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Home My WebLink About08-7269IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER Defendant No. b8 - '1XU9 CIVIL ACTION PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: a, I ? ro- 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 September 29, 2008 against the above-named defendant(s) before District Justice William I. Maruszczak, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 6,448.87 Post Judgment Interest (from September 29, 2008 to December 4, 2008 at 6% per annum) 56.30 Payments Total $6,505.17 Dated: December 4, 2008 AMATO AND ASSOCIATES, P.C. By: 11_? - - Id 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 * 4.06 2073805 06 o-L4 40. ^_' { 08 ?Z) A0 COMMONWEALTH OF PENNSYLVANIA fall INTV OF- NONTGOMERY Mag. Dist. No.: 38-1-09 MDJ Name: Hon. PIILLIM I. MARUSZCZAK Address: 485 S HENDERSON ROAD KING OF PRUSSIA, PA Telephone: (610 ) 265-3950 19406 YELLOW BOOK SALES & DIST CO. INC. 107 N COMMERCE, WAY C/O MATO a ASSOCIATES PC BETHLEHEM[, PA 18 017 NOTICE O L CAE ITRANSCRIPT C VS PLAINTIFF: NAME and ADDRESS (YELLOW BOOK SALES & DIST CO. INC. 107 N COMMERCE WAY C/O AMATO & ASSOCIATES PC J LBETSLEHM, PA 18017 VS. DEFENDANT: NAME and ADDRESS rNICARRY D/B/A, ANDREW, ET AL. 3537 HARTZDALE DRIVE CAMP HILL, PA 17011-7227 L J Docket No.: CV-0000551-08 Date Filed: 8/28/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) ® Judgment was entered for: (Name) 9/29/08 YELLOW BOOK SALES & DIST CO. I ® Judgment was entered against: (Name) NICARRY D/B/A, AMMDRZW 61 in the amount of $ 61 448.8 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ l Total Post Judgment Credits Post Judgment Costs $ 6,307.37 $ 141.50 $ .00 $-II0 $ 6,448.871 1 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 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 INTERESTEDAN 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. 9la 9/ 0 0 Date 011"n . D. I 1 1 -- , Magisterial District Judge I certify that this is a true a d rrect c y of the re rd of the orde6edings containing the judgment. 11-7 - It GA L4L Date , Magisterial District Judge My commission expires first Monday of January, 2 10 SEAL AOPC 315-07 .. COMMONWEALTH OF PENNSYLVANIA NTY OF: l[O>DITay>I?xY Dist. No.: 38-1-09 MDJ Name: Hon. WILLIAM I. KARUSZCZAK Address: 485 S EnWZRSON ROAD KING OF PRUSSIA, PA Telephone: (610 ) 265-3950 19406 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rY8LLOK BOOK SALES & DIST CO. INC. 107 N COM13MCZ WAY C/O AMATO & ASSOCIATES PC LBETELZEM, PA 18 017 J VS. DEFENDANT: r NAME and ADDRES'S? rNICARRY D/B/A, ANDRM, ET AL. 3537 HARTZDALE DRIVE CAM BILL, PA 17011-7227 YELLOW BOOK SALES A DIST CO. INC. L J 107 N COMMERCE WAY Docket No.: CV-0000551-08 C/O AMATO A ASSOCIATES PC Date Filed: 8/28/08 BETHLEHEM, PA 18017 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 9/29/08 Judgment was ente ,_re_._? d for: _ (Name) __YELLOW BOOK SALES & DIST CO. I ® Judgment was entered against: (Name) NEAL D/B/A, CHRIS in the amount of $ 6, 448.8 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 6,307.37 141.50 $ • $ - $ 6,448.871 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/TPANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF C114 L. EHOCEDUR9 FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN tRE p, WRT'OF COMMON P1,?E`A_S, /?Lf„F. ER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER, C PROCESS MAY BE ISSUED' ISTERIAL DISTRICT JUDGE. UNLESS _THE JUDGMENT IS, ENTERED IN THE COURT.OFCOMM_OR PI.EA$, ANYONE.INTERESTED IN THE JUDGMENT _MAY_FILE A REQUEST FOR ENTRY OF SATISFACTION' WITH THE-MAGISTERIAL M-fFf&iUDdE IF THE`JubGMENT DEBTOR PAYS IN FU-LL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I ertif/tthhat this is a true t db?Id Date of s- Magiste"rlal District.4udge . the r ed- gs containing the judgment. agisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 COMMONWEALTH OF PENNSYLVANIA 60 INTY OF: NONTAOMEitY • Mag. Dist. No.: 38-1-09 MDJ Name: Hon. WILLIAM I. MARUSZCZAS Address: 485 S HSNDERSON ROAD SING OF PRUSSIA, PA Telephone: (610 ) 265-3950 19406 NOTICE OF IVIDL CASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS riZLLOW BOOS SALES & DIST CO. INC. 107 N COMMERCE NAY C/O AMATO & ASSOCIATES PC LBETHLEHEM, PA 18017 J VS. DEFENDANT: NAME and ADDRESS rNICARRY D/B/A, ANDREW, ET AL. ? 3537 BARTZDALB DRIVE CAMP HILL, PA 17011-7227 L J YELLOW BOOS SALES & DIST CO. INC. 107 N COMMERCE WAY Docket No.: CV-0000551-08 C/O AMATO & ASSOCIATES PC Date Filed: 8/28/08 BETHLEHEM, PA 18017 1 Ila THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 9/29/08 Ju BOOS SALES & DIST CO. 3 - -6 dgmerrt was entered for: (Name) YELLOW - FX1 Judgment was entered against: (Name) FARR TIRE WHEEL A AUTO CENTER in the amount of $ 61 448.8 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 6,307.37 $- 141.55 $ .00 $ $ 6,448.871 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 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 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. THE JA MAY_ FILE - NTERED IN THE-COURT OF CAMIIAQN PLEA6, ANYN.INIERE6TED.lW UNLESS THE--JVQ-GMENT IS 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. Date , Maoisterf tl ?istrlot J ,,ge 1rti that this is a true rrect c of 51 Date : f the r songs containing the judgment: agisterial District Judge My commission expires first Monday of January, 20310 SEAL AOPC 315-07 T MM. . DIDTW Wn-i 11/24/08 12s40200 PM • . T 1. ' • DECEMBER 4, 2008 - "F=V:ET OF NO APPEAL YELLOW BOOK SALES AND District Justice Docket Number: DISTRIBUTION COMPANY, INC. CV.-551-08 Plaintiff ANDREW NICARRY AND CHRIS NEAL D/B/A: FARR TIRE WHEEL & Defendant AUTU R As of DECEMBER 4, 2008 g District Xuatice appeal MONTGOMERY has not besa filed in the Court of c=mnon Pleas of County is ULe above captioned matter. . r R ald Amato, Esquite, Attorney for the Plaintiff ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 1S-.. 7,t/, f vs. ANDREW NICARRY and CHRIS NEAL . d/b/a FARR TIRE WHEEL & AUTO CENTER CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I 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: 3537 Hartzdale Drive Camp Hill PA 17011-7227 AMAT ND ASSOCIATES, 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 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. 7 24 C1 VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER : 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 Andrew Nicarry is over 18 years of age, resides at 3537 Hartzdale Drive, Camp Hill PA 1701 1-7227 and is employed; That Chris Neal is over 18 years of age, resides at 3537 Hartzdale Drive, Camp Hill PA 1701 1-7227 and is employed; Sworn to and subscribed bef re me this day of ? C 2008 NOTAR P B NWANAL WAL MOM= O Nomw PWWo MY COMWJW N mom NwNh N% M2 v ? ?? ? r 7E n ? a CZ3 cx:) n a 00 Fl, u4 W 83 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER No. 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 $ ON /a OeC , 2008. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PR THONO Y - C MBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND 61STRIBUTION COMPANY, INC. Plaintiff No. 08-7269 Civil Term vs. PRAECIPE FOR WRIT ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER EXECUTION 353'7 HoLrtzcWa Dr (MONEY JUDGMENT) eAtnp N; (I , PA 1-7011 Defendant(s) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed 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, vehicles electronic equipment, any and all other personal property belonging to the above- named defendant(s). (2) against ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER, Defendant(s) (3) and against ........................................Garnishee(s) (4) and index this writ (a) against ..................................Defendant(s) and (b) against .......................................Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe the property) (5) Amount Due Statutory Interest From December 12, 2008 Less Payment Costs Poundage Total Date:April 8, 2009 Attorney File#: 2073805 $ 6,448.87 $ 101.42 $ 0.00 $ $ $ 6,550.29 AMATO AND ASSOCIATES, P.C. By: _ 11? Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff (i) 1,,.- _C OF TEE 2009 APR 2 i AiN B: 23 TY a7. a? e?s? a,!50 53.15 - Pd Ar+`Y *,2. co buw- 0,0 .50 LL w a w6tG 934 Zagoa? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 'YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER Defendant(s) No. 08-7269 Civil Term 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: 3537 Hartzdale Drive Camp Hill PA 1701 1-7227 AMATO AND ASSOCIATES, P.C. By: Dated:Aoril 8, 2009 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2073805 Fli IF THE F "7TARY 2009 APR 21 Aill 8: 23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 08-7269 Civil Term VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER CIVIL ACTION Defendant(s) WAIVER OF WATCHMAN To the Sheriff: Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: April 8, 2009 AMATO AND SOC/P.C. By: ?A _ Ronald Amato, Esq., Atty ID #32323 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 #: 2073805 ~!CE OF THE Pte,,.,. ^.,17l RY 2 G09 APR 2 1 Ai t 8: 23 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7269 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 ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER, 3537 Hartzdale Drive, Camp Hill, PA 17011 (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, vehicles, electronic equipment, 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: 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 $6,448.87 Interest from 12/12/08 -- $101.42 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 4/21/09 L.L. $.50 Due Prothy $2.00 Other Costs C is R. to *rno ( Seal) REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND ASSOCIATES, PC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 By: Deputy Supreme Court ID No. 32323 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Court ID No. 92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkope@kopelaw.com YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff, V. Attorney for Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-7269 CIVIL TERM ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER : DEFENDANT'S EMERGENCY PETITION TO SET ASIDE WRIT OF EXECUTION OR, IN THE ALTERNATIVE, TO STAY WRIT OF EXECUTION AND NOW, comes the Defendant, Andrew Nicarry, by and through his attorney, Shane B. Kope, Esquire, and files the within Emergency Petition to Set Aside Writ of Execution or, in the Alternative, to Stay Writ of Execution, of which the following is a statement: 1. The Plaintiff in this case, Yellow Book Sales and Distribution Company, Inc. (hereinafter "Plaintiff'), filed a District Justice Complaint against Andrew Nicarry, Chris Neal, and Farr Tire Wheel and Auto Center on August 28, 2008. 2. Judgment was entered against said parties on September 9, 2008. 3. This judgment was transferred to Cumberland County on December 4, 2008 and entered on December 12, 2008. 4. On or about April 21, 2009, a Notice of a Writ of Execution and Attachment was served on Andrew Nicarry at his current place business located at 3537 Hartzdale Drive, Camp Hill, PA 17011. Although located at the same address, Andrew Nicarry's current place of business, Farr Family Tire and Auto, is not Farr Tire Wheel and Auto Center, nor is it affiliated with the same; Farr Tire Wheel and Auto Center is no longer in business and, therefore, no longer located at said address. 5. In fact, Farr Tire Wheel and Auto Center was a wholly owned subsidiary of Capital City Tire, which, as stated, is not affiliated with Farr Family Tire and Auto. 6. Andrew Nicarry was one-third (1/3) owner of Capital City Tire d/b/a Farr Tire Wheel and Auto Center located at 3537 Hartzdale Drive, Camp Hill, PA 17011. 7. Chris Neal was also one-third (113) owner of Capital City Tire d/b/a Farr Tire Wheel and Auto Center located at 3537 Hartzdale Drive, Camp Hill, PA 17011. 8. The other one-third (1/3) owner was named John Smith: Mr. Smith was not named in the current suit. 9. Capital City Tire d/b/a Farr Tire Wheel and Auto Center was in operation for a short while but went out of business in Fall, 2006. 10. Since Capital City Tire d/b/a Farr Tire Wheel and Auto Center went of out business, Andrew Nicarry, as stated above, started Farr Family Tire and Auto, located at 3537 Hartzdale Drive, Camp Hill, PA 17011; Chris Neal started 422 Auto Sales, which is located at 1000 East Main Street, Palmyra, PA 17078; and John Smith started JMJ Auto Sale, which is located at 3537 Hartzdale Drive, Suite A, Camp Hill, PA 17011. Page 2 of 4 11. Despite being a named party, it is believed and, therefore, averred that neither Chris Neal, nor his current business was served with the current Notice of Writ of Execution and/or Attachment. 12. Because Mr. Nicarry's current business (Farr Family Tire and Auto) is not affiliated with Capital City Tire d/b/a Farr Tire Wheel and Auto Center, it cannot be the subject of a Writ of Execution and Attachment. 13. Due to the information submitted by the Plaintiff and the similar names of Mr. Nicarry's current and previous businesses, it is believed and therefore averred that the Sherrif 's' Department served the current Notice with the belief that Mr. Nicarry's current business is the same as the previous business, which, as set forth above, is not the case. 14. Further, the Complaint and all other subsequent filings did not list the proper parties; the Complaint and all other subsequent filings should have listed Andrew Nicarry, Chris Neal and John Smith d/b/a Capital City Tire d/b/a Farr Tire Wheel and Auto Center as the Defendants. 15. Finally, in case it will be attempted to serve Andrew Nicarry with the current Notice personally, Andrew Nicarry's personal assets cannot be the subject of the current Notice, as the corporate veil was not claimed to be pierced in the original action. 16. This Court has discretion to set aside or stay the Writ of Execution under Rule 3121 See Pa.R.C.P. 3121(b), 3121(d). Page 3 of 4 17. As set forth in this Petition, legal and equitable grounds exist for setting aside or staying the Writ of Execution. 18. For the reasons set forth above, the Defendant request that this Honorable Court, pursuant to Pa.R.C.P. 3121(d), set aside the Writ of Execution. In the alternative, this Defendant requests that this Court, pursuant to Pa.R.C.P. 3121(b), stay the Writ of Execution pending further action by this Honorable Court. WHEREFORE, the Defendant request that this Honorable Court, pursuant to Pa.R.C.P. 3121(d), set aside the Writ of Execution. In the alternative, this Defendant requests that this Court, pursuant to Pa.R.C.P. 3121 (b), stay the Writ of Execution pending further action by the Court. Respectfully Submitted, Dated: May 11, 2009 AND ASSOCIATES, LLC Page 4 of 4 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on May 11, 2009, 1 served a true and correct copy of the foregoing Defendant's Emergency Petition to Set Aside Writ of Execution or, In the Alternative, To Stay Writ of Execution via first class mail, postage prepaid, addressed as follows: Ronald Amato, Esquire. Amato and Associates, PC 107 North Commerce Way Bethlehem, PA 18017 (Attorneys for Plaintiff Road, Su 201 R Eili pe, Es A 17011 (717) 7 61-7573 Court ID 92207 (Attorney for Defendant) OF THE FI'OITH1111!7,4.Ry 2009 MAY 14 AN 9: 22 MAY 14 2009 YELLOW BOOK SALES AND : CUMBERLAND COUNTY, PENNSYLVANIA DISTRIBUTION COMPANY, INC. : CIVIL DIVISION Plaintiff, : V. : NO. 08-7269 CIVIL TERM ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER ORDER AND NOW, this I V` day of rj, A- Y , 2009, upon consideration of Defendant's Emergency Petition to Set Aside Writ of Execution or, In the Alternative, To Stay Writ of Execution, it is hereby ORDERED AND DECREED that Defendant's J?-" e-w. Petition is granted and the Writ of Execution in this matter is BY THE COURT: J t?JO-A ullxll- ross? 11-n % to _ r v1 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ati?ctp of clan6rtlfi? fOFRCE OF THE &KENFF F? r I ?FIE "APP 2099 11010_ 29 F0 2' 03 CUM, Yellow Book Sales and Distribution Company, Inc. Case Number vs. 2008-7269 Farr Tire Wheel & Auto Center SHERIFF'S RETURN OF SERVICE 04/22/2009 05:30 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1424 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Andrew Nicarry, by making known unto Andrew Nicarry, at 3537 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true anc correct copy of the same. Upon serving the writ of execution, a levy was not completed, as the defendant assured the deputy that he would be in to the office on Monday 04-27-09 to pay this writ in full. On Monday, 04-27-09, defendant Nicarry did not come to the office and did not pay this in full. Deputies sent back out to levy. Deputies Kenneth Gossert and Shawn Harrison did perform a levy on 04-27-09 at 1730 hours. Letter mailed out to defendant Nicarry on 04-28-09; postcard and copy of levy mailed to attorney 04-28-09. 04/2412009 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1424 hours, he attempted to serve a true copy of the within writ of execution, upon the defendant, to wit: Chris Neal at 3537 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. At that time it was learned from co-defendant Andrew Nicarry that the defendant was no longer associated with the business. Chris Neal is alleged to have his own business called 422 Auto Sales, at 1000 E Main Street, Palmyra, PA. 04/24/2009 02:24 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1424 hours, he attampted to serve a true copy of the within writ of execution, upon the defendant, to wit: Farr Tire Wheel & Auto Center, by making known unto Andrew Nicarry, at 3537 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time attempting to hand to him personally the said true and correct copy of the same. Nicarry advised that Farr Tire Wheel & Auto Center was now defunct and no longer in business. 07/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Order of Court dated May 14, 2009. SHERIFF COST: $95.88 ? q SO ANSWERS, July 29, 2009 R THOMAS KLINE, SHERIFF By ?z zL ddV baol Sharon R. Lantz ?31??N iS? CP u J' o 01-1 ??s? p f- ?a g WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7269 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 ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER, 3537 Hartzdale Drive, Camp Hill, PA 17011 (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, vehicles, electronic equipment, 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: 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 $6,448.87 Interest from 12/12/08 - $101.42 Arty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 4/21/09 L.L. $.50 Due Prothy $2.00 Other Costs C'drfis R. Lon of (Seal) REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND ASSOCIATES, PC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 By: Deputy Supreme Court ID No. 32323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 08-7269 Civil Term VS. ANDREW NICARRY and CHRIS NEAL d/b/a FARR TIRE WHEEL & AUTO CENTER CIVIL ACTION Defendant(s) PRAECIPE TO SATISFY JUDGMENT AGAINST ANDREW NICARRY ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered against ANDREW NICARRY ONLY in the above-captioned case. AMATO AND ASSOCIATES, P.C. By: Wald Amato, Esq., Atty ID #32323 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 FILEI-1 OF The : ' r TIVRY 204 ??£ ?r? ?: t?, p $ 8. oo PO ATry C&d (0 509 q p"*- a3ooa3