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HomeMy WebLinkAbout13-1702 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN - WILLIAMS COMPANY Plaintiff No. � _y VS. JAMES DYMSKI and SHAWN MEHOK both d /b /a INTEGRA PAINTING and INTEGRA PAINTING, INC.' CIVIL ACTION Defendant` CD C'7 t� 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 August 21, 2012 against the above -named defendant(s) before District Justice Paula P. Correal, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 3,777.09 Payments 1,350.00 Total $2,427.09 Dated: March 25, 2013 AMATO AND LESSA, P.C. By: chael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM o r'.91 as Q 2120368 � a C" 33 saoS �$ l�� a t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN - WILLIAMS COMPANY Plaintiff No. VS. : JAMES DYMSKI and SHAWN MEHOK both d /b /a INTEGRA PAINTING and INTEGRA PAINTING, INC. CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 5258C Simpson Ferry Rd. Mechanicsburg PA 17050 1 do certify that the precise last known address of the within named defendant is: 5 Glenfield Dr. Mechanicsburg PA 17050 -2677 AMATO AND LESSA, P.C. By: chae 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN- WILLIAMS COMPANY Plaintiff No. VS. JAMES DYMSKI and SHAWN MEHOK both d /b /a INTEGRA PAINTING and INTEGRA PAINTING, INC. 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 James Dymski is over 18 years of age, resides at 5 Glenfield Dr., Mechanicsburg PA 17050 -2677 ; That Shawn Mehok is over 18 years of age, resides at 5 Glenfield Dr., Mechanicsburg PA 17050 -2677. Sworn to and subscribed before mJJ�� thisdla,`day of M� -2013 C NOTARY PUBLIC COMMONW P 11 lA Now" Seel P!k;ty Mkt�eNe C. 8ri9ht�� Y lone 6 non of noTns My MEMBER. pEn =VANL1 ASSOCU COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COdNTY.OF CUMBERLAND Case a . Mag. Dist. No: MDJ-09-3-04 The Sherwin-Williams Company 88617 MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road James Dymski d1b/a Integra Painting, Shawn Suite 110 Mehok d/b/a Integra Painting, Integra Painting, Mechanicsburg, PA 17050 Inc. Telephone: 717-697-2201 The Sherwin-Williams Company 88617 Docket No: MJ-09304-CV-0000226-2012 c/o Amato and Lessa, P.C. Case Filed: 7/3/2012 107 North Commerce Way Bethlehem, PA 18017 Disposition Summary Docket N Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000226-2012 The Sherwin-Williams Company James Dymski d/b/a Integra Default Judgment for Plaintiff 08/21/2012 88617 Painting MJ-09304-CV-0000226-2012 The Sherwin-Williams Company Shawn Mehok d1b/a Integra Default Judgment for Plaintiff 08/21/2012 88617 Painting MJ-09304-CV-0000226-2012 The Sherwin-Williams Company Integra Painting, Inc. Default Judgment for Plaintiff 08/21/2012 88617 Judgment Summary Participant Joint/Several Liability Individual Liabilily Amount Integra Painting. Inc. $3,777.09 $0,00 $3,777.09 James Dymski d/b/a Integra Painting $3,777.09 $0.00 $3,777.09 Shawn Mehok d/b/a Integra Painting $3,777.09 $0.00 $3,777.09 The Sherwin-Williams Company 88617 $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of The Sherwin-Williams Company 88617 vs. James Dymski d/b/a Integra Painting; Shawn Mehok d/b/a Integra Painting; Integra Painting, Inc. on 8/2V2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Am Civil Judgment $3,656.09 $0.00 $3,656.09 Filing Fees $103.00 $0.00 $103.00 Costs $18.00 $0.00 $18.00 Grand Total: $3,777.09 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 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 Senior Magisterial District Judge Paula P. Correal MDJS 315 Page 1 of 3 Printed: 08/21/2012 8:53:36AM Tlte Sherwin- Williams Company 88617 Docket No.: MJ- 09304 -CV- 0000226 -2012 V. James Dymski d/b /a Integra Painting, Shawn t �Mehok d /b /a Integra Painting, Integra Painting, Inc. certify at this is a true and correct copy of e record of e proceeding o ammg e g $- -1 _ Date isterial District Ju ge a 4" Cn t .. ..�. ..�•a •'C l { MDJS 315 Page 2 of 3 Printed: 08/21/2012 8:53:36AM T'he Sherwin- Williams Company 88617 Docket No.: MJ- 09304 -CV- 0000226 -2012 x Y V. Jtimes Dymski d/b /a Integra Painting, Shawn �Mehok d /b /a Integra Painting, Integra Painting, Inc. Participant List Plaintiff(s) The Sherwin- Williams Company 88617 Go Amato and Lessa, P.C. 107 North Commerce Way Bethlehem, PA 18017 Defendant(s) Integra Painting,.Inc:- 5 Glenfield Drive Mechanicsburg, PA 17050 James Dymski d/b /a Integra Painting 5 Glenfield Drive Mechanicsburg, PA 17050 -2677 Shawn Mehok d/b /a Integra Painting _ 5 Glenfield Drive Mechanicsburg, PA 17050 -2677 Complainant's Attorney(s) Michael R. Lessa, Esq. Amato And Lessa, P.C. 107 N. Commerce Way Bethlehem, PA 18017 �F r a 3 3 a k MDJS 315 Page 3 of 3 Printed: 08/21/2012 8:53:36AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN - WILLIAMS COMPANY Plaintiff No. I J 1 VS. JAMES DYMSKI and SHAWN MEHOK both d /b /a INTEGRA PAINTING and INTEGRA PAINTING, INC. 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 $qto OJON Piftil 1 2013. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS /ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY •: Per. If you have any questions concerning the above, please contact the undersigned. AMATO AND LESSA, P.C. By: 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r 11HE SHERWIN-WILLIAMS COMPANY �3: t Plaintiff No. 13-1702 Civil z03� �o = :J cn r- CD VS. co O i PRAECIPE FOR WRIT s-n JAMES DYMSKI and SHAWN MEHOK )> _ both d/b/a INTEGRA PAINTING and n Y r INTEGRA PAINTING INC. EXECUTION 5 Gdenpieldyrr-q (MONEY JUDGMENT} M @CI1GU�i Detettdant(Sj05b l07? 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 defendants) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal oroperty belonging to the above- named defendant(s). (2) against JAMES DYMSKI and SHAWN MEHOK both d/b/a INTEGRA PAINTING and INTEGRA PAINTING INC., Defendant(s) (3) and against........................................Garnishee(s) (4) and index this writ (a) against..................................Defendant(s) 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 $ 2,427.09 Statutory Interest From April 1, 2013 $ 1 .82 s Less Payment $ 0.00 '( c$.5U C13f-- Costs $ 31.a5 Cf3r Poundage $ 69m Total $ 2,428.91 AMATO AND LESSA, P.C. By: Date:April 10. 2013 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 �Q A5 C0 Justin N. Davis, Esq., Atty ID #84464 ,5o LL Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 of 3EWlb0 (610) 866-0400 Ozgz lo5 A DEBT COLLECTION LAW FIRM eft �� Attorney File#: 2120368 wh+' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN-WILLIAMS COMPANY_ ,_, Plaintiff No. 13-1702 Civil 4, -- vs. MM EM rn x� vm JAMES DYMSKI and SHAWN MEHOK --<> co 00 r-a -+CS both d/b/a INTEGRA PAINTING and cc sT INTEGRA PAINTING, INC. >c M CIVIL ACTION v _ C)M Defendant(s) - cn m 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: 5 Glenfield Dr. Mechanicsburg PA 17050-2677 AMATO AND LESSA, P.C. By: Dated:Aoril 10, 2013 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 Attorney File #:2120368 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN-WILLIAMS COMPANY.... . Plaintiff No. 13-1702 Civil VS. o c O 3 w --q s JAMES DYMSKI and SHAWN MEHOK :zm -tea r r both d/b/a INTEGRA PAINTING and ' INTEGRA PAINTING, INC. co o CIVIL ACTION �° m d 9 Defendant(s) do - :;r,� yC �-i Cn i. � csr c 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: April 10, 2013 AMATO AND LESSA, P.C. By: 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 Attorney File #: 2120368 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-1702 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff(s) From JAMES DYMSKI and SHAWN MEHOK both d/b/a INTEGRA PAINTING and INTEGRA PAINTING,INC.,5 Glenfield Drive,Mechanicsburg,PA 17050-2677 (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,euqipment, inventory, tools,vehicles,electronic equipment,any and all other personal property belonging 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: 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$2,427.09 Plaintiff Paid$ Interest from 4/1/13 -- $1.82 Attorney's Comm. % Law Library$.50 Attorney Paid$59.75 Due Prothonotary$2.25 Other Costs$ , Date: 4/18/131t� David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : JUSTIN N.DAVIS,ESQUIRE Address: AMATO AND LESSA,P.C. 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 84464 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith �13 MAY 31 Chief Deputy 2 The Sherwin-Williams Company Case Number VS. 2013-1702 James Dymski (et aL) SHERIFF'S RETURN OF SERVICE 04129/2013 Shawn Gutshall, Deputy Sheriff,who being duly sworn according to law, states that on April 29, 2013 at 1928 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: James Dymski, by making known unto Shawn Mehok, adult in charge, at 5 Glenfield Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, Mehok paid Deputy Gutshall in NOTE: Mehok also stated that Dymski has not been affiliated with the business for 8 years. 04/29/2013 07:28 PM-Shawn Gutshall, Deputy Sheriff,who being duly sworn according to law, states that on April 29,2013 at 1928 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Shawn Mehok, by making known unto Shawn Mehok, at 5 Glenfield Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, Mehok paid Deputy Gutshall in full. 04/29/2013 07:28 PM- Shawn Gutshall, Deputy,who being duly sworn according to law, served a true copy of the within Writ of Execution, upon the defendant,to wit: Integra Painting, Inc., by making known unto Shawn Mehok, adult in charge, at 5 Glenfield Drive, Silver Spring Township, Mechanicsburg, PA 17050-2677, Cumberland County, its contents and at the same time handing to the defendant personally the said true and correct copy of the same. Upon serving the Writ of Execution,defendant paid$2610.79 to Deputy, Shawn Gutshall. 05/31/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law,states this writ is returned SHERIFF COST: $122.13 (PAID BY DEFENDANT) SO ANSWERS, May 31, 2013 RbNtrY R ANDERSON, SHERIFF (C)CountySufte Sheriff,Tojeosoft,Inc, - 0 W,STRtBUTION PLAINTIFF The Sherwin-Williams Company WRIT NO. 2013-1702 The Sherwin-Williams Company Vs James Dymski and Shawn Mehok both d/b/a Integra Painting and Integra Painting, Inc. Real Debt $ 2,427.09 Interest 1.82 Attorney's Comm. Writ Costs,Atty Writ Costs, Pltff. 59.75 Miscellaneous Attorneys Fees TOTAL $ 2,488.66 Sheriffs Costs Docketing $ 18.00 Poundage 48.54 Law Library .50 Prothonotary 2.25 Service Mileage 11.00 Postage 1.84 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 40.00 Not Found Return TOTAL $ 122.13 Defendant Paid to Sheriff $ 2,610.79 Advance Costs 150.00 Total Collected $ 2,760.79 DISTRIBUTION Pd. To Pltff. $ 2,488.66 Refund of Adv. Costs 150.00 Sheriff s Costs 122.13 So An rs: o R. Anderson eriff B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` Y CIVIL ACTION -LAW THE SHERWIN-WILLIAMS COMPANY Plaintiff No. 13-1702 Civil -- vs. N r- a CD `�c� JAMES DYMSKI and SHAWN MEHOK �© ­0. both dlbla INTEGRA PAINTING and mac-} := =7:; INTEGRA PAINTING, INC. � r? ` 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: 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