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
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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
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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
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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
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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
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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
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Advance Costs: 150.00
Sheriffs Costs: 75.04
74.96
Refunded to Atty on 03/1l/05
So ' r ~~.
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'. Thomas Kline, Sh{riff
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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
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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
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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.
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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:
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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
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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
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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
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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
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By .'
(, e E. Gwyn, As~t Vice President
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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 _,
\
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Jane E. Gwyn, Assistant Vice President