HomeMy WebLinkAbout08-3675IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No. ?$ - 3(o'Y5 l??Vi( ??
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service :
Defendant
CIVIL ACTION
PRAECIPE FOR TRANSFER OF JUDGMENT
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment in favor of Plaintiff and against the above-named
defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal,
within 30 days, a judgement entered April 8, 2008 against the above-named defendant(s)
before District Justice Susan K. Day, as set forth in the transcript of judgment, which is
attached hereto. Assess damages as follows:
Judgment Amount 3,961.00
Post Judgment Interest
(from April 8, 2008 to June 10, 2008
at 6% per annum)
Payments
Total $3,961.00
Dated: 2008
AMATO AND ASSOCIATES, P.C.
By:
Wald Amato, Esq., Atty ID #32323
ichael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
2072223
oOMMONWEALTH OF PENNSYLVANIA
COUNTY OF• CUMBERLAND
Mag. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN K. DAY
Address: 229 KILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
--I In ? 1
NOTICE OF JUDGMENT/TRINSCRP?
CIVIL CASE
PLAINTIFF: NAME and ADDRES3 _
'YELLOW BOOR SALES & DISTRIBUTION ?
107 N COMMERCE WAY
C/O AMATO & ASSOCIATES
LBETHLEHEM, PA 18017 _1
VS.
DEFENDANT: NAME and ADDRESS
FKASEY DEJESUS DBA KASEYS AUCTION 1
408 N BALTIMORE AVE
MT HOLLY SPRINGS, PA 17065
YELLOW BOOK SALES & DISTRIBUTION L J
107 N COMMERCE NAY Docket No.: CV-0000070-08
,C/O AMATO & ASSOCIATES Date Filed: 2/26/08
BETHLEHEM, PA 18017a
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment)
4/08/08
® Judgment was entered for: (Name) YELLOW BOOK SALES & DISTRIBUTI
® Judgment was entered against: (Name) KASEY DEJESUS DBA KASEYS AUCTION
in the amnitnt of ? 31961.0
1-1 Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
This case dismissed without prejudice.
F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F1 Portion of Judgment for physical damages arising out of
residential lease $-
Amount of Judgment $ 3,867.50
Judgment Costs $ 3.50
Interest on Judgment $ 00
Attorney Fees $ .00
Total $ 3,961.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ 3,961.00
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 MAGISTERIAL DISTRICT JUDGES, 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 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.
4%AP'_0 4' Date
1 certify that this is a true correc opy of the
5-30-09 Date
My commission expires first Monday of January, 201
Magisterial District Judge
containing the judgment.
Magisterial District Judge
SEAL -?
AOPC 315-07
DATE PRINTED: 5/30/08 8:44:00 AM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No.
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service
CIVIL ACTION
Defendant
CERTIFICATION OF ADDRESSES
do certify that the precise last known address of the within named plaintiff is:
2004 Renaissance Blvd
KING OF PRSA,PA 19406
I do certify that the precise last known address of the within named defendant is:
408 North Baltimore Avenue
Mount Holly Springs PA 17065-1614
AMATO AND ASSOCIATES, P.C.
By:
ald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No.
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service
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 he is
unable to determine whether or not the above 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
Servicemembers Civil Relief Act;
That Kasey Dejesus is over 18 years of age, resides at 408 North Baltimore
Avenue, Mount Holly Springs PA 17065-1614 and is employed;
Sworn to and subscribed
before me this/T4fday
of _A,,,-.P_2008 A.D.
NOTARY PUBLI
TH OF PENNSYLVANIA
Nftow s
fiAiot*% C. Bra Mary Puboo
City Of AID, e, Lehigh
My Carrnnisam E?ires June 16, 201o
Member, Penntylvsnla Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No.
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service
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 $3,q(aI.oo ON jmw &o , 2008.
( ) 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:
If you have any questions concerning the above, please contact the undersigned.
AMATO AND ASSOCIATES, P.C.
By:
onald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC. CIVIL ACTION NO. 08-3675 Civil
Plaintiff
VS. Amount Due $ 3,961.00
Interest $ 116.08
KASEY DEJESUS d/b/a Kasey's Auction Payments $ 0.00
Service q011 N . 12W imcu Ave Costs $
M+ ?Defgnddritlsy , PA 17oc5-Itolq : Poundage $
Fulton Bank
Garnishee Total $ 4,077.08
599- N. fa'? s}
LEww4vle, PA r7py 3
To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND
ATTACHMENT IN THE ABOVE MATTER.
PRAECIPE WRIT OF EXECUTION
Issue a writ of execution in the above matter 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, electronic equipment, vehicles, any and all other personal
property belonging to the above-named defendant(s).
PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs,
as above, directing attachment against the above named garnishee(s) for the following
property: All property of the above-named defendant(s), including, without limitation, all
savings and checking accounts, certificates of deposit, money market accounts, deposits and
all debts and other property and/or obligations owing from the above-named garnishee to the
above named defendant(s), including but not limited to account #3623 13569, and any
account owned solely or in part by the above-named defendant(s), which are in the
possession, custody and/or control of said garnishee(s).
AMATO AND AS TES, P.C.
By:
Ronald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
Attorney File#: 2072223
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w ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service :
Defendant(s)
No. 08-3675 Civil
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:
408 North Baltimore Avenue
Mount Holly Springs PA 17065-1614
Dated: December 10, 2008
AMATO AND ASSOCIATES, P.C.
By:
onald Amato, sq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
Attorney File #: 2072223
U
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-3675 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due YELLOW BOOK SALES AND DISTRIBUTION
COMPANY, INC., Plaintiff (s)
From KASEY DEJESUS d/b/a KASEY'S AUCTION SERVICE, 408 N. Baltimore Ave., Mt. Holly
Springs, PA 17065-1614
(1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the
possession of the defendants, accounts receivables, furniture, furnishings, equipment, inventory,
tools, electronic equipment, vehicles, any and all other personal property belonging to the
above-named defendants..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
FULTON BANK, 599 N. 12`h Street, Lemoyne, PA 17043
All property of the above-named defendants, including, without limitation, all savings and checking
accounts, certificates of deposit, money market accounts, deposits and all debts and other property
and/or obligations owing from the above-named garnishee to the above named defendants, including
but not limited to account #3623 13569, and any account owned solely or in part by the above-named
defendants, which are in the possession, custody and/or control of said garnishee.
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 $3.961.00
Interest -- $116.08
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 12/17/08
L.L. $.50
Due Prothy $2.00
Other Costs
dleOZV?4L
C is R. Long otary
(Seal) By:
Deputy
REQUESTING PARTY:
Name JUSTIN N. DAVIS, ESQUIRE
Address: AMATO AND ASSOCIATES, PC
107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 84464
« IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No. 08-3675 Civil
VS.
KASEY DEJESUS d/b/a Kasey's Auction Service
CIVIL ACTION
Defendant(s)
Fulton Bank
Garnishee
INTERROGATORIES TO GARNISHEE
To: Fulton Bank, Garnishee
599 N. 12th Street, Lemoyne PA 17043
You are required to submit answers to the following interrogatories within twenty (20) days
after service upon you. Failure to do so may result in a judgment being entered against you:
1. At the time you were served or at any subsequent time did you owe the
defendant any money or were you liable to the defendant on any negotiable or other written
instrument, or did the defendant claim that you owed the defendant any money or were liable
to the defendant for any reason?
0
2. At the time you were served or at any subsequent time was there in your
possession, custody or control or in the joint possession, custody or control of yourself and
one or more other persons any property of any nature owned solely or in part by the
defendant?
3. At the time you were served or at any subsequent time did you hold legal title
to any property of any nature owned solely or in part by the defendant or in which defendant
held or claimed any interest?
4. At the time you were served or at any subsequent time did you hold as
fiduciary any property in which the defendant had an interest?
5. At any time before or after you were served did the defendant transfer or
deliver any property to you or to any person or place pursuant to your direction or consent
and if so what was th consideration therefor?
O
6. At any time after you were served did you pay, transfer or deliver any money
or property to the defendant or any person or place pursuant to the defendant's direction or
otherwise discharge any claim of the defendant against you?
7. If you are a bank or other financial institution, at the time you were served or
at any subsequent time did the defendant have funds on deposit in an account in which funds
are deposited electronically on a recurring basis and which are identified as being funds that
upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal
law? If so, identify each account and state the reason for the exemption, the amount being
withheld under each exemption and the entity electronically depositing those funds on a
recurring basis. /
8. If you are a bank or other financial institution, at the time you were served or
at any subsequent time did the defendant have funds on deposit in an account in which the
funds on deposit, not including any otherwise exempt funds, did not exceed the amount of
the general monetary exemption under 42 Pja.C.S.A. § 8123? If so, identify each account.
pv"
9. At any time before or after you were served, did the defendant, either solely
or in part, have any account (savings, checking, certificate of deposit, money market,
deposits or any other debt and/or property) [including but not limited to 3623 135691 with
your office? AD
10. If your answer to interrogatory #9 is in the affirmative, state:
A) the account number of each account;
B) the amount of money in each account.
AMATO AND ASSOCI , P.C.
By.
?-
Ro,p4ld Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
Attorney File#: 2072223
4r
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unswom falsifications to authorities, that he ,he is 'C?rRfsn?
(Name)
f?'Lt1lS?rYt. of , garnishee herein,
(Ti e) (Company)
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge,
information and belief.
(SIGNATURE)
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-03675 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
YELLOW BOOK SALES AND DIST
VS
DEJESUS KASEY ET AL
And now TIMOTHY REITZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0016:29 Hours, on the 8th day of January , 2009, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
DEJESUS KASEY D/B/A KASEYS
AUCTION SERVICE
hands, possession, or control of the within named Garnishee
FULTON BANK 599 N 12TH ST
, in the
LEMOYNE, PA 17043
Cumberland County, Pennsylvania, by handing to
JEWEL CANTON (ASST MANAGER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
and made
So ans s
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
nn
UU
01/20/2009
day of By
21,-
Dep ty Sheriff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
YELLOW BOOK SALES AND
DISTRIBUTION COMPANY, INC.
Plaintiff No. 08-3675 Civil
VS.
KASEY DEJESUS d/b/a Kasey's
Auction Service
CIVIL ACTION
Defendant(s)
Fulton Bank
Garnishee
PRAECIPE TO DISCONTINUE AGAINST GARNISHEE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please discontinue the above-captioned matter against Fulton Bank, Garnishee, ONLY,
without prejudice.
AMATO AND S CIATES .C.
By:
Ronal Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. Lessa, Esq., Atty ID #88617
Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
A DEBT COLLECTION LAW FIRM
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states i
this writ is returned STAYED, per request from attorney.
Sheriff's Costs: Advance Costs: 15 0 .00
Sheriff's Costs: -113.32
Docketing 18.00 3 .68
Poundage 2.22
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 03/31/09
Mileage 21.60
Surcharge 40.00
Levy 20.00
Certified Mail
Postpone Sale
Garnishee 9.00
Postage 8
TOTAL $ 113.32 V/
So Answers;
po"
R. homas Kline, Sh rif
By Sharon R. Lantz
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-" Address: AMATO AND ASSOCIATES, PC
107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 84464
r y
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-3675 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due YELLOW BOOK SALES AND DISTRIBUTION
COMPANY, INC., Plaintiff (s)
From KASEY DEJESUS d/b/a KASEY'S AUCTION SERVICE, 408 N. Baltim?re Ave., Mt. Holly
Springs, PA 17065-1614
(1) You are directed to levy upon the property of the defendant (s)and to sell all cash Ion hand or in the
possession of the defendants, accounts receivables, furniture, furnishings, eq ipment, inventory,
tools, electronic equipment, vehicles, any and all other personal property bel nging to the
above-named defendants..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
FULTON BANK, 599 N. 121h Street, Lemoyne, PA 17043
All property of the above-named defendants, including, without limitation, all sav'ngs and checking
accounts, certificates of deposit, money market accounts, deposits and all debts an other property
and/or obligations owing from the above-named garnishee to the above named de ndants, including
but not limited to account #3623 13569, and any account owned solely or in part b the above-named
defendants, which are in the possession, custody and/or control of said garnishee.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee() is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any prop rty of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found i the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she as been added as a
garnishee and is enjoined as above stated.
Amount Due $3.961.00
Interest -- $116.08
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 12/17/08
L.L. $.50
(Seal)
REQUESTING PARTY:
Name JUSTIN N. DAVIS, ESQUIRE
w.
? ? URY
2009 APR -2 A'1 P Oa
CUMB Il AL)' C-11jumy
PENNSYLVANIA