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HomeMy WebLinkAbout10-5762IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff VS. DENNIS DYARMAN No. IO - 57(a Civil Tern CIVIL ACTION c? =ri ? rn T co + 57. 0 C w Defendant PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: 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 December 16, 2008 against the above-named defendant(s) before District Justice Todd R. Williams, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 8,130.00 Payments 450.00 Total $7,680.00 Dated: August 30, 2010 AMATO SSOCIATES, 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 *a.'7.95 P0AT7Y 107 North Commerce Way fry ami4a Bethlehem, PA 18017 aq787,!Y. (610) 866-0400 A DEBT COLLECTION LAW FIRM Nye M? 2080980 AFFIDAVIT OF NO APPEAL HUDSON & KEYSE LLC vs. DENNIS DYARMAN August 30, 2010 District Justice Docket Number: CV-351-08 As of August 30, 2010 A District Justice appeal has not been filed in the Court of Common Pleas of Franklin County in the above captioned matter. AMATO D ASSOCIATES, P.C. By: onald 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: PRA1ifXLIN Meg. Dist. No.' 39-3-04 MDJ Narrie: Hon. TODD R. WILLIAMS Adtl?ess: 1157 GARVZR. LN PO BOX 460 SCOTLAND, PA Telephone: (717 ) 263-7949 NOTICE OF JUDGMENT/TRANSCF TTY PLAINTIFF: CIVIL CASE RMSON & SBYSB LLC 0 C tlOADDRESS AKATO 107 FORTS C03a=C8 WAY ?? BBTHLRSRM, PA 18017 L J DEFENDANT: 17254-0460 NAME antlADDRESS rDYAR1fAN, Dffi VS. ?IS -I 1124 ROXBURY RD. MENBURG, PA 17240 RUDOSN 4 SaYSE LLC. C/O AMATO 4 ASS L J 107 NORTH COMKMtCZ WAY Docket No.: CV-0000351-08 13WMNSEK, PA 18017 Date Filed: 11/10/08 THIS IS TO NOTIFY YOU THAT: Judgment: DalAULT JVDGKMT PLTlr (Date of Judgment) 12/16/08 Judgment was entered for: (Name) HUDSON & rJMSg LLC. , C/O AMATO © Judgment was entered against: (Name) DYARNAN, DRYS in the amount of $ 8,130.0 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 D Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 8,000.00 Judgment Costs $-33 0-.40 Interest on Judgment $--?8 Attorney Fees $-?U Total $ 8,130.00 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 T? 0-4/ Magisterial District Judge 1 I certify that this is a true and correct copy of the record of the proceedings containing the judgment. 1 Date TOMW A10' i Magisterial District Judge j My commission expires first Monday of January, 2014 SEAL AOPC 315-07 DJLT31 PRINTgD1 12/16/08 2:35:00 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff No. VS. DENNIS DYARMAN CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 382 Blackbrook Road Painesville OH 44077 I do certify that the precise last known address of the within named defendant is: 1 124 Roxbury Road NEWBURG PA 17240 AMATO D ASSOCIATES, P.C. By: onald 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff : No. vs. DENNIS DYARMAN 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 Dennis Dyarman is over 18 years of age, resides at 1 124 Roxbury Road, NEWBURG PA 17240 and is employed; Sworn to and subscribed before me this''' day of? 2010 A NOTA PUBL WOTARIAL SEAL GEOFFREY 0 SCHOENECK Wofnry Public HANOVER TOWNSI#P, NORTHAMPTC: x c ` ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff No. VS. DENNIS DYARMAN 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 3" $µ , 2010. ( ? A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY J Per: If you have any questions concerning the above, please contact the undersigned. AMAT D ASSOCIATES, P.C. Y. onald 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HUDSON & KEYSE LLC Plaintiff vs. DENNIS DYARMAN~ I la~l 'Roxbury ~ Defendant(s) Ne~ub~urg~~a~0 F & M TRUST Iq~~ ~''~' ~ Garnishee (~,0~lisle, PA ('1013 CIVIL ACTION NO. 10-5762 Civil Term Amount Due S 7,680.00 Interest S 53.65 Payments $ 0.00 ,,,,,, ° Costs 5 ~ ~ -+ Poundage $ ~. c.~ ."~ r ~ ~ i~ ,a r , t `. L!)t ~ ~ ~ ~ . Total S 7,733.65 => "'" ~.rJ .._.~ o `=~ .3°A ~ ~'° '~"~. ~ • ~ q Y ~ e'^' J°" To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a 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) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, eauipment, inventory, tools, electronic equipment, vehicles, any and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property: All property of the above-named defendant(s), including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant(s), including but not limited to account #51 30980, and any account owned solely or in part by the above-named defendant(s), which are in the possession, custod and/or control of said arnishee s . s #a~}.5o Po Airy AMATO AND SA, P. d7. a5 CAF By: a.so w ~ ~~,a5 -Po AYN ~a.ao , •5o LL Attorney File#: 2080980 C'~ o'i9~/Ig L.~ o15OSl~ ~~ ~~~ Ronal mato, E , Atty JD #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 16101 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HUDSON & KEYSE LLC Plaintiff No. 10-5762 Civil Term vs. ~ -- ~ DENNIS DYARMAN -~, e;. ~~~~~ ~ ~ ~ ~~~?~ CIVIL ACTION ,v ..,; °~ -` ---~ ` m,. ' ` ~ ~~ ~~_ Defendantls) ~~ ~,~ ~? ~~ ern ~.... v r~ 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: 1 124 Roxbury Road NEWBURG PA 17240 Dated: October 22, 2010 AMATO AND LES,SA, P.C BY ~ ~~ Ronzfld Amato-Esq., Atty ID #32323 M' hael 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 #: 2080980 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HUDSON & KEYSE LLC Plaintiff vs. DENNIS DYARMAN Defendant(s) No. 10-5762 Civil Term CIVIL ACTION WAIVER OF WATCHMAN ~a <~ ~ -n ~_m~ o .~ ~ 6 ~~~' i •~ ~ "~ ca -~ ~ ~ ~ ~~ ~ - -i 7'- 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: October 22, 2010 AMATO AND LESS , P.C ey: Ron d Amato, Esq., Atty ID #32323 Mi ael 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#: 2080980 .~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5762 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HUDSON & KEYSE LLC, Plaintiff (s) From DENNIS DYARMAN, 1124 Roxbury Rd, Newburg, PA 17240 (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, electronic equipment, vehicles, andy and all other personal peroperty belinging 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: F&M TRUST, 1901 Ritner Highway, Carlisle, PA 17013 All property of the above-named defendants, including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant, including but not limited to account #51 30980, and any account owned solely or in part by the above-named defendant, which are in the possession, custody and/or control of said garnishee. 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 $7,680.00 L.L. $.50 Interest -- $53.65 Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: 10/29/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND LESSA, PC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 '~ ~ 1 ' Attorney for: PLAINTIFF Telephone: 61.0-866-0400 Supreme Court ID No. 87326 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy r r,f p Richard W Stewart Solicitor OFFICE C)F THE tinaRIFF rI Hudson & Keyse LLC C mbar Dennis Dyarman 'a?7 SHERIFF'S RETURN OF SERVICE 11/08/2010 02:26 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2010 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Dennis Dyarman, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna K. McNaughton, Certified Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, November 10, 2010 RON R ANDERSON, SHERIFF wn all, Deputy (c) GountySuite Sheriff, ieleosoft. Inc.. IN THE COURT OF C 4MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,HUDSON & KEYSE LLC Plaintiff VS. DENNIS DYARMAN Defendant(s) No. 10-5762 Civil Term CIVIL ACTION F & M TRUST Garnishee .,?ISur.?rs • ? -- - • INTERROGATORIES TO GARNISHEE To: F & M TRUST, Garnishee 1901 RITNER HIGHWAY, CARLISLE PA 17013 c o xM- ms`s rrn CO _ z ? "' C--) r*ir ? tnr r7 C . •C'O rn ~ 2. D 2O a 3 Zvi D C '- -? co ;;0 You are required to submit answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a judgment being entered 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? ?S +Vq Z ddse*1?41nt hJS -,l F e ys o 0 a) ?'1 t c k i N I A ft o w vrt- V10" F-4 M TI- W 2. At the time you were served or at any subsequent time was 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? No. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 1 J C 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? N b 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 pursuant to your direction or consent and if so what was the consideration therefor? ? t S l q d >cp0S i t w A S w 4j ? tro +' 16 ACCoUn-t on 1NOv 1,2D10- •. r 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? N 0 . 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. N o 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S.A. § 8123? If so, identify each account. tJO9. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) [including but not limited to 51 309801 with your office? 1 e ? . 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; 51 -3097 C ?t° ?') h B) the amount of money in each account. is 111125.00 NOMOM Ff 6 to H M T(M rD R -wh W P I " AMATO AND L SA, P. By: Ronald ato, Esq., Atty ID #32323 Mic=a 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#: 2080980 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff vs. DENNIS DYARMAN Defendant(s) F & M TRUST Garnishee No. 10-5762 Civil Term : CIVIL ACTION PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: C"I) c a ? =M M_ •c -o <o -o c3-*ti =n °m CO CO Please discontinue the above-captioned matter against F & M TRUST, Garnishee, ONLY, without prejudice. AMATO AND LESSA, P.C. By: (--,R'o'nald 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 O*A .gyp V_ ?,? 1?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE LLC Plaintiff No. 10-5762 Civil Term :- ; VS. rn DENNIS DYARMAN CIVIL ACTION Defendant(s) PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. AMATO AND LESSA, P.C. By: onald 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ? Hudson & Keyse LLC vs. Dennis Dyarman SHERIFF'S RETURN OF SERVICE Case Number 2010-5762 11/08/2010 02:26 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2010 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Dennis Dyarman, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna K. McNaughton, Certified Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 12/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. Attorney Amato sent letter stating that they had been paid in full by the defendant. SHERIFF COST: $248.50 (PAID BY DEFENDANT) December 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF baron R. Lan Z i ; r ?- rr