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HomeMy WebLinkAbout04-1830 09-2-01 04 - IPJo CULL '-rEa..W) NOTICE OF JUDGMENT/TRANSCRIP.T CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BELVEDERE MEDICAL CORP. I 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dis!. No.: OJ Name: Hon. Address: PAULA P. CORREAL 1 COtfRTHOUSE SQUARE CARLISLE, PA L .-J VS. T"'phoc, (717) 240 - 6564 17013 - 0000 DEFENDANT: 'TORRES, SANTOS A 203 WEST MAIN ST WALNUT BOTTOM, PA L Docket No.: cv- 0000428 - 03 Date Filed: 11/19/03 NAME and ADDRESS I ATTORNEY FOR PLAINTIFF : 17266 GUIDA LAW OFFICES, P.C. 111 LOCUST ST % GAIL GUIDA SOUDERS HARRISBURG, PA 17101 .-J 1& T/ijIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGM1':NT PLTF [ii] [i] Judgment was entered for: (Name) ~RT.VRnRRR MRnTl~:l\T. ('.ORP Judgment was entered against: (Name) TORRRS, SANTOS A in the amount of $ 1,"7"_/;0 on: (Date of Judgment) 12/22/0'>, D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1,484.00 $ 91.60 $ .00 $ .00 $ 1.575.60 D Amount of Judgment Subject to Attachmentl42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ) ;)-J:J-():3 Date (&~-~~~ , District Justice I certify that this is a true an~y of ~CeedingS c J ~-a;)-D3 Date ~bJ~~ p~~ ing the judgment. , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315.03 DATE PRINTED: 12/22/03 1:04:04 PM t1[i~ - ~ c; (} ...... P P ~ ~ :tJ ~ e p: t~ ~ r--' (") g ~ C ..,... --i ;;:: ".. :r:-n .:R ~'" -0 m~ Z::::' :::0 .", 7r N :D (h~-:;' en 0 ~O -0 g~ ~C~ ::J: ~m ~O L.1 >C. w o-l ~ ;:, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BELVEDERE MEDICAL CORP. Plaintiff Confessed Judgment Other VS File No ~ -1P,j(\ Ci vil Term Amount Due: $1,575.60 Interest Atty's Cornrn Costs SANTOS A. TORRES 203 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Defendant 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 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 Cumberland County, for debt, interest and costs upon the following described property of the derendant(s) all personal property including but not limited to a 1983 Dodge Truck, VIN # 1B7KD34W7DS502642 located at 203 West Main Street, Walnut Bottom, PA 17266. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: ~/\q lo'1 Signature: }1{~ Gail Guida Souders 111 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff 717-236-6440 Supreme Court ID #68740 y. Pt + ~ ~ ~ ~ ~~ ~ - ~, t W ~ ~r ~ CAJ ..... l::: 6'- ,., :0:- ( ....~ ~ ~~o ., fI'l~?,> ~ 8 , }t' P.0 (') :;:g 0 ~; :? " .,;, _ -l '-','" ~ :J:::n ^.," f' ..... n1F S:-,' !j~, AI :g~ ~;> ~ b, c,('., ~-T'l ~ -', ;:' Q'~ ?~~t~ "" am ~';"c w ~ - ~ ;.:.., ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-1830 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELVEDERE MEDICAL CORP., Plaintiff (s) From SANTOS A. TORRES, 203 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 (I) You are directed to levy upon the property of the defendant (sland to sell ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO A 1983 DODGE TRUCK, VIN # IB7KD34W7DS502642 LOCATED AT 203 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 . (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) Ifproperty 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $1,575.60 Interest Arty's Comm % Atty Paid $36.75 Plaintiff Paid Date: APRIL 26, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot~ p c..m ~: ~n-,?-D. ./'(CI1./bZr- Deputy REQUESTING PARTY: Name GAIL GUIDA SOUDERS, ESQUIRE Address: 111 LOCUST STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-6440 Supreme Court ID No. 68740 , . PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/21/04 PAGE 1 OWNER SANTOS A TORRES 203 W MAIN ST WALNUT BOTTOM PA 17266 TITLE NUMBER TAG NUMBER VIN 38244740 YS45788 1B7KD34W7DS502642 MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS DODGE 982953907131997 001 2G17037 NO NO TITLE BRAND INFORMATION RECONSTRUCTED VEHICLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 040211346000098 LESSEE NONE TITLE DATE REGISTRATION EXPIRY DATE: BODY TYPE ODOMETER READING lEACTUAL MILEAGE DUPLICATE TITLE COUNT VEHICLE YEAR STOLEN DATE INFORMATION: (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US 006 1b't> if\ lob ~ 04/28/86 11/99 TK 97,008lE o 1983 AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.48 .50 1.00 14.06 20.00 20.00 75.04 Sworn and Subscribed to before me thisftdayof~ 2005A.D.~ ~ othonotary ~1'. \;! 'i \' r"l 'S 11 N] d ~ \ , . - -" . {', \+ \ \1V SI \ \ LllldV UNI"' " .",':'rlno ~~\\\':1\j\r ~d. .10 3~I~JO Advance Costs: 150.00 Sheriffs Costs: 75.04 74.96 Refunded to Atty on 03/1l/05 So ' r ~~. /~lI"'fE..t '. Thomas Kline, Sh{riff ByCJQIIA~Q. ~v::baj(! E:~5j "'1ril IfiJ -= ~ ,1iiJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-1830 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELVEDERE MEDICAL CORP., Plaintlff(s) From SANTOS A. TORRES, 203 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO A 1983 DODGE TRUCK, VIN # lB7KD34W7DS502642 LOCATED AT 203 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 . (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 attaclunent 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) Ifproperty of the defendant(s) not levied upon an subject to attaclunent 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 $1,575.60 L.L. $.50 Interest Atty's Comm % Atty Paid $36.75 Plaintiff Paid Due Prothy $1.00 Other Costs Date: APRIL 26, 2004 CURTIS R. LONG (Seal) Prothonotary ___By: ~~D - [} .'n20V2-,Y, r Deputy REQUESTING PARTY: Name GAIL GUIDA SOUDERS, ESQUIRE Address: 111 LOCUST STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-6440 Supreme Court ID No. 68740 / ;D V\1'b ~ \. ~l;\ .t/ )..).- cr(f) \ ~ ')..0 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMENDED PRAECIPE FOR WRIT OF EXECUTION BELVEDERE MEDICAL CORP. Plaintiff Confessed Judgment Other VS File No. 2004-1830 Civil Term Amount Due: $753.60 plus costs Interest Atty's Corum Costs SANTOS A. TORRES 203 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Defendant 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 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 Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of ADAMS 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) Levy on all accounts, including but not limited to checking account number 0143723 located at Adams County National Bank, Gettysburg, Pennsylvania. (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Il fI rl-e -? DATE: April 26, 2005 Signature: ~ V ~ ~ Gail Guida Souders 111 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff 717-236-6440 Supreme Court ID #68740 G fJ. " -r P 1-71 ~ ~~ ('y) ..c:- ~ \/0 ~ ~ ~ L 0' t- ~ V\ f-- -lCl. - Q C) ~ """ _ -k;.. . ---- ~ ___"'-J<.rt J:: v,:"'~' ...:l'r-->-C\1f C' lr) G" ..... J V 1\J I' -u 0F-- _ _ =. ~ n -- ~ ~if ~ C) o ;;,-:::., ->1 \"~.:-: c::0 -,~ - -' '23, 0,) ;;:- WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1830 Civil CIVIL ACTION - LAW TO THE SHERIFF OF ADAMS COUNTY: To satisfy the debt, interest and costs due BELVEDERE MEDICAL CORP., Plaintiff (s) From SANTOS A. TORRES, 203 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of LEVY ON ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO CHECKING ACCOUNT NUMBER 0143723 LOCATED AT ADAMS COUNTY NATIONAL BANK, GETTYSBURG, PA GARN1SHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $753.60 L.L. Interest Atty's Comrn % Atty Paid $124.71 Plaintiff Paid Date: MAY 17, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary () ~ ~y: ~AO-1 17 J?/ I 'Cftfld'~ Depury REQUESTING PARTY: Name GAIL GUIDA SOUDERS, ESQUIRE Address: 111 LOCUST STREET HARRISBURG, P A 17101 Attorney for: PLAINTIFF Telephone: 717-236-6440 Supreme Court ID No, 68740 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BELVEDERE MEDICAL CORP, Plaintiff, No. 2004-1830 Civil Term v. Attachment Execution Proceedings SANTOS A. TORRES, Defendant, and ADAMS COUNTY NATIONAL BANK, Garnishee. PROOF OF NOTICE TO ][)EFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. I I II I I II II I On this, the 6th day of July, 2005, befon: me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on July 6, 2005, he forwarded to the Defendant, Santos A. Torres, a copy of the writ issued in said proceedings on May 17,2005, by mailing the same certified mail deposited at the post office in Fairfield, Adams County, Pennsylvania, addressed to the Defendant at the following address: 203 West Main Street, Walnut Bottom, Pennsylvania 17266. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid moling ofth, ,,= hereinbefore mcrmon"'.~ Edward G. Pool, Esquire Sworn to and subscribed before me this 6th day of July, 2005. i:dWu-'m.~ Notary Public ( My commission expires: lJ'" r'- ru =r U.S Postal Service CERTIFIED MAIL RECEIPT iDul1le~lI(; Mall Only; No Insurance Coverage ProvIded) I WALNUT BOTTOn PA 17266 I Postage , ", 07 Certified Fee S2.30 0320 06 Postmark Return Receipt Fee SO.OO Here (Endorsement Required) , Restricted Delivery Fee SO.OO (Endorsement Required) Total Postage & Fees $ S2.67 07/06/2005 lJ'" .., ..J] ..J] ..J] .-'I Cl Cl Cl Cl =r I'T1 Recipient's Name (Please Print Clearly) (to be completed by mailer) Mr. Santos A. Torres [J"'" -f;treet~AP-t:-i'io.~'-or-Po-iiox-Nom---------------- ____m_n.__ lJ'" 203 West Main Street Cl -t5ii;:siiite:z/P+4-----nnn-----um--------- --------------- r'- WaIn B o C:. -;:or ...,...:';,0" r\)l-' ~;--; \:.~.-; , r~'~ \~. .....> """ ~ <-- c.:: ," - vJ "%. 'y,'" 9r. .-I ~.,~ "'"'i"1. r.7\f::'< -08 ~_-.':-;1 ';~;j~ -::~ "'D '''<: -Q .-:,.. -- r:-? - ;;- II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BELVEDERE MEDICAL CORP, Plaintiff, No. 2004-1830 Civil Term v. Attachment Execution Proceedings SANTOS A. TORRES, Defendant, and ADAMS COUNTY NATIONAL BANK, Garnishee. CERTIFICATE OF SERVICE AND NOW, this 12th day of July, 2005, I, Edward G. PulJl, Esquire, of Puhl, Eastman & Thrasher, attorney for Garnishee, Adams County National Bank, hereby certifY that I have this date served Garnishee's Answers to Interrogatories, by mailing a true copy first class mail, postage prepaid, to Gail Guida Souders, Esquire, at the address shown below: Guida Law Offices, P.C. III Locust Street Harrisburg, P A 17101 PUHL,EASTMAN & THRASHER By~~~dIiA Edward G. PulJl, Esquire Attorney ill #55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 (') G ....., = = en <- c: r- o .. --1 ::r:- rn-L.' r- :g p:J ~:~-~ :~.? ",-,,;j} ~~f~; -' :'.0 ~< C.~) -v ::i: l'>f -1'0' > BELVEDERE MEDICAL CORP. : IN THE COURT OF COMMON PLEAS : CUMBERLAND, COUNTY PENNSYLVANIA VS. : CIVIL ACTION-LAW SANTOS A. TORRES : NO. 2004-1830 Civil Term To: ADAMS COUNTY NATIONAL BANK, Gettysburg, }'ennsylvania l1/Jr~ea.s '---J6 ~'Eft.nLX:f~ ES You are required to file answers to the following intllrrogatories within twenty (20) days after service upon. Failure to do so may result in judgment 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? If so, how much? No. 2. At the time you were served or at any subsequent time' were 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? If so, how much? No. 3. At the time you were served or at any subsequent time .lid you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? No. 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? No. 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 pursu:ant to our direction or consent and if so what was the consideration therefore? No. 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the deflmdant against you? No. ;VtJ Dated: 0//17 ItlS I Gail Guida Souders Guida Law Offices, P.c. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Identification #68740 Attorney for the Plaintiff . The undersigned verifies that the answers contained herl~in are true and correct. The underSIgned und~stands that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relatmg to unsworn falsifications to authorities. Dated: July~, 2005 ADAMS COUNTY NATIONAL BANK ~j By .' (, e E. Gwyn, As~t Vice President (') r-, ~ c;:.) ~,::; = en ..... -- , '- :r: , r c:::: fn:D .- ,-- ~ -om ~.i) w :TiC? - '::Y,-:; r~ .;::! '~"l", :<.;...~ :::? ~_~2 =l~ "-:-';""1 ' ,/ .... -""" _C )~~~-:! I)? 0[11 --I ":C.'" =< :.0 .r- .< The undersigned verifies at the answers contal ed herein are tru and correct. The undersi ed understands that false s ternents herein are m e subject to the enalties of 18 Pa. C.S. ~490 relating to unsworn falsifi tions to authorities. Dated: July _, \ ~ \ Jane E. Gwyn, Assistant Vice President