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HomeMy WebLinkAbout08-7368CARLISLE CEMENT PRODUCTS, INC. Plaintiff V. SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 73108 Ci ve i Terw CIVIL ACTION ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Scott A. Noss, d/b/a S. A. Noss Landscape for the amount of $2,338.01 in the above-captioned matter. The Notice of Judgment is attached hereto. Respectfully Submitted, Date: December 2008 By: Salzmann Hughes, P.C. Melis . ively, Esquir( A'fforney ID No. 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 CARLISLE CEMENT PRODUCTS, INC. V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant : CIVIL ACTION AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN . SS: Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Scott A. Noss, d/b/a S. A. Noss Landscape, has not appealed the verdict entered against it by District Justice Jessica Brewbaker on September 29, 2008. Melissa K. Dively, Esquire Attorney ID No. 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Sworn to and subscribed to Before me this 1$54day of December, 00 ?- ? 4h/) tary Pu ?6AAA41 Nf"" ' 7.4 OF PENNS ANM("'? Er, blic # 8aro, Fraridin CO .-ion F.)#m Dec, 19, 2011 Member, Pe.. fwania Association of Notaries COMMONWEALTH OF PENNSYLVANIA Notarial Seal EmNy C.14fyers, Notary PubNc Chamberslxn Barn, Franldin County My Ca mnkssicr E)VIres Dec. 19, 2011 Member, PennsyiUZ?m . A sociation of Notaries COMMONWEALTH OF PENNSYLVANIA mi jNTY nF• CMMZR AND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BYHNBA33M Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY FOR PLAINTIFF : MZLISSA K. DIVELY 79 ST. PAUL DRIVE CHAMBZRSBDRG, PA 17201 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FC-MMISLE CS11111111111111T PRODUCTS, INC. 510 B NORTH ST P.O. BOX 617 LCARLISLE, PA 17013 1 VS. DEFENDANT: NAME and ADDRESS rSCOTT A NOSS DBA S A MOSS LA1111DSCAPi 35 2ND STREET YORK HAVEN, PA 17370 L J Docket No.: CV-0000244-08 Date Filed: 8/25/08 met, (Date of Judgment) 9/29/08 Judgment was entered for: (Name) CARLISLE C KZNT PRODUCTS, INC. ® Judgment was entered against: (Name) SCOTT A ROSS DBA S A NOSS L71 WSCAPE in the amount of $ 2, 338.0 1-1 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 S Amount of Judgment $ 2,244.51 Judgment Costs $ 93• Interest on Judgment $ • Attorney Fees $ .00 Total $ 2,338.01 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 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. Date I certify t at this is a tr an? c4 rr ct copy of the record of the proceedings containing*e judg[ne t. QA/ Date Magisterial District. Judge SEAL My commission expires firs Monday of January, 203.2 AOPC 315-07 DATE PRINTED: 12/10/08 3:44:00.PM Sb c oo (31 V W V 0 Fc Mf t 1r ?- C a ? O rrl ^p? u,i CO p4a "ua - . A CARLISLE CEMENT PRODUCTS, INC., V. Plaintiff SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION NOTICE OF FILING JUDGMENT TO: SCOTT NOSS d/b/a S.A. NOSS LANDSCAPE 'Lee - You are hereby notified that on "14 , 2008, the following jjudgment has been entered against you in the above-captioned case. $2,338.01 plus interest and costs Ola Date: rothono I hereby certify that the names and addresses of the proper person to receive this notice are as follows: Defendants: Scott Noss d/b/a S.A. Noss Landscape 35 2» d Street York Haven, PA 17370 Creditor/Plaintiff: Carlisle Cement Products, Inc. 510 East North Street P.O. Box 617 Carlisle, PA 17013 I hereby certify that the precise address as to Plaintiff and last known address as to Defendant are correct as set forth above. Melissa v squire Co e laintiff 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. 08-7368 Amount Due $ 2,338.01 SCOTT A. NOSS, d/b/a Interest $ S.A. NOSS LANDSCAPE Atty's Comm $ Defendant 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 York County, for debt, interest and costs, upon the following described property of the defendant(s): Any and all personal, property located at 35 2"d Street York Haven York County, Pennsylvania, 17370. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of York 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 defendant, Scott Noss, d/b/a. ) Date /c, SALZMAI LN HUGH, P.C. r?r,n 'n \ Melissk K. Dively, E Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA (717) 263-2121 Counsel for Plaintiff P-4 C7-, CARLISLE CEMENT PRODUCTS, INC. Plaintiff V. SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7368 : CIVIL ACTION 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 CARLISLE CEMENT PRODUCTS, INC V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7368 SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant : CIVIL ACTION 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: [ ] I. Set aside in kind (specify property to be set aside in kind): [ ] 11. Paid in cash following the sale of the property levied upon; or [ ] 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: [ ] in cash; [ ] 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 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 YORK COUNTY. w 1 *4, V ? ? 77 Fr, ? 24 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7368 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due Carlisle Cement Products, Inc. Plaintiff (s) From Scott A. Noss, d/b/a S. A. Noss Landscape (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at 35 2nd Street, York Haven, York County, Pennsylvania 17370. (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 $2338.01 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: January 20, 2009 (Seal) REQUESTING PARTY: Name Melissa K. Dively, Esq. Salzmann Hughes, P.C. Address: 79 St. Paul Dr. Chambersburg, PA 17201 Attorney for: Plaintiff Telephone: (717) 263-2121 Supreme Court ID No. 36780 L.L. $.50 Due Prothy $2.00 Other Costs ,r th not C is R. L- By: Deputy EXP ,4/20/09 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE(717) 771-9601 CALL, 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN TYPE fI,Y LAW 1 TttU 12 1 PLAINTIFF/S/ - 2 CARLISLE CEMENT PRODUCTS INC 20 9-SU-856-08 _ 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ SCOTT A NOSS DBA S A NOSS LANDSCAPE fir"-_?,JI WOE P/P SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD y SCOTT A NOSS DBA S A NOSS LANDSCAPE 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 35 2ND ST YORK HAVEN PA 17370 7. INDICATE SERVICE O PERSONAL L7 PERSON IN CHARGE U DEPUTIZE `, CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW , 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof -according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE LEVY UPON ALL PERSONAL PROPERTY SET SALE 25 DAYS FROM LEVY S ALLOW EXEMPTION FORM ENCLOSED NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wi8wut 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 property before shenfrs sale thereof. ON FILE 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED MELISSA K DIVELY ESQ OF SALZMANN HUGHS PC 717-263-212111/20/09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) 79 ST PAUL DR CHAMBERSBURG PA 17201 SPACE MOW FOR USE OF THE §WEA" - DO NOT VWR"E 8MOW THIS LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as wliatedabove. LTHORPE 2/25/09 4/20/09 16. HOW SERVED PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certity and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSID? I _ 1? [MS&Wli I Date I Time { Miles Int. I Date Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. 22. REMARKS: (',1 I I .Levy not done within life of Writ. Writ expired. deputy was refused entry onto pret-n'-:,:?s. 23. Advance Costs 24 Service Costs 25 NIF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33X2ADX or Refund Check No 200.ATY 23.00 1 11.55 34.55 5.00 39.55 $160.45 7368 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/PostageMo1 Found 39 Total Costs 40 Costs Due or Refund SO ANSWERS 41. AFFIRME and PIE A Signature of 45. DATE 42. day 20 Sheriff TT ?RLI NOTARY Sure of York 47, DATE LI c I °'0 ' T NOTARY PUBLIC County sheen C I r71RK COUNTY MY : g U G. 12 2009 9. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIF F'S RETURN50 I ACKNOWLEDGE RECEIPT OF THE SHERIF F'S RETURN SIGNAI LIKE 01 UAJt:Kt:1_t:1VtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office r- A SHERIFF'S RETURN OF SERVICE 04/21/2009 LEVY NOT DONE WITHIN LIFE OF WRIT. WRIT EXPIRED. DEPUTY WAS REFUSED ENTRY ONTO THE PREMISES. SHERIFF COST: $39.55 (PAID) April 24, 2009 SO ANSWERS, t RICHARD P KEUERLEBER, SHERIFF : : '_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7368 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: Tuesday, February za. zoos 2 PM To satisfy the debt, interest and costs due Carlisle Cement Products, Inc. Plaintiff (s) 2009-SU-000856-08 From Scott A. Noss, d/b/a S. A. Noss Landscape (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at 35 2°d Street, York Haven, York County, Pennsylvania 17370. (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 $2338.01 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: January 20, 2009 (Seal) REQUESTING PARTY: Name Melissa K. Dively, Esq. Salzmann Hughes, P.C. Address: 79 St. Paul Dr. Chambersburg, PA 17201 Attorney for: Plaintiff Telephone: (717) 263-2121 Supreme Court ID No. 36780 Vd }l8V L.L.$.50 Due Prothy $2:00 Other Costs !`'Y Y is y C is R. Lo , ro h o y C-n By: Deputy PLUS YORK COUNTY SHERIFF COSTS $ TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hmW and the seal of said Court at Carlisle, Pa. TWs .. , day of t,......... pmlf*n0taty 00 IS WU sZ 93A ON -_i i (1,31M.-1018 CARLISLE CEMENT PRODUCTS, INC., Plaintiff V. SCOTT A. NOSS, d/b/a S. A. NOSS LANDSCAPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7368 CIVIL ACTION PRAECIPE TO DISCONTINUE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Scott A. Noss, d/b/a S.A. Noss Landscape. in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: i ?N Melissa I Attorney 79 St. P,a C ibersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the L- day of June 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Scott Noss d/b/a S.A. Noss Landscape 35 2nd Street York Haven, PA 17370 By: Salzmann Hughes, P.C. ?F?ILE --; ?} . ! Mrr y 2069 soli 18 l All 10: is 6 .CW !t 97z- c. a 4Q??