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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 ? ('? - N ? c? ? ? c ?_ _! t?' ' ? c ? SL. ? _. w s ? ,?, ? to ? :f? . - > _,? " _ > ? ?-'? ?-?, ?= . ? ?? .. r?., `x, r,;? ?c 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 .?. ? • ?.? ? -' to c-' od > 'W v 01 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) rr?? dirt ,? ??` p. ?- l ? c.:, ? =' 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 A.D r? ? -T - " ? ?.> , ? -z`t ?'?;. °? ^ C , N ? - ? ; , ?? y ? ? ? 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 .??- ?` ,?-` ??ra e?•.?. ` ?„? ?j ? L? ?`t ?? j "w ?" 1 ? .. "? ••--- _'? i...1 y>. 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 w J I ?y ?U U .E d b 1030 6901 HI J0 J3 1 j JJ Hl W G?? C,?, (p g ?'Sv ;; .. 2??3i7d -" 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 Y 1 R 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