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Home My WebLink About04-2519THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Melissa K. Dively, Esquire of the law firm of Salzmann, Hughes & Fishman, P.C., on behalf of Plaintiff and enter judgment against the Defendant, Blue Collar Auto Sales, for the amount of $1,808.71 in the above-captioned matter. Respectfully Submitted, Salzmann, Hughes & Fishman, P.C. Date:O~lfl~; [ , 2004 By: Melissa K. Dively, Esquire Attorney ID No. 36780 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ; : CIVIL ACTION - LAW AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS: Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Blue Collar Auto Sales, has not appealed the verdict entered against it by District Justice Paula P. Correal on December 15, 2003. Sworn to and subscribed to Before me this p day of J~"~/¢004. Direly, Esquire '-M¢lissa K. Attorney ID No. 36780 COMMONWEALTH OF PENNSYLVANIA COUNTY. OF: CUM~[BR~ Mag. Oist No: 09 -2-01 PAOLA P. COP. REAL Address: I COO~THOU'qE SQUARE CARLISLE, PA (717) 240-6564 THE SENTI[TEL 457 EAST NORTH ST CARLISLE, PA 17013 T~I$ IS TO NO'i'IF¥ YOU THAT: Judgment: r-~ Judgment was entered for: (Name) [-~ Judgment was entered against: (Name) 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME &nd ADDRESS ~THE SENTINEL, 457 EAST NORTH ST CARLISLE, PA 17013 L DEFENDANT: NAME and ADDRESS FBLUE COLLAR AUTO SA~EB 1208 TRINDLE ROAD CARLISLE, PA 17013 Docket No.: ~.-"¢- 0000403 - 03 Date Filed: 10/30/03 'D~FAULT JUD~IT PLTF' 'P~T~TTR COT.T.~.R ~.T,J-~ I]AT,Rg in the amount of $ 1 ,808.'71 on: (Date of Judgment) I ~-~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~--] Portion of Judgment for physical damages arising out of residential lease $ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. (Date & Time) Amount of Judgment $ 1,724.31 Judgment Costs $ 84 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 1,808.71 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 ~SSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEASi ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLESi OR OTHERWISE COMPLIES WITH THE JUDGMENT. 12-15-03 Date I certify that this is a true a~opy of~'~rd~ee..l~roceed ~n{l ~he;.iudgment, 12-15-03 Date ," , ~ , District J~stice My commission expires first Monday of January, 2006 . SEAL AOPC3~5-03 DATE PRINTED: 12/16/03 10:02:45 AM THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - glq CIVIL ACTION - LAW (PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (2) Against Blue Collar Auto Sales, Defendant: (3) And against N/A , Garnishee(s): (4) And index this writ (A) Against Blue Collar Auto Sales, Defendant (B) Against N/A (Garnishee(s) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (specifically describe property) Any and all personal property of the Defendant, Blue Collar Auto Sales, of 1208 Trindle Road, Carlisle, Pennsylvania 17013. (5) Amount due $1,808.71 Interest from 12/15/03 to 6/7/04 $ 52.50 @ 6% Total Dated: $ 1,861.21 Plus Ail Costs in Offices Of Prothonotary & Sheriff Melissa K. Dively, Esquire Attorney for Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3014(b). Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW 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) (b) Fill out the claim form and demand a prompt hearing. Deliver the form or mail it to the Sheriff's 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 FEND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) (2) (3) (4) (5) (6) (7) (8) $300.00 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation Social Security benefits Certain retirement funds and accounts Certain veteran and armed forces benefits Certain insurance proceeds 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); [ ] II. 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 unswom falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-2519 Civil COLrNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From BLUE COLLAR AUTO SALES, 1208 TRINDLE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF TIlE DEFENDANT, BLUE COLLAR AUTO SALES, OF 1208 TRINDLE ROAD, CARLISLE, PA 17013 (2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the ganfishee(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 garfftshee and is enjoined as above stated. Amount Due $1808.71 L.L. $.50 Interest FROM 12/15/03 TO 6/7/04 ~ 6% -$52.50 Atty's Corem % Due Prothy Atty Paid $36.75 Other Costs Plaintiff Paid Date: JUNE 14, 2004 (SeaD REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: 455 PHOENIX DR., SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 $1.00 CURTIS R. LONG Deputy THE SENTINEL, Plaintiff BLUE COLLAR AUTO SALES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2519 Civil Term CIVIL ACT]iON - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and diiscontinued against the Defendant, Blue Collar Auto Sales, which was filed on June 14, 2004. Respectfully submitted, Salzmann, Hughes & Fishman, P.C. Date: September ,2004 ._ Melissa K. Dively, Esquire Attorney ID No. 36780 Counsel for Plaintiff 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263..2121 CERTIFICATE OF SERVICE I hereby certify that on the (~7r't~ day of September, 21)04, I served a tree and correct copy of the within Praecipe to Satisfy Judgment via United States Mail, First Class, postage prepaid addressed as follows: Blue Collar Auto Sales 1208 Trindle Road Carlisle, PA 17013 Iug~h~h,es & Fishman, P.C. Counsel for Plaintiff (/11 x WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-2519 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From BLUE COLLAR AUTO SALES, 1208 TRINDLE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, BLUE COLLAR AUTO SALES, OF 1208 TRINDLE ROAD, CARLISLE, PA 17013 (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 enjoin~l/'rom paying any debt to or for the accotmt 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 attaclunent is found m 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. AmoumDue $1808.71 L.L. $.50 Interest FROM 12/15/03 TO 6/7/04 ~ 6% - $52.50 Atty's Corem % Due Prothy Ally Paid $36.75 Other Costs Plaimiff Paid Date: JUNE 14, 2004 (Seal) REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: 455 PHOENIX DR., SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Cottrt ID No. 36780 $1.00 CURTIS R. LONG D~puty R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 36.18 Advertising Law Library .50t Prothonotary 1.00 Mileage 3.70 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee TOTAL $ 99.38 Advance Costs: 150.00 Sheriff's Costs: 99.38 $ 5O.62 Refunded to Atty on 09122/04 Sworn and Subscri~d~to before me .._~ Prothonotary .~f~ So Answer&;