE SENTINEL, Plaintiff KELLO FAMILY CLEANERS & TAILORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6429 Civil Term CIVIL ACTION PRAECIPE TO SATISFY ,~UDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and discontinued against the Defendant, Kello Family Cleaners & Tailors, which was filed on December 11, 2003. Respectfullty submitted, ~~,s ~ Fishman, P.C. ~'~~ely, Esquire~ 9 Chambersburg, PA 17201 (717) 263.-2121 Date: ~ °~ 2004 CERTIFICATE OF SERVI(.~E i hereby certify that on the ~ ~_ day of~, 2004, Iserved a tme and c°rrect c°py °f the within Praecipe to Satisfy Judgment via United States Mail, First Class, postage prepaid addressed as follows: Kello Family Cleaners & Tailors c/o Paul Kello 5258-A Simpson Ferry Road Mechanicsburg, PA 17055; Saizmann, Hughes & Fishman, P.C.