HomeMy WebLinkAbout08-1920COMMONWEALTH OF PENNSYLVANIA
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Mag. Dist. No.:
09-3-04
MDJ Name: Hon.
THOMAS A. PLACBY
Address: 104 S SPORTING HILL RD
NBCHAMICSBURG, PA
Telephone: (717 ) 761-8230 17050
AAYUSH AGARNAL
711 WZRTZVILLB ROAD
ENOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
FOR PLAINTIFF
Judgment:
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NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rAGARNAL, AAYUSH
711 WBRTZVILLS ROAD
KOLA, PA 17025
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VS. ,
DEFENDANT: NAME and ADDRESS
rPATEL, HSTUL
6 EARL STREET
BOILING SPRINGS, PA 17007
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Docket No.: CV-0000594-07
Date Filed: 9/06/07
(Date of Judgment) 2/19/08
® Judgment was entered for: (Name) AGAROPAL, AAYUSH
® Judgment was entered against: (Name) PATBL, HBTUL
3 227 5
in the amount of $ '
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
1-1 This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F] Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 3,000.00
Judgment Costs $ 87.50
Interest on Judgment $ 14
Attorney Fees $-? • 0
Total $ 3,227.50
Post Judgment Credits $--_--------I
Post Judgment Costs $
I 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT. HOLDER ELECTS -TO ENTER T44E JUDGMENT F-GOMMON-PLEAS,-ALL FURTHER PROCESS-MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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17 Date Magisterial District Judge
I certify that this is a true an jCcoffecrro'py o the record of the p edings containing the judgment.
DO ate M , Magisterial District Judge
My commission expires first Monday of January, 2010 SEAL
AOPC 315-07
DATE PRINTED: 2/19/08 12:39:00 PM
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THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: J
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Amount Due _' 2- 2 :7_ S CD
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TO THE PROT?OTARY 041'H E SAID COURT:
Interest
Atty's Comm
Costs
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 OCAM 60, 1'4"n?p
for debt, interest nd costs, upon the following described property of the defendant(s) County,
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PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of (..m ?" Imo. '_0 County, for debt,
costs, as above, directing attachment against the above-named garnishee(s) for the following pr interest and
estate, supply six copies of the description; supply four copies of length property (if real
y 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 es
defendant(s) described in the attached exhibit. estate of the
Date_ Signature: .
Print Name:
Address: ?] t ( wP r f I (P !Z (?
Attorney for: ---
Telephone: C I ?? cl z(. G t
Supreme Court ID No.:
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%;p '. A WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1920 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AAYUSH AGARWAL, Plaintiff (s)
From HETUL PATEL, 6 EARL ST., BOILING SPRINGS, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell CAR - BLACK NISSAN
(I BELIEVE ALTIMA) LICENSE PLATE UNKNOWN - CAR - GVD-3246 HONDA CIVIC -
LARGE SCREEN LCD TV AND ANY AND ALL FURNITURE.
(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 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 $3,227.50
Interest $100.00
Atty's Comm %
Atty Paid
Plaintiff Paid $51.25
Date: MAY 19, 2008
(Seal)
REQUESTING PARTY:
Name AAYUSH AGARWAL
Address: 711 WERTZVILLE ROAD
ENOLA, PA 17025
Attorney for:
Telephone: 717-599-2661
Supreme Court ID No.
L.L.
Due Prothy $2.00
Other Costs
Curti R. Long, P onotary
By:
Deputy
P117
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David A. Fitzsimons, Esquire
I.D. No. 41722
Seth T. Mosebey, Esquire
I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Hetul Patel
AAYUSH AGARWAL,
Respondent,
v.
14ETUL PATEL,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1920
CIVIL ACTION - LAW
PETITION FOR STAY OF EXECUTION
Pursuant to Pa.R.C.P. No. 3121, Hetul Patel, by and through his attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby petitions for a stay of execution
and in support thereof state as follows:
1. Aayush Agarwal ("Respondent") is an adult individual residing at 711 Wertzville
Road, Enola, Pennsylvania.
2. Hetul Patel ("Petitioner") is an adult individual who resides with his uncle at 6 Earl
Street, Boiling Springs, Pennsylvania.
3. Respondent filed an action against Petitioner arising out of a partnership dispute.
4. Respondent obtained a judgment against Petitioner in the amount of $3,227.50.
5. On June 9, 2008, the Sheriff of Cumberland County served a Writ of Execution on
Petitioner at his uncle's residence.
6. In order to satisfy the judgment against Petitioner, the Writ of Execution directs the
Sheriff to levy upon and sell the following property: black Nissan, Honda Civic, large screen LCD
television and furniture. A copy of the Writ of Execution is attached hereto and incorporated as
Exhibit "A."
7. Petitioner does not own any of the property listed in the Writ of Execution.
8. Instead, the Honda Civic, large screen LCD television and furniture are all owned by
Petitioner's uncle.
9. The black Nissan is owned by Petitioner's father.
10. Because the property upon which the Sheriff has been directed to levy and sell is not
owned by Petitioner, the execution should be stayed.
11. No Judge has previously ruled on any issue in this matter.
WHEREFORE, Hetul Patel respectfully requests that this Honorable Court indefinitely stay
the execution of the property set forth in the Writ of Execution.
MARTSON LAW OFFICES
By -- J
David A. Fitzsimons, squire
I.D. No. 41722
Seth T. Mosebey, Esquire
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 61,3 0/ 0 K Attorneys for Petitioner Hetul Patel
EXHIBIT A
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-1920 Civil
COLNTY Or CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY: f
To satisfy the debt, interest and costs due AAYUSH AGARWAL, Plaintiff (s)
From HETUL PATE06 EARL ST., BOILING SPRINGS, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell CAR - BLACK NISSAN
(I BELIEVE ALTIMA) LICENSE PLATE UNKNOWN - CAR - GVD-3246 HONDA CIVIC -
LARGE SCREEN LCD TV AND ANY AND ALL FURNITURE.
(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
paving 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 gamishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,227.50 L.L.
Interest $100.00
Atty's Comm % Due Prothy $2.00
Arty Paid Other Costs
Plaintiff Paid 551.25 '.
Date: MAY 19, 2008
(Seat)
12
Curti Long, P otary
By:
Deputy
REQUESTING PARTY:
Name AAYUSH AGARWAL
Address: 711 WERTZVILLE ROAD
ENOLA. PA 17025
Attorney for:
Telephone: 717-599-2661
Supreme Court ID No.
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VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my
own. I have read the document and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unswom falsification to authorities, which provides that if I make knowingly
false averments, I may be subject to criminal penalties.
Hetul tel
F:*ILF.WI@Ml%11071 AueKI3071 t.pal,wpd
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Ott o Gilroy & Faller
hereby certify that a copy of the foregoing Petition for Stay of Execution was served this '
depositing same in the Post Office at Carlisle, PA, first class mail date by
follows: , postage prepaid, addressed as
Aayush Agarwal
711 Wertzville Road
Enola, PA 17025
MARTSON LAW OFFICES
By
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A-Rid 71,
M Price
Ten E t High Street
/ Carlisle, PA 17013
Dated: e /30/00d (717) 243-3341
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AAYUSH AGARWAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
HETUL PATEL,
Defendant NO. 08-1920 CIVIL
ORDER OF COURT
AND NOW, this 8th day of July, 2008, upon consideration of the Petition for Stay
of Execution filed by Defendant,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the Plaintiff, Aayush Agarwal, to show cause why the
Defendant is not entitled to the relief requested;
2. The Plaintiff shall file an answer on or before July 28, 2008;
3. The Prothonotary's Office shall forward said answer to this Court.
4. A hearing shall be held on Friday, August 22, 2008, at 11:00 a.m. in
Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA.
5. Pending further Order of Court the Writ of Execution previously issued in this
case is STAYED.
By the Court,
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M. L. Ebert, Jr., J
/ayush Agarwal, Plaintiff
711 Wertzville Road
Enola, PA 17025
David A. Fitzsimons, Esquire
th T. Mosebey, Esquire
Attorney for Defendant
Cumberland County Sheriff- ?j
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APPEAL TO THE ORDER OF COURT
Court Case Number 08-1920 CIVIL
AAYUSH AGARWAL
Plaintiff
HETULPATEL
Defendant
In reference to the issue of showing reason why the said Defendant is not entitled to the relief
requested in court case 08-1920 CIVIL, I would like to make light of the following issues.
1. 1 have already won the case at the District Justice level.
2. It is the responsibility of the Defendant, not the Plaintiff, to prove that the levied
merchandise/property is not owned by said Defendant.
3. It is the assumption after a levy has been made that all merchandise is owned by the Plaintiff,
which was expressively stated to me by the Sheriff of Cumberland County.
4. If the full amount cannot be made, I am willing to arrange for a payment schedule of $2200
down, and $300 monthly for the next 6 months, which should cover all interest accumulated
within this time period.
5. The defendant can go to a bank and get a loan for this amount if he does not have the funds
available.
6. The defendant stated that he had $40,000 dollars in the bank at the time leading up to the
District Justice trial, and I checked with M&T bank and he is a signer on that account. However, I
believe that it is his company and the funds are his as well. He can write me a check for the
amount and I will cash it immediately at the bank, which is a short walking distance from the
Courthouse.
7. 1 do not believe all the merchandise in the house where he is living belongs to his Uncle. This
man is a con artist and he is simply trying to avoid repayment.
8. The defendant stated that he would like this order of writ of execution to be stayed for an
indefinite amount of time. As i had stated previously, I am willing to pursue a payment plan
with the help of the Sheriff and court system, but I cannot simply stay this writ of execution for
an indefinite amount of time, as I have paid a great deal to process the writ of execution.
I hope that the previous 8 points are sufficient for the court to make a ruling, and 1 will bring them
with me to the hearing on the 22nd of August.
Thank You and God Bless
Aayush Agarwal (717)599-2661
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AAYUSH AGARWAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
HETUL PATEL,
Defendant NO. 08-1920 CIVIL TERM
IN RE: PETITION FOR STAY OF WRIT OF EXECUTION
ORDER OF COURT
AND NOW, this 22nd day of August, 2008, this being
the time and place set for a hearing in regard to a writ of
execution and attachment, the Court has determined that the
two vehicles in question are not titled in the name of the
Defendant, Hetul Patel, and therefore Plaintiff's request
for Writ of Execution must be denied. The Court does find
that the Defendant has not met his burden of proof with
regard to proving that he is not the owner of the other
furniture and large screen TV in question. Accordingly his
request to stay the Writ of Execution against this property
is denied.
Xayush Agarwal
711 Wertzville Road
Enola, PA 17025
th T. Mosebey, Esquire i
For the Defendant
Sheriff
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By the Court,
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M. L. Ebert, Jr.,
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Bad Check Charge
Postage
TOTAL $
18.00
64.55
10.00
2.00
18.00
20.00
20.00
15.00
.84
168.39 / / -1-1 "// 0 p
Pd by Defendant
So Answers;
R. Thomas Kline, Sh riff
BL Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1920 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AAYUSH AGARWAL, Plaintiff (s)
From HETUL PATEL, 6 EARL ST., BOILING SPRINGS, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell CAR - BLACK NISSAN
(I BELIEVE ALTIMA) LICENSE PLATE UNKNOWN - CAR - GVD-3246 HONDA CIVIC -
LARGE SCREEN LCD TV AND ANY AND ALL FURNITURE.
(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 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 $3,227.50
L.L.
Interest $100.00
Atty's Comm %
Atty Paid
Plaintiff Paid $51.25
Due Prothy $2.00
Other Costs
Date: MAY 19, 2008
(Seal)
Curtis R. Long, Pr nota
By:
Deputy
REQUESTING PARTY:
Name AAYUSH AGARWAL
Address: 711 WERTZVILLE ROAD
ENOLA, PA 17025
Attorney for:
Telephone: 717-599-2661
Supreme Court ID No.
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DISTRIBUTION
ATTY FOR PLTFF: Aayush Agarwal
WRIT NO. 2008-1920 Civil
Aayush Agarwal
-vs-
Hetul Patel
Real Debt $ 3227.50
Interest 100.00
Attorney's Comm.
Writ Costs, Atty 51.25
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 3378.75
Sheriff's Costs:
Docketing $ 18.00
Poundage 64.55
Posting Sale Bills
Law Library
Prothonotary 2.00
Service 18.00
Postage .84
Advertising 10.00
Postpone Sale 15.00
Bad Check Charge.
Surcharge 20.00
Garnishee
Levy 20.00
TOTAL $ 168.39
Defendant Paid to Sheriff $ 3547.14
Advance Costs 150.00
Total Collected $ 3497.14
DISTRIBUTION
Pd. To Pltff. $ 3378.75
Refund of Adv. Costs 150.00
Pd. To Prothonotary 2.00
I
R. Thomas Kline,
Sh ' f
By