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HomeMy WebLinkAbout13-0755IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOWBOOK INC. Plaintiff VJ. RICHARD EMORY d/b/a ON SITE CONSTRUCTION Defendant ~t1/( No. 1 ~ ASS ,-a C... ~ o ~ , - ° i PT~~..:~ C~.u "T7 ., .` ~ `~; ~ " ~ e...... ~ E ~ - ~~~ v CIVIL ACTION rs -# ~~ ~" c~ ~, ~ = ~~ ~ ~~ ~ ~~- , -. ~ :- 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 November 21, 2012 against the above-named defendant(s) before District Justice William I. Maruszczak, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 3,405.17 Payments Total 53,405.17 Dated: January 22, 2013 AMATO AND LESSA, P.C. By: onald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ~ 31 as A DEBT COLLECTION LAW FIRM (~,Iv~~ ~a 2120200 ~.~ a g~~~ ~~~~. , ~~ rn ~,. l~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW YELLOWBOOK INC. Plaintiff vs. RICHARD EMORY d/b/a ON SITE CONSTRUCTION ~ ~SS v ~ No. 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 S 3~1~5.1 ~ ON ~~j , /~(, 2013. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOT Y - BE D COUNT Per: .~ If you have any questions concerning the above, please contact the undersigned. AMATO AND LESSA, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM AFFIDAVIT OF NO APPEAL ~~~~ F~'B 1 ~ (~~ f: ~~ February 12, 2013 u~lt~~~~,~+h'i~ CGl1~dT`,' ~`~'N'NS ~'L.ughJlA YELLOWBOOK INC. vs. RICHARD EMORY d/b/a ON SITE CONSTRUCTION District Justice Docket Number: CV-509-12 As of February 12, 2013, a District Justice appeal has not been filed in the Court of Common Pleas of Montgomery County in the above captioned matter. AMATO AND LESSA, P.C. By: _. ichael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 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 YELLOWBOOK INC. Plaintiff No. vs. . RICHARD EMORY d/b/a . ON SITE CONSTRUCTION CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 2001 Renaissance Blvd KING OF PRSA,PA 19406 I do certify that the precise last known address of the within named defendant is: 47 Old Farm Rd Camp Hill PA 1 701 1-2604 AMATO AN LESSA P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 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 YELLOWBOOK INC. Plaintiff No. vs. RICHARD EMORY d/b/a ON SITE CONSTRUCTION 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 Richard Emory is over 18 years of age, resides at 47 Old Farm Rd, Camp Hill PA 1 701 1-2604 ; .~ Sworn to and subscribed befo`re me this ~4~'`da of •Jtw~- 2013 A.D.~ .. ,. NOTARY PU ;:~~~30N1~VrJ6~;.Tii OF PENNSYLVANIA ______.__~. Notarial Seal ~~tici?e41e ~;., fright, Notary Public alty of Bethlehem, Northampton County My Commission Expires June 6, 2015 `±FMacr """1NS"' `~4N1A ASSOWTION Of NOTARIES ~ 00o7/oou 1~U~G~ Notice of Judgment/Transcript CivilJ(,C,~VI~ Case COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Mag. Dist. No' MDJ-38-1-09 MDJ Name: Honorable William I. Maruszczak Address: 485 South Henderson Road King of Prussia, PA 19406 Telephone: 610-265-3950 MICHAEL LESSA, Esq. AMATO AND ASSOCIATES PC 107 N COMMERCE WAY BETHLEHEM, PA 18017 Disposition Summary Docket No Plaintiff YELLOWBOOK INC. V. RICHARD EMORY D/B/A ON SITE CONSTRUCTION Docket No: MJ-38109-CV-0000500 .-~012~ r°~ _ Case Filed: 8/29/2012 c~ J ~, c.s Irv"! t ~ ,_~.. .arm } ;a "~ t...1 -~ r' ~ ~ ~ .- ~~ C ;~ - Disposition i n `' Judgmentfor Plalntitt `~ 41121 12 w MJ-38108-CV-0000509.2012 YELLOWBOOK INC. RICHARD EMORY DIBlA ON SITE CONSTRUCTION Judgment Summary ~rticipant JointlSeverai Liability lndividual Liabl itv RICHARD EMORY D/B!A ON SITE $0.00 $3,405.17 CONSTRUCTION YELLOWBOOK INC. 50.00 50.00 Am n $3,405.17 $0.00 Judgment Detail (•PoatJuagment) In the matter of YELLOWBOOK INC. vs. RICHARD EMORY D!8/A ON SITE CONSTRUCTION on 11121!2012 the judgment was awarded as follows: Judgment Component.- Joint/Several Liability Individual Liabjjisy Deposit Aoplled un Civil Judgment $0.00 53,288.67 $3,288.67 Costs $0.00 5116.50 $116.50 Grand Total: $3,405.17 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPTFDRM WITH YOUR NOTICE OF APPEAL. EXCEPT A5 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 PLEA5, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY B£ 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. z ~ i~-- Dete Magisterial District Judge William I. Maruszczak ~~"%•;~;a~~~ certr a rs a a rue an come copy o e recur o prole logs con amm gment. Date Magis eriel District Judge 12/04/2012 09:47 FAX 6102658932 MDJS 315 Page 1 of 2 Printed: 12/03/2012 3:32:23PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Y!LLOWBOOK INC. Plaintiff vs. : CIVIL ACTION NO. 13 -755 Civil RICHARD EMORY d /b /a ON SITE CONSTRUCTION 7 SWISS Defend �t�(s) 7 'fl �7D 1/; PNC BANK I1pci C�l'�sGa�r�nishee SIB, flQ Amount Due Interest Payments Costs Poundage : Total $ 3,405.17 $ 238.13 $ 0.00 $ $ 3,643.30 To the Prothonotary of 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, equipment, 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 #, and any account owned solely or in part by the above -named defendant(s), which are in the possession, custody and /or control of said garnishee(s). t ? cP os pal ott& AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 1E1, Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way n L4 350 D?c) Bethlehem, PA 18017 (� (610) 866 -0400 36 36,s6 A DEBT COLLECTION LAW FIRM Attorney File #: 2120200 / r,-/- ol&,:27ssen/ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (.717) 240 -6195 www.ccpa.net YELLOWBOOK INC. Vs. RICHARD EMORY d /b /a ON SITE CONSTRUCTION WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13 -755 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: ff � '' �/ aN 51a To satisfy the judgment, interest and costs against RiO— .Er►na1 `7 �%a . kra .S'tc.$s LPp eZrrtp !-� -On to l as.AcLik + lrj (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS ,EQUIPMENT,INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, 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 PNC BANK GARNISHEE(S), as garnishee, 1104 CARLISLE ROAD, SUITE 170, CAMP HILL, PA 17011 (Specifically describe property) and to notify the garnishee that ALL PROPERTY OF THE ABOVE -NAMED DEFENDANT(S), INCLUDING, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKE 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 #, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE -NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND /OR CONTROL OF SAID GARNISHEE. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include 1 (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,405.17 Interest $238.13 Attorney's Comm. % Attorney Paid $60.25 Date: 3/31/14 . (.St..i)- .1 - REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610- 866 -0400 Supreme Court ID No. 88617 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs &„zeb David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 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 2 7. Certain insurance proceeds O. Such other exemptions as may be provided by law Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • 7��--�' ' 70/4 APR /I NM01/0� ' CIRIBPENNSYLVANIA ERL AND COUNTY OF:FICE OF THE EHERIFP Yellowbook Inc. vs. Richard Emory (et al.) Case Number SHERIFF'S RN OF SERVICE 0407/2014 03:17 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Vice President, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution a made the contents there of known to her. INE, DEPUTY SO ANSWERS, April 08, 2014 RON R ANDERSON SHERIFF YELLOWBOOK INC., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD EMORY d/b/a ON SITE CONSTRUCTION, DEFENDANT : 13-755 CIVIL TERM AND NOW, this 104 ORDER OF COURT day of May, 2014, upon consideration of Defendant's Claim for Exemption, a hearing shall commence at 1:30 p.m., Monday, May 12, 2014, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Maslarid, J. hael R. Lessa, Esquire 107 North Commerce Way Bethlehem, PA 18017 For Plaintiff Richard Emory 48 Sussex Road Camp Hill, PA 17011 Claimant � I PCO PNC Bank 105 Noble Blvd Carlisle, PA 17013 JCL _� II Sharon R. Lantz, Sheriffs Office - sscL JCLis�-, :sal Ccs • 4E.s frta i lcci . 5/18M Zrn�" 1'rl RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 May 7, 2014 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 RICHARD W. STEWART Solicitor Enclosed please find a Claim for Exemption, pertaining to Cumberland County Civil Case Number 13-755, filed by Richard Emory, which was received in the Cumberland County Sheriff's Office on this date. Please note that there was both a bank garnishment AND a personal property levy done in this case. If a hearing is scheduled, please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. Involved Parties: Michael Lessa, Attorney for Plaintiff Amato and Lessa, P.C. 107 N Commerce Way Bethlehem, PA 18017 610-866-0400 Richard Emory, Claimant 48 Sussex Road, Camp Hill, PA 17011 717-943-5251 Sharon R. Lantz Staff Assistant 1 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOWBOOK INC. Plaintiff VS. : No. 13-755 Civil RICHARD EMORY d/b/a • ON SITE CONSTRUCTION Defendant(s) : CIVIL ACTION 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 exernption): e0. check ct a o r un ey►v i o ,rn e eAS TIon On; t su7,7or clr,c( f ( war k omit rvtos ► y (2) From m i property which is in the possession of a third party, I claim .the r1 y oc,3 v following exemptions: ewe roe 5 (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 y iv5Rc2 f t9c, 17e1 i i (Address), 7/7 -9e/3 -5'2Y I .(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_pe alties of 1B, a.C.S. § 4904 relating to unsworn falsification to authorities. Date: 5-' S_ 20 if ,t1 so i Defe,`bant THIS CLAIM TO BE FILED ITH THE OFFICE OF THE SHERIFF OF CU ERLAND COUNTY: One Courthouse Sq., Carlisle, PA 17013 717/240—(0390. Care i w;(( T owe f413/000 -(, r Ct CJi)y- Ill w00ta 1\kms iT oh ry7y A41,13)-1 c) c.300. o c) c) .5 ; A �- L4.+ r -1-15 w1y r e -+0 trk YELLOWBOOK, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff V. RICHARD EMORY d/b/a ON SITE CONSTRUCTION, Defendant . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 13-0755 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of May, 2014, the defendant and plaintiff having both defendant's claim for merely that defendant failed to appear for the hearing on exemption, we dismiss the claim and note is statute under 42 Pa.C.S. ✓ Michael R. Lessa, Esquire 107 North Commerce Way Bethlehem, PA 18017 For Plaintiff ✓ ichard Emory 48 Sussex Road Camp Hill, PA 17011 �NC Bank 105 Noble Blvd. Carlisle, PA 17013 entitled to the exemptions provided by Sections 8123 and 8124. By the Court, Sharon Lantz, Sheriff's Office prs frii.(541 -r%iN//y Ca C) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOWBOOK INC. Plaintiff vs. : No. 13 -755 Civil RICHARD EMORY d /b /a ON SITE CONSTRUCTION Defendant(s) Garnishee PRAECIPE TO DISCONTINUE AGAINST GARNISHEE PNC BANK : CIVIL ACTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above - captioned matter against PNC BANK, Garnishee, ONLY, without prejudice. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM bk, 3saass att- SOS 8�7 • RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy To Whom It May Concern: potty 4f Qu1rJj 1 jtd OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 FILED -OFFICE OF THE PROTHONOTARY 20 14 MAY 1 9 A 1C ARDA. STEWART CUMBERLAND COUNIs/icitor PENNSYLVANIA May19, 2014 Yellowbook, Inc. vs Richard Emory d/b/a On Site Construction Writ No. 2013-755 Property Claim Determination Reference is made to Property Claim received May 8, 2014, entered by Diana K. Kinavey, Cumberland County Writ No. 13-755, Yellowbook, Inc., vs Richard Emory d/b/a On Site Construction. Ronny R. Anderson, Sheriff, has determined that the claimant, Diana K. Kinavey, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Diana K. Kinavey, Claimant Richard Emory, Defendant Michael Lessa, Attorney for Plaintiff Yellowbook, Inc. VS NOTICE OF PROPERTY CLAIM In the Court of Common Pleas Cumberland County, Pennsylvania Richard Emory Writ of Execution No. 2014-755 d/b/a On Site Construction TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Diana K. Kinavey, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 05-08-14 Cc Diana K. Kinavey, Claimant Richard Emory, Defendant Michael Lessa, Attorney for Plaintiff Sh ' Y'. f Cumberland County ' PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. / -- l `t!>I/ qff/ &',L la©k Ing a eie ,Av Es f3n.,ry d/6/ TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE oZ LaiDdede , /Def). on 3 � / ((r5u 7/&7 7;./t L3/ Q'f'e',-) sky i eC) 0eadPn 4recse e l ,1/,%t- St4/11 39c_ o0 7s 6v / SGturp reieUZ...‹,B $1. /z9-1), O /S ei„ndv, SOS .4- res e2 SD0 -o O—cee ,. S/eoQ (J4 ?so // v o C-1-:& shi?te4-Iram( 3 0 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: VLA j s, ,A e \s- 1114 frf Date O — 4 7- %/ State of Pennsylvania: County of Cumberland Claimant above list in the property claim are correct and true. Sworn and subscribed to before me This .7 day of Public /:9 duly sworn according to law, deposes and says that the „y/6..r- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Richard S. Conklin III, Notary Public Lemoyne Boro, Cumberland 2County 20 7 My Commission Expires MEMBER. PFNNS`I YANIA ASSOCIATION OF NOTARIES Instruction Checklist: LEVY FORM 1. Explain Execution " 2. Explain Levy • - -3 Explain Time Limitations 4. Explain Sheriff's Posting 5. Explain Property Claims 6. Defendant can't move, giveaway, sell, barter or take out of the County of Cumberland 7. Penalties for non compliance to laws fi G /)mrd �ra►k a' r y Defend t /Le PhonA# q 5y5e y Uc` J;/( t‘G_ /7v// Address 20 13 -1-733 Civil Number /3 '1 Date Served 3---3j J L Deputies Names Weapons Make: Make: Model: Cal/Ga Model: Cal/Ga Serial: Serial: Make: Make: Model: Cal/GA Model: Cal/Ga Serial: Serial: Make: Model: Serial: Thi n Vie: Cal/GA Model: Cal/Ga Serial: Kitchen Table Chairs Coffee pot�6T. Refrigerator -0o S idaiee„. Stove-Elec/Gas Microwave‘ M toe Toaster X/ fc;4Ae/S, r,( Pots/Pans /m ,S c , Utensils / }-Ce. . /'a LC/,ey %`Ci-%J/Pg 3 o!- w es /.e7''c`/ ste,y",a6 Item L R Description F R Description Sofa / Scar/ vr, ed Loveseat Recliner Chairs End Table a WD o des- Of e l 'e Pictures ,f Lamps 3 Television / eun fijt 47,-, Stereo Computer Printer DVD Game System Telephone . , 5 Table Buffet Dining Room Chairs Hutch 6-1,4- Miscellaneous Washer C .— Dryer 0 6 44,d- di oQ • r' CP G_Y /� c (�sJ, & Z O wp,c /4 4ime e / GU t el / 5f4 s 5A- c ,L>1,"/P s ettita / !A �%> ��� Z 4 � mare to and S scribed before me -4&-day of 20 I A, Si th s Notary Pu' is L Item Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Vehicles, ATV's, Boats, Ect Bed /Eerei_e. e ,-) s/ y / de,eye/ ho.etp 4/d kt., ace- Make: -boace Dresser A la) oef er) i4),erikign j)"2/sc - ZY Tag: .5---1'-'2. (a no_5" Nightstand / ' 0 ' /•-•% C...64 i _Sa....1.4..) • Model: Ur-a/V C 0 Chairs Vin: j i i g qg 2.9.4 c iii4.1 Lamps r Condition: Pictures , ._ Television Sic 0 0 Ao__Iii , Make: DVD Player /7 Cl • ,..- Tag: Stereo Model: Game System Vin: Telephone Condition: / q'trt",fiy ‹e_.aele a / d/Irse e Make: Tag: Model: Vin: Condition: Garage Shed Miscellaneous (,-2. rc e d_, c A el. --f 1,7. 54 c cans t /a ia 7'4, eVS' /7,4 / e_ I / Gc2.E.74-G-4? h ©s ,.., / de,eye/ ho.etp 4/d kt., ace- / Cee/e‘C / CT .b/a j)"2/sc - ZY /"..,,_se i 7i I $' ' 0 ' /•-•% C...64 i _Sa....1.4..) r , , ._ • i. a , ; - Cl • ,..- •.: ,.:-.) . _ — — 51? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SHERIFF'SSolicitor ^���U����������� OFFICE "~°~~ OF CUMBERLAND COUNTY . , ot -oa mco zcn mr <c� "P•o ocncE or, THE vfERIFT -o c� Cr‘ Yellowbook Inc. vs. Richard Emory (et al.) Case Number 2013-755 SHERIFF'S RETURN OF SERVICE 04/07/2014 03:17 pK8_WiUiam C|ine. Deputy, who being duly sworn according to Iaw, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Vice President, 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. 04/23/2014 08:20 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Diana Kinavey, mother, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Richard Emory at 48 Sussex Rd, Lower Allen Township, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. Writ of execution and wrnotice mailed to defendant on 04-25-14 to Richard Emory at 48 Sussex Road, Camp Hill, PA 17011. 04/23/2014 08:20 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Diana Kinavey, mother, who accepted as "Adult Person inCharge" for the within named Defendant, to wit: On Site Construction at 48 Sussex Road, Lower Allen Township, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. Writ of execution and writ notice mailed to defendant on 04-25-14 at On Site Construction, 48 Sussex Road, Camp Hill, R417O11. 06807/2014 Claim for exemption fHed this date by defendant Richard Emory. Taken to Court Administration to schedule hearing. 0508/2014 ORDER OF COURT - And now this 8th day of May, 2014, upon consideration of Defendant's Claim for Exemption, a hearing shall commence at 1:30 p.m., Monday, May 12, 2014, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, Judge 0508/2014 On May 08, 2014, a proclaim was received in the Cumberland County Sheriff's Office filed by Diana K.Kinovey.All parties nodfiodbymail this date. 05/12/2014 ORDER OF COURT And now, this 12th day of May, 2014, the defendant and plaintiff having both failed to appear for the hearing on defndark'sdaimforexamphon.wedinmiaa8hedaimandnotemenylythsddohandantio entitled to the exemptions provided by statute under 42 Pa. C.S. Sections 8123 and 8124. Bythe Court, ��'�]�~ ��' & ��� -^' A|bodH.PNas|and.Judge '~��r � "'.. /w^/ 9p'- e /��� 313 91/3 05/19/2014 Reference is made to Property Claim received May 8, 2014, entered by Diana K. Kinavey, Writ of Execution No. 2013-755, Yellowbook, Inc., vs Richard Emory d/b/a On Site Construction. Ronny R Anderson, Sheriff, has determined that the claimant, Diana K. Kinavey, in the above mentioned property claim, is the owner of the property set forth in the claim. 05/30/2014 No objections filed in this case; refunding $ 25.00 back to claimant. Writ stays open; property remains. 09/29/2014 08:15 PM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 48 Sussex Rd, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 10/27/2014 Property sale scheduled for 10-30-14 is CANCELLED at request of plaintiff's attorney. 11/25/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiffs attorney directly. SHERIFF COST: $288.92 November 25, 2014 (c) CountySuiio Sheriff, Teleosoft, Inc. SO ANSWERS, RONNY R ANDERSON, SHERIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOWBOOK INC. Plaintiff VS. RICHARD EMORY d/b/a ON SITE CONSTRUCTION Defendant(s) : No. 13-755 Civil : CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above -captioned case. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 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 YELLOWBOOK INC. Plaintiff vs. : No. 13-755 Civil RICHARD EIVIORY d/b/a ON SITE CONSTRUCTION : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Praecipe to Satisfy Judgment was served via first class mail, postage prepaid on December On Site Construction 48 Sussex Rd. Camp Hill PA 17011 i0 2014, upon: AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM