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HomeMy WebLinkAbout08-2719q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . No. D'S - 61119 : CIVIL ACTION 0;?. Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the Carlisle Cement Products, Inc., vs. Bryan Rhinesmeith d/b/a Rhinesmith Masonry, following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 Carlisle Cement Products, Inc., vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OP- .2 7l 9 Gcvc l ??,.. Bryan Rhinesmeith d/b/a CIVIL ACTION Rhinesmith Masonry, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Bryan Rhinesmith d/b/a, Rhinesmith Masonry located at 1940 Landvarter Road, Hummelstown, Pennsylvania, (hereinafter referred to as "Defendant") 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiff's products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately July 2005 to approximately November 2005, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Nine Thousand, Six Hundred Thirty Five Dollars and Thirty Eight Cents ($9,635.38). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 14. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Nine Thousand, Six Hundred Thirty Five Dollars and Thirty-Eight Cents ($9,635.38) plus interest, attorney fees as allowed by law and costs of this action. Respectfully submitted, SALZMANN HUGHES, P.C. Date: ` Z :Me}issra_K. Div squire Attorney ID 0 79 St. Pa 've Cham urg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the staWments made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 19 Pa.C.S. Section 4904 relating to unworn falsification to authorities Date; Z 0 Y gy. Its: U- -14 (e wt r--( Ov-a t'u S EXHIBIT A Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: RHINESMITH MASONRY BRYAN RHINESMITH 1940 LANDVARTER ROAD HUMMELSTOWN, PA 17036 (717)805-4357 Transaction Account #: Page: Date: Time: Cashier: Register #: 'Sales Receipt 16386 1248 1 of 1 11/10/2005 1:41:02 PM DON 4 Ship To: RHINESMITH MASONRY BRYAN RHINESMITH 1940 LANDVARTER ROAD HUMMELSTOWN, PA 17036 (717)805-4357 Rep Item Lookup Code Description CCP000108 PALLET CCP RETURNED Thank you for shopping Carlisle Cement Products, Inc. Please come again! Quantity Price Extended -20 $10.50 ($210.00) Sub Total ($210.00) Sales Tax $0.00 Total ($210.00) Change Store Account $210.00 Previous Balance $7,930.61 New Balance $7,720.61 EXHIBIT B Carlisle Cement Products, In PO Box 617 Carlisle, PA 17013-0617 717-243-5323 RHINESMITH MASONRY BRYAN RHINESMITH 1940 LANDVARTER ROAD HUMMELSTOWN, PA 17036 Account Statement Account Number: 1248 Due Date: Net 30 Balance: $9,635.38 Minimum Payment: $0.00 Amount Enclosed: 1111111 II i II Ilii fll fl III I III I Please detach and enclose top portion with payment. Account Summary Summa Inry Information Account Number: 1248 Closing Date: Name: Due Date: RHINESMITH MASONRY BRYAN RHINESMITH 1940 LANDVARTER ROAD 3/25/2007 Net 30 HUMMELSTOWN, PA 17036 Previous Balance: $9,508.71 New Charges: $126.67 Credits / Payments: $0.00 New Balance: $9,635.38 Current 1 - 30 Da s 31 60 Da s - $401.23 -$129.98 $132 39?--?1$126_D31?--?0$8,845.,7 1 B-$9,6 35.38e Account Activity s Date Account Activity, 3/25/2007 Finance Charge -- Finance Charge #25239 $126.67 Account Number: 1248 Page 1 of 1 -60L f?_ 3 l1 c_.? c r? -TI (7 ^r' , (-) co I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS INC VS RHINESMITH BRYAN D/B/A RHINESM R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RHINESMITH BRYAN D/B/A RHINESMITH MASONRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 7th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers Docketing 18.00 -% Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County Postage 1.55 7 5 . 8 0 05/07/2008 SALZMANN HUGHES Sworn and subscribe to before me this day of A. D. • ` i In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Cement Products Inc vs. Bryan Rhinesmith d/b/a No. 08-2719 civil Rhinesmith Masonry Now, April 29 , 2008 , I. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 So answers, the contents thereof. Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (pilitt of the'sherw Mar Jane er William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CARLISLE CEMENT PRODUCTS, INC. VS BRYAN RHINESMITH DB/A RHINESMITH MASONRY Sheriff s Return No. 2008-T-0936 OTHER COUNTY NO. 08-2719 And now: MAY 5, 2008- at 9:22:00 AM served the within COMPLAINT upon BRYAN RHINESMITH DB/A RHINESMITH MASONRY by personally handing to BRYAN RHINESMITH DB/A RHINESMITH MASONRY 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1940 LADVARTER ROAD HUMMELSTOWN PA 17036 Sworn and subscribed to before me this 5TH day of May, 2008 A7? NOTARIAL SEAL RY JANE SNYDER, Notary Publi Hiire, Dauphin County M Commission Expires Sept I 2010 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Deputy: KIMBERLY BARTO Sheriffs Costs: $37.25 5/1/2008 Carlisle Cement Products, Inc., VS. Plaintiff Bryan Rhinesmeith d/b/a Rhinesmith Masonry, Defendant DATE OF NOTICE: -4// /0 2 TO: Bryan Rhinesmith D/b/a Rhinesmith Masonry 1940 Ladvarter Road Hummelstown, PA 17036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 -93W oZ?IQ : CIVIL ACTION JURY TRIAL DEMANDED NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Laywer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES, P.C. By ?. Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE ?99k I hereby certify that on the -V-- day of August 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Bryan Rhinesmith D/b/a Rhinesmith Masonry 1940 Ladvarter Road Hummelstown, PA 17036 By Salzmann Hughes, P.C. ?; .? ???. c T_ j Carlisle Cement Products, Inc., VS. Bryan Rhinesmeith d/b/a Rhinesmith Masonry, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01,719 No. 2008 : CIVIL ACTION : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Bryan Rhinesmith, d/b/a Rhinesmith Masonry in the amount of Nine Thousand, Six Hundred Thirty Five Dollars and Thirty Eight Cents ($9,635.38) plus interests and costs. Date: Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on thef"day of August 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Bryan Rhinesmith D/b/a Rhinesmith Masonry 1940 Ladvarter Road Hummelstown, PA 17036 Salzmann Hughes, P.C. By: elissa K. squire Carlisle Cement Products, Inc., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff VS. Bryan Rhinesmeith d/b/a Rhinesmith Masonry, Defendant DATE OF NOTICE: TO: Bryan Rhinesmith D/b/a Rhinesmith Masonry 1940 Ladvarter Road Hummelstown, PA 17036 : No. 2008 936 : CIVIL ACTION '; C J JURY TRIAL DEMANDED ??-- ra NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Laywer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES, P.C. By -4 _A4efissI K. Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff O 13 U? D ewe '? -cs,' ?, cz= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CARLISLE CEMENT PRODUCTS, INC. _ Confessed Judgment Plaintiff X Other V. File No. 08-2719 Amount Due $9,635.38 BRYAN RHINESMITH, d/b/a Interest $ RHINESMITH MASONARY Atty's Comm $ Defendants Costs $ TO THE PROTHONOTARY OF THE SAID COURT: 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 Dauphin County, for debt, interest and costs, upon the following described property of the defendant(s): AM and all personal property located at 1940 Ladvarter Road, Hummelstown, PA, Dauphin County, Pennsylvania, 17036. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Dauphin County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendants, Bryan Rhinesmith, d/b/a Rhinesmith Masonry. Date c( /--),D JQP SAL N U- HES, P.C. ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff C " C Ilk ?w v v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CARLISLE CEMENT PRODUCTS, INC. No: 2008-2719 Plaintiff V. CIVIL ACTION BRYAN RHINESMITH, d/b/a RHINESMITH MASONARY 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 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) Fill out the claim form and demand a prompt hearing. (b) 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, PA 17013 Telephone No. (717) 249-3166 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CARLISLE CEMENT PRODUCTS, INC. Plaintiff V. BRYAN RHINESMITH, d/b/a RHINESMITH MASONARY Defendant 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 CLAIM FOR EXEMPTION TO THE SHERIFF: 1. 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: [ J 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 [ 1 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: [ J in cash; [ J 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 No: 2008-2719 CIVIL ACTION 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 DAUPHIN COUNTY. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2719 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due Carlisle Cement Products, Inc. Plaintiff (s) From Bryan Rhinesmith d/b/a Rhinesmith Masonary (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at 1940 Ladvarter Road, Hummelstown, PA, Dauphin County, Pennsylvania 17036. (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 $9,635.38 L.L.$.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $194.80 Other Costs Plaintiff Paid Date: September 24, 2008 #s/ ILA le. .,&°!_ Curtis R. Long, Prothonotary,r (Seal) By: eputy REQUESTING PARTY: Name Melissa K. Dively, Esq. Address: 79 St. Paul Drive Chambersburg, PA 17201 Attorney for: Plaintiff Telephone: (717) 263-2121 Supreme Court ID No. 36780 Carlisle Cement Products, Inc., vs. Bryan Rhinesmeith d/b/a Rhinesmith Masonry, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 -=All (q Plaintiff Defendant CIVIL ACTION : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: ? cr 1 i.. f_ `5C o Q C) AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire, of Salzmann Hughes, P.C., who praecipes the Prothonotary of Cumberland County as follows: 1. A Praecipe for Writ of Execution was filed in the above referenced matter on September 4, in the Office of the Prothonotary of Cumberland County, Pennsylvania at the above docket number. 2. The Writ of Execution was forwarded to the Dauphin County Sheriff for execution on or about October 14, 2008 and docketed to 2008-CV-13409 by the Dauphin County Prothonotary. 3. The parties attempted to negotiate a settlement but were unable to do so before the Writ of Execution expired. 4. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 3106 (d), a writ shall not be served nor shall a levy or attachment be made thereunder after the expiration of mnV A days from the date of issuance or reissuance. $10-00 P'A A7W P4d38t'Z WHEREFORE, the Plaintiff, Carlisle Cement Products, Inc. respectfully requests the Prothonotary to reissue the Writ in the above captioned action. Respectfully submitted, Date: 1-7 to _ By: c.: SALZMANN HUGHES, P.C. Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff REISSUED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2719 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due Carlisle Cement Products, Inc. Plaintiff (s) From Bryan Rhinesmith d/b/a Rhinesmith Masonary (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at 1940 Ladvarter Road, Hummelstown, PA, Dauphin County, Pennsylvania 17036. (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 $9,63538 Interest L.L.S.50 Atty's Comm % A.tty Paid $194.80 Plaintiff Paid Date; September 24, 2008 (Seal) REQUESTING PARTY: Name Melissa K. Dively, Esq. Address: 79 St. Paul Drive Chambersburg, PA 17201 -Attorney for: Plaintiff Due Prothy $2.00 Other Costs 4111 4" ct,t? "e. 0" Gnu isis R. Long, Prothonotary By: 6eputy Telephone: (717) 263-2121 Supreme Court ID No. 36780 ~, 3 ?? ? O_ ?? ? O Personal Property FACE SHEET File # Case Number Document Type 2008 -CV -13409 -NT WRIT OF EXECUTION & ATTACHMENTS Bankruptcy Case Number Received From: County Date Received: 3/16/2010 Date Expires: 6/9/2010 PEOPLE ASSOCIATED WITH THE CASE Primary Defendant(s) Name: BRYAN RHINESMITH DOB: Current Physical Address: 1940 LADVARTER ROAD HUMMELSTOWN, PA 17036 Defendant(s) Name: Address: D/B/A RHINESMITH MASONARY DOB: 1940 LADVARTER ROAD HUMMELSTOWN, PA 17036 Primary Plaintiff(s) Name: CARLISLE CEMENT PRODUCTS, INC. DOB: Attorney: MELISSA K DIVELY Attorney Phone: 717-263-2121 Attorney Address: 455 PHOENIX DRIVE SUITE A CHAMBERSBURG, PA 17201 PERSONAL PROPERTY INFORMATION Monies Levied: Date of Levy: District Justice: COMMENTS AND NOW 3/17/2010 SENT LEVY OUT WITH DEPUTIES Date of Sale: AND NOW 3/23/2010 DEP GM COMPLETED LEVY SENT COMPLETED LEVY SHEET TO ATTY WRIT IN LEVY FILE 9/6/2011 RETURNED WRIT ABANDONMENT OF LEVY SENT REFUND TO ATTY AND RETURNED WRIT Cash Accounting Amount Date Added Category ID $200.00 3/17/2010 Deposit Agency 356133 ($20.00) 9/6/2011 State Fee 408843 ($67.00) 9/6/2011 Sheriff Costs 408844 ($1.34) 9/6/2011 Poundage 408845 ($111.66) 9/6/2011 Refund to Atty/Pltf 408846 Total Number of Rows: 5 Balance Due: $0.00 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Qfice of the Sheriff BRYAN RHINESMITH D/B/A RHINESMITH MASONARY 1940 LADVARTER ROAD HUMMELSTOWN, PA 17036 Dear MELISSA K. DIVELY, ESQ. Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 J.R. Lotwick Sheriff March 24, 2010 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy RE: WRIT OF EXECUTION NO. 2008 -CV - 13409 The above Writ of Execution was served on March 23, 2010, at which time a levy was made. After 20 days from the above date and upon your request in writing, the property will be posted for sale. If this writ is not returned SATISFIED, STAYED in this office, or a sale scheduled (at your request) within 6 months from the date of service, this writ will be returned ABANDONED. The Sheriffs cost as of today are $ THIS IS NOT A BILL Siinncerreely, J.R. Lotwick Sheriff of Dauphin County Carlisle Cement Products, Inc., vs. Bryan Rhinesmith d/b/a Rhinesmith Masonry, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2008 —2719 : CIVIL ACTION : JURY TRIAL DEMANDED PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE CASE Please mark the above -captioned matter settled, satisfied and discontinued against Defendant Bryan Rhinesmith d/b/a Rhinesmith Masonry in the above referenced matter. B Respectfully submitted, rr cr, SALZMANN HUGHES, P.C. C r Wise squire Attorney ID# 20 65 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff crt CERTIFICATE OF SERVICE I hereby certify that on the day of April 2014, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Bryan Rhinesmith D/b/a Rhinesmith Masonry 1940 Landvarter Road Hummelstown, PA 17036 By: Salzmann Hughes, P.C.