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Home My WebLink About04-5100 -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No, ()'f~ 6-It(JO ~ vs, JOHN D. EMANUEL CIVIL ACTION Defendant PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of Plaintiff and against the above-named defendant(sJ, pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal, within 30 days, a judgement entered August 31, 2004 against the above-named defendant(s) before District Justice Clement, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount Post Judgment Interest (from August 13, 2004 to September 28, 2004 at 6.00% per annum) Payments 7,751. 75 51.74 Total $7,803.49 Dated: 2004 AMATO AND MARGLE, P.C. By: Ronald Amato, Atty 10 #32323 Michael Kennedy, Atty 10 #72412 Michael Lessa, Atty 10 #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 2034287 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND .NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'EroDSON & KEYSE,LLC I 107 N COMMERCE WAY C/O R AMATO ESQ l!'ETHLEHEM, PA 18017 -! VS. Mag. Oist No 09-1-01 OJ Name: Hen. CHARL;ji:S A. CLEMENT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 DEFENDANT: IEMANuEL, JOHN D 313 EUTAW STREET NEW CUMBERLAND, PA L NAME and ADDRESS ATTORNEY POR PLAINTIPP 17070 -1 . AMATO AND MARGLE, P.C. 107 N COMMERCE WAY BETHLEHEM, PA 18017 Docket No,: CV- 0000350 - 04 Date Filed: 7/13/04 -~ THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDClMR1\1T PLTF liJ liJ (Name) Judgment was entered for: HTJl1flnl\T ,. R'RVRI!:, T.T.r. Judgment was entered against: (Name) _J.NURT., JOHN D in the amount of $ (Date of Judgment) P./1 "Ijn4 7,7"1 _ 75 on: o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice, (Date & Time) Amount of Judgment $ 5,399.09 Judgment Costs $ 117.00 Interest on Judgment $ 2,235.66 Attorney Fees $ .00 Total $ 7,751. 75 Post Judgment Credits $ Post Judgment Costs $ O Amount of Judgment Subject to Attachmentl42 Pa,C.S, S 8127 $ o Portion of Judgment for physical damages arising out of residential iease $ ------------ ------------ 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 JUDGMENTITRANSCRIPT 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 MLlST 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, AUG 1 3 2004 Date ~Q~.~. , District Justice I certify that this is a true a SEP 2 7 2OO'bate containing the judgment. , District Justice SEAL My commission expires first Monday of January, 2008 ' AOPC 315-03 9/27/04 11:35:17 AM DATE PRINTED: I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. vs. JOHN D. EMANUEL 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: 313 Eutaw Street NEW CUMBERLAND PA 17070 AMATO AND MARGLE, P,C. By: Ronald Amato, Atty 10 #32323 Michael Kennedy, Atty 10 #72412 Michael Lessa, Atty 10 #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No. vs, JOHN D. EMANUEL 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 the 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 Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That John D. Emanuel is over 18 years of age, resides at 313 Eutaw Street, NEW CUMBERLAND PA 17070 and is employed Sworn to and subscribed before me this (, "''-day of 0<-1. 2004 A.D. G.~tA (., <:l( NOTAFt'( PUBUt>-- NOTARIAL SEAL ~_.ICHOENECK = Public IWfO'U1IIl MWI NORTHAMPTON CNTY My r if '"1 n bpi... Mar 21. 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. vs. JOHN D. EMANUEL 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 10"-1 ( ,2004. () A COpy OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. :~a=d1B~ND COUNTY If you have any questions concerning the above, please con~rs' ned. AMATO AND MARGLE, P.C. By: Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, P A 1 801 7 (610) 866-0400 /-~" .-----'>'~' c/' '\ ~\ ' $-.,.., .<). ~S2 ~J r r- ---- ~ ~ - cf ~ ~ ~ " - b ~ ----... ---- -J -" ~ u) '}-- - )- -', </, , ---, ", C> --{:. \ C> \ ,"", ....... U) -- '.. C r ~~ ~ ~ ~ \ C> --f:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No. 04-5100 Civil vs, JOHN D. EMANUEL PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) Defendant(s) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed 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. furnishinQs. equipment. inventorv. tools. vehicles. electronic equipment. anv and all other personal propertv belonQinQ to the above- named defendant(s), (2) against JOHN D. EMANUEL, Defendant(s) (3) and against......... ..................".' ..... ....Garnishee(s} (4) and index this writ (a) against................................. .Defendant(sl and {b} against.....,................................ .Garnishee(s) as a lis pendens against the real property of the defendant(s} in the name of the Garnishee(s) as follows:(Specifically describe the property) (5) Amount Due Statutory Interest From October 11, 2004 $ 7,803.49 $ 287.14 Less Payment Costs Poundage $ 0.00 $ $ Total $ 8,090.63 Date:Mav 19. 2005 AMATO AND MARGLE, P.C. BY:~ Ronald Amato Attorney I.D, No. 32323 Attorneys for Plaintiff Attorney File#: 2034287 s- t, ... + ~ ~ ~ ~ t' iJ l ~ t:~ ~~ . -- B B )-~ J -'<\. Wf\_~ 0- ~...o ~ , lr(}J i> ~()vt() , I -0 - -~?=-- -~ -::. --i/ -'. ,----, G', ..._~ C' t~) .~ ':'~l (~; (:f1 ~-! ~: ~2(~1 - -() C> ,<I) c.... -n r.:::l ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No. 04-5100 Civil vs. JOHN D. EMANUEL CIVIL ACTION Defendant(s) 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: 313 Eutaw Sffee;t (:;ue.. 'v r; ~ NEW CUMBERLAND PA 17070 Dated:Mav 19, 2005 AMATO AND MARGLE, P.C. BY:~ Ronald Amato Attorney 1.0. No. 32323 Attorneys for Plaintiff Attorney File #:2034287 - t t ~ f ~ t-v ~~f f't:5(r u~ f [~ -1 "'I T ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No. 04-5100 Civil vs. JOHN D. EMANUEL CIVIL ACTION Defendant(s) WAIVER OF WATCHMAN 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: May 19, 2005 AMATO AND MARGLE, P.C. BY~ "- Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq" Atty ID #72412 Michael R. Lessa, Esq., Atty 10 #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Attorney File #: 2034287 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse. LLC Plaintiff No. 04-5100 Civil vs. JOHN D. EMANUEL CIVIL ACTION Defendant 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 LEGAL 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. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS ARE LISTED ON THE NEXT PAGE. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: (1) FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING (2) DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. 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 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Hudson & Keyse, LLC Plaintiff No. 04-5100 Civil vs. JOHN D. EMANUEL CIVIL ACTION Defendant(s) CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim 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 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 (b) 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 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 CUMBERLAND COUNTY: South Hanover Street, Carlisle, PA 17013 717-240-6195 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 C) r---' ,C~':) (':-::J (-j'1 r~,) _J ~ c) c~ C;'l. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5100 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due HUDSON & KEYSE, LLC, Plaintiff (s) From JOHN D. EMANUEL, 313 EUTAW AVENUE NEW CUMBERLAND, PA 17070 (I) You are directed to levy upon the property ofthe defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLE, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied upon an subject to allachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $7,803.49 L.L. $.50 Interest STATUTORY INTEREST FROM 10/11/04 - $287.14 Atty's Comm % Due Prothy $1.00 Atty Paid $36.75 Other Costs Plaintiff Paid Date: MAY 27,2005 CURTIS R. LONG (Seal) prothon~ 7t ~ a-, o. [}. 7JJ?/h~ Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND MARGLE, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 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 Certified Mail Postage Garnishee TOTAL So Answers; 18.00 1.14 Advance Costs: 150.00 Sheriffs Costs 57,92 92.08 .50 1.00 17.28 Refunded to Atty on 01120/06 20.00 57.92 Sworn and Subscribed to before me C) -J;, ~~~ R. Thomas Kline, Shtriff; B{~cwAI~L~ (J\ - <::; 6 31~~~~(O), I:: U :[ cJ I I:: r;!,~ 1m ,<,-" .:L~\d3HS , J .jQ JJI.:LiU , JI >.,1:1 r...fl.-5)1'/(,. " Rtv. 17 1'1 'i ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due HUDSON & KEYSE, LLC, Plaintiff (s) From JOHN D. EMANUEL, 313 EUTAW AVENUE; NEW CUMBERLAND, PA 17070 NO 04-5100 Civil CIVIL ACTION - LAW (I) 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 DEFENDANT(S), ACCOUNTS RECEIVABLE, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) You are also directed to attach the property oflbe 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,803.49 L.L. $.50 Interest STATUTORY INTEREST FROM 10111104 - $287.14 Atty's Cornrn % Due Prothy $1.00 Ally Paid $36.75 Plaintiff Paid Other Costs Date: MAY 27, 2005 CURTIS R. LONG (Seal) Prothonotary ~ ~A a..-. 0 .2, 'lr/?/?/L / Deputy , REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND MARGLE, P.e. 107 NORTH COMMERCE WAY BETHLEHEM, P A 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No, 32323