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Home My WebLink About03-6431THE SENTINEL, Plaintiff SCOTT'S LAWN & GARDEN EQUIPMENT a,d SCOTT NELSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 CIVIL ACTION (PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (1) (2) (3) (4) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: Against Scott's Lawn & Garden Equipment and Scott Nelson, Defendants: And against N/A , Garnishee(s): And index this writ (A) Against Scott's Lawn & Garden Equipment at,d Coott N~lsot,, Defendants (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 Defendants, Scott's Lawn & Garden Equipment and Scott Nelson, 75 Red Tank Road, Boiling Springs, Pennsylvania 17007. (5) Amount due $ 642.24 Interest from 1/13/03 to 12/08/03 $ 36.30 @ 6% Total $ 678.54 Plus All Costs in Offices Of Prothonotary & Sheriff Mellssa K.'Dlvely, E, squire Attorney for Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), thc 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 SCOTT'S LAWN & GARDEN EQUIPMENT and SCOTT NELSON, Defendants : 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 SCOTT'S LAWN & GARDEN EQUIPMENT and SCOTT NELSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVEL 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 THESHERIFF: 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 [ ] III. 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 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6431 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 SCOTT'S LAWN & GARDEN EQUIPMENT AND SCOTT NELSON, 75 RED TANK ROAD, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANTS, SCOTT'S LAWN & GARDEN EQUIPMENT AND SCOTT NELSON, 75 RED TANK ROAD, BOILING SPRINGS, PA 17007. (2) You are also directed to aitach 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 defendam (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 $642.24 L.L. $.50 Interest FROM 1/13/03 TO 12/8/03 ~ 6% - $36.30 Atty's Comm % Due Prothy Atty Paid $36.75 Other Costs Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) $1.00 CURTIS R. LONG Prothonotary ~...~B¥: ~ 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: 717-263-0663 Supreme Court ID No. 36780 Deputy THE SENTINEL, Plaintiff SCOTT'S LAWN & GARDEN EQUIPMENT end SCOTT NELSON Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. ~2~ ~/.,,,/~/~ ! 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 Defendants, SCOTT'S LAWN & GARDEN EQUIPMENT and gCOTT NIgLSON, for the amount of $642.24 in the above-captioned matter. Date: December ~, 2003 Respectfully Submitted, Salzmann, Hughes & Fishman, P.C. Melissa K. Dively,~Esquire Attorney ID No. 36780 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 THE SENTINEL, Plaintiff vi. SCOTT'S LAWN & GARDEN EQUIPMENT and SCOTT NELSON- Defendants : 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 Defendants, Scott's Lawn & Garden Equipment,and Scott Nolson, have not appealed the verdict entered against them by District Justice Paula P. Correal on January 13, 2003. Sworn to and subsqribed to Before me this ~tta day of December, 2003. Melissa K. Dively, Esquire Attorney ID No. 36780 Notarial Seal Laurie J, Porter, Notary Public Chambersburg Boro Frank n County My Commiss on Expires Nov. 22, 2004 Member, Pen~sy/va~ia Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist NO: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Ad0r. ss: 1 cOURTHOUSE SQUARE CArLiSLE. PA T~t~o,e: (717) 240-6564 17013' 0000 THE SENTINAL - ATT: 457 E NORTH STREET CARLISLE. PA 17013 SHERRY CLIFFOP. D NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME a~0 ADDRESS FTHE SENTINEL - ATT: SHERRY CLIFFOR~ 457 E NORTH STREET CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS ~COTT'S LAWN & GARDEN EQUIPMENT ~ %ScOTT NELSON 75 RED TANK ROAD ~OILING SPRINGS, PA 17007 ~ DocketNo.: C~r-0000497-021 ~ Date Filed: 11/26/02 T~,IS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: FOR PT.AINTTFF (Name) Judgment was entered against: (Name) in the amount of $ ~;49.. 9.4 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmentJ42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ THE ~ENTT'I~TET. - A~-~HRR~Y ~T.TF SC~TT'~ T,AWN & ~ARDRN RQUIPMRN'P (Date of Judgment) 1/1~/ot (Date & Time) Amount of Judgment $ 556.94 Judgment Costs $ 85.30 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 642.2~ Post Judgment Credits $ Post 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 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 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 SY THE DISTRt(;T 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 DESTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,,13,03_ Date d.~.~.~ .~¢¢~ j~~,~, ,-~ , District Justice I certify that this is a true a~;m~rrm~t copy. of th. ed¢~t of~ro_ceedings cozening the judgment. 1/13/03 Date (.~4,~--~ ~j~~.~ , District Justice My commission expires first Monday of January, 2006 . SEAL ? AOPC315-03 DATE PRINTED: 12/08/03 1:29:32 PM - 5 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 12.85 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.72 Misc. Surcharge 20.00 Levy Post Pone Sale Garnishee TOTAL $ 56.07 Sworn and Subscribed to before me this ,~g day ofQ-?,~.~7 200~A.D. ('---jly~,,.. t'r~ PROTHONOTARY' Pd by Defendant So Answers; By, Claudia A. Brewbaker ATTORNEY Melissa Dively WRIT NO. 2003-6431 Civil The Sentinel Scott's Lawn & Garden Equipment Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary DISTRIBUTION $ 642.24 36.30 36.75 $ 18.00 12.85 .50 1.00 3.72 20.00 715.29 150.00 1.50 $ 715.29 $ 56.07 $ 771.36 150.00 $ 921.36 R. Thomas Kline, Sheriff THE SENTINEL, Plaintiff SCOTT'S LAWN & GARDEN EQUIPMENT and SCOTT NELSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6431 CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and discontinued against the Defendants, Scott's Lawn & Garden Equipment and Scott Nelson, which was filed on December 11, 2003. Respectfully submitted, Salzmann, Hughes & Fishman, P.C. February 2, 2004 BY.'~'~~ ~ Date: Melissa K. Direly, E~qu'r-i'~ Attorney ID No. 36780 Counsel for Plaintiff, The Sentinel 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE i~ i!~~ I hereby certify that on the 2"a day of February, 2004, I served a true and correct copy of the i! within Praecipe to Satisfy Judgment via United States Mail, First Class, postage prepaid addressed as follows: Scott's Lawn & Garden Equipment 75 Red Tank Road Boiling Springs, PA 17007 Scott Nelson 75 Red Tank Road Boiling Springs, PA 17007 Salzmann, Hughes & Fishman, P.C. Melissa K. Dively, Esquire 5 Counsel for Plaintiff