HomeMy WebLinkAbout02-0780COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUL~EE. LAND
Mag, Dist. No.:
09 -3 -03
DJ Name: Hon.
SUS21~' K. DAY
A~dress: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Te,epnone: (717) 486'7672 17065
ADAMS &ADAMS, PTHS.
901 HILLSIDE DR.
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
[-~ Judgment entered for:
WaS
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
F-ADAMS & ADAMS, PTHS · 'q
901 HILLSIDE DR.
CARLISLE, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
~SERA, JAMES -]
315 N. BALTIMORE AVE.
MT. HOLLY SPRINGS, PA 17065
Docket No.: LT-0000287-011
Date Filed: 9/17/01
J
FOR PLAINTIFF
(Name) ADAMS & ADAMS, PTRS.
Judgment was entered against SEI~.A~ JAMES in a
~ Landlord/Tenant action in the amount of $ 905.73 on 9/28/01 . (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ 415.00.
The total amount of the Security Deposit is $ .00
Rent in Arrears
Physical Damages Leasehold Property $
Damages/Unjust Detention $
Total Amounts Established ~J. 0~es_.s~Security Deposit ApEILed. u~ :: $ AdjudicatedsA3r~°.uDt"uu
$ .00
~] Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
~] This case dismissed without prejudice.
~'] Possession granted.
.00 -$ .00 =
.o0-$ .oo = $ .oo
Less Amt Due Defendant from Cross Complaint - $ . O0
Interest (if provided by lease) $ . O0
L./T Judgment Amount $~
Judgment Costs $ 7~; - 73
Attorney Fees $ _ o o
Total Judgment $ 905.73
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
not satisfied Dy t~me et ewct~on.
J--]Defendants are jointly and severally liable.
~'~ Possession granted if money judgment
~ Possession not granted.
Levy is stayed for days or ~ generally stayed.
--1 Objection to Levy has been filed and hearing will be held:
Date:
Time:
Place:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY' JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON ~'~b CIVIL DIVISION. .~
THE PARTY FLUNG AN APPEAL M,~/INC~~/U,~GMENTrrRANSCRiPT FORI~%VITH THE NOTICE OF APPEALq_Z~...~,~. Date- ~/ / , District Justice
I certify that this is a true and~or ,i~Sff--ee~y~of the recor..d'~l/[J:~ p~¢~.e',dings containing the judgment.
~ Date (';~_, District Justice
~,yc.c~o~?ssion expires first ,v~naa~,-~,~anuary, 300~. f SEAL
ADAMS & ADAMS PARTNERS,
Plaintiff,
JAMES SERA, a/k/a
JAMES F. SERA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-780 CIVIL
CIVIL ACTION-LAW
/[~/(~ INTERROGATORIES IN ATTACHMENT
TO: Waypoint Bank
449 Eisenhower Blvd
Harrisburg, Pennsylvania 17111
You are required to file answers to the following interrogatories with twenty (20) days
after service upon you. Failure to do so may result in judgment 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
~/¢~ C~¼¢c~v-,~ ~e-co~n-p,~ IOO5
for any reason9 -- - -
2. At the t~me you were served or at any suosequent 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 o£any nature owe, ed solely o~_in part b~' the de£endant9
3. At the time you were served or at any time subsequent time did you hold legal title
to any property of any nature owned solely o~ in part by the defendant or in which defendant had
any interest? ~01 PdO/O~---- ~-o /h)/
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.'? ~JO A JO'7"' ~ oh)/ /<~t~ovot.~U~-~;
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? DOI ~h>~'('' 7'~ I'~y ~00 vol., ~_ b~'
6. At any time after you were served did you pay, transfer or deliver any money or
propert~ to the defendant or to any person or place pursuant to the defendant's direction or
otherwise discharge any claim of the defendant against you? ~0 !/00~" 7~ my ~'~M 0 I~ C ~
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dave/adams/interrogatories.sera
ADAMS & ADAMS PARTNERS'
plaintiff,
lAMES SERA' a/k/a
JAMES F. SERA,
Defendant.
IN THE coURT OF coMMON PLEAS OF
CUMBEKL^ND coUNTY, pENN SYLVANIA
NO. 02-780 cNIL
CIVIL ACTION-LAW
WRIT OF EXECUTION
NOTICE
It has been issued because there is a judgment against
This paper is a Writ of Execution. or taken to pay the judgment. You may have legal
your property to be held A lawyer can advise you more specifically of
you. It may cause ~.~,, from being taken.
rights to prevent your prop~,,~ · ~,~ ,,GU must act promptly.
If you,Msh to exercise your ngnt~,, ~mP~oe2j~:~dmt:~
these rights, ro-erty cannot be taken.. ~ ;e
-ovides that certmn. P vi %00 There are omc have other
The law pr .... omlmOn m * ' of the major exemptions. Y°u may
exempt There is a debtOr u ~* ~ of some
applicable to you.. i~a~t~d is a suro_mary ti.. (1) Fill out the attached
exemptions or o~er ~ ' . the following promP Y~,u i, the Sheriff's
_ ~ml~tion, you sr~o.uld d,o~t~ Deliver the form or m~ .... to
l~ you have mx
--d demanu ~'-" - court
claim fon~ ua, explain your exemption. If you do not come to
O~ce at the address noted.
should come to court ready to of your propertY. AT oNCE. IF yOU DO
You 'on, you may lose some
and prove your exempU -, ~-~ TO yoUR LA~ ~WY~I5R TELEPI-IOEE, ,~p~
Cumberland County Bar AssociaUon
2 Liberty Avenue
Carlisle, pennsylvania 1U013
(717) 249 -3166
ADAMS & ADAMS PARTNERS,
Plaintiff,
JAMES SERA, a/k/a
JAMES F. SERA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-780 CIVIL
CIVIL ACTION-LAW
~?.g,~ INTERROGATORIES IN ATTACHMENT
TO: Waypoint Bank
449 Eisenhower Blvd
Harrisburg, Pennsylvania 17111
You are required to file answers to the following interrogatories with twenty (20) days
after service upon you. Failure to do so may result in judgment 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.
2. At the time you were served or at any subsequent time was there in your
possession, custody or controI 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 bE the defendant?
gO~ MOT-"'T-o r~ K~ovoL~D6ff~. '
3. At the time you were served or at any time 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 had
any interest?
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? ~JO
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? ~01 tO0'1'- '[~ t~ ~0 ~ol.,
6. At any time after you were served did you pay, transfer or deliver any money or
propert~ to the defendant or to any person or place pursuant to the defendant's direction or
otherwise discharge any claim of the defendant against you?
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dave/adams/interrogatories.sera
ADAMS & ADAMS PARTNERS,
Plaintiff,
JAMES SERA, a/k/a
JAMES F. SERA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-780 CIVIL
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 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. 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 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
2.
3.
4.
5.
6.
7.
8.
MAJOR EXEMPTIONS UNDER
PENNSYLVANIA AND
FEDERAL LAW
$300 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
ADAMS & ADAMS PARTNERS,
Plaintiff,
JAMES SERA, a/k/a
JAMES F. SERA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-780 CIVIL
CIVIL ACTION-LAW
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):
(b)
(ii)
paid in cash following the sale of the property levied upon;
or
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;
property):
in kind (specify
(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 heating
should be given to me at
(address)
(telephone number)
I verify that the statements made in the foregoing Claim for Exemption are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
(Defendant)
Dated:
WRIT OF EXECUTION and/or ATTACHMENT
COMMONW"EALTH OF PENNSYLVANIA) NO 02-780 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADAMS & ADAMS, PARTNERS PLANTIFF(S)
From JAMES SERA 315 N. BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065
(1) You are directed to levy upon the property of the defendant(s) and to sell PERSONAL PROPERTY
LOCATED AT 315 N. BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of WAYPOINT BANK
GARNISHEE(S) as follows:
CHECKING ACCOUNT WITH WAYPOINT BANK TO ACCOUNT #100342658 AND ANY
OTHER ACCOUNTS OF DEFENDANTS
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi-om
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 pr°perry of the defendant(s) not levied upon an subject to attaclanent is found in the possessiun
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 DueS905.73 L.L.$.50
Interest
Atty's Comm % Due Prothy $1.00
Atty Paid $18.00 Other Costs
Plaintiff Paid 14.25
Date: MARCH 15, 2002
REQUESTING PARTY:
Name DAVID A. BARIC
Address: 17 W. SOUTH ST.
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
CURTIS R. LONG
Prothonotary, Civil Division
By:
TRUE COPY FROM RECORD
In Testimony wl~ereof, I here unto set my bane
and tho seaJ of said Court at Car~sle. Pa.
.... ¢¢~A,~ 2:-,J~, ~
/ Prothon~af~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-780 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADAMS & ADAMS, PARTNERS PLANTIFF(S)
From JAMES SERA 315 N. BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065
(1) You are directed to levy upon the property of the defendant(s) and to sell PERSONAL PROPERTY
LOCATED AT 315 N. BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065
(2) Y°u are also directed to attach the property of the defendant(s) not levied upon in the possession
of WAYPOINT BANK
GARNISHEE(S) as follows:
CHECKING ACCOUNT WITH WAYPOINT BANK TO ACCOUNT #100342658 AND ANY
OTHER ACCOUNTS OF DEFENDANTS
and.to notify the gamishae(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
payang any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If pr°perry °f the defendant(s) nnt levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/hat that he/she has been added as a
garnishee and is enjoined as above stated.
Amount DueS905.73 L.L.$.50
Interest
Atty's Corem % Due Prothy $1.00
Atty Paid $18.00 Other Costs
PlaintiffPaid 14.25
Date: MARCH 15, 2002
REQUESTiNG PARTY:
Name DAVID A. BARIC
Address: 17 W. SOUTH ST.
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 71%249-6873
Supreme Court ID No. 44853
CURTIS R. LONG
Prothonotary, Civil Division
R. Thomas Kline, who being duly sworn according to law, states that a Sheriff's Sale of personal
property was held on April 30, 2002, at which time one 1984 Dodge Custom 150 Track, Yellow
in color, Vin. No. 1B7FD14EXBS109731, Reg. No. VW01402 and its contents were sold to
Adams and Adams, Partners, for the sum of $1.00, it being the highest bid and best price quoted
for the same. Date and Time of Sale, Tuesday April, 30, 2002 at 3:00 P.M.E.D.S.T., at, 315
North Baltimore Avenue, Apartment No. 1, Mount Holly Springs, Pennsylvan/a 17065. This
writ is returned STAYED, as per instructions from attorney.
Sheriff's Costs:
Docketing $ 18.00
Poundage 18.11
Advertising 10.00
Law Library .50
Prothonotary 1.00
Milage 13.11
Garnishee 9.00
Surcharge 30.00
Levy 40.00
139.72
Advance C~sts: 155.74
Sheriff's Costs: 139.72
16.02
Refunded to Attorney on 5/20/02
Sworn and Subscribed to before me
this ~/~qlay ~
2002A.D. , ~
'Prothonotary
R. Thomas Kline,
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2002-780 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON TUESDAY THE 30TM
DAY OF APRIL 2002 AT 3:00 P.M., THE PROPERTY OF JAMES SERA, AT, 315
N. BALTIMORE AVE, APT NO. 1, MOUNT HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
1984 DODGE CUSTOM 150 TRUCK
YELLOW
REG. NO. VW01402
VIN. NO. 1B7FD14EXB5109731
SOFA
COFFEE TABLE
MISC. LAMPS
VCR (WESTINGHOUSE)
STEREO (PIONEER)
TELEPHONES (2)
DINETTE TABLE W/2 CHAIRS
POTS/PANS
DRYER (GENERAL ELECTRIC)
COFFEE POT (BUN)
BED
NIGHT STAND
MISC. HAND TOOLS
MISC. CHAIRS
END TABLE
TELEVISION (SANYO)
DESK
ANSWERING MACHINE
WORD PROCESSOR (BROTHER)
UTENSILS
WASHER
BLENDER (OSTERIZER)
TOASTER
DRESSER
RADIO (GE)
MISC. FISHING RODS
SMALL AIR COMPRESSER (BLACK & DECKER)
OSCILLATING FANS JUICER
ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(c)
THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 3'~ DAY OF MAY 2002 NOT LATER THAN FIVE (5) DAYS
AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF JAMES
SERA, 315 N. BALTIMORE AVE, APT. NO. !, MOUNT HOLLY SPRINGS,
CUMBERLAND COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
CUMBERLA1N~ COUNTY
SHERIFF'S OFFICE
CARLISLE, PA 17013
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that due and legal notice having been given according to law,
he sold 1984 Dodge Custom 150 Truck, Yellow in Color, Reg. No. VW01402
Vin. No. 1B7FD14EXB5109731, and other personal property to,
Adams & Adams, Partners, 901 Hillside Drive, Carlisle, PA 17013,
for the sum of $ 1.O0, it being the highest bid and price quoted for
the same. Date and Time of Sale, Tuesday, April 30, 2002 at
3:00 P.M.E.D.S.T., at 315 North BJltimore Ave, Apt. No. 1, Mount
Holly Springs, Pennsylvania.
Sworn and Subscribed to before me So A~m~e~/~;
this ~1 day of /~-Cz~
777 , /q ~ J ~ , //R. Thomas Kline, Sheriff
2002 A.D. [ '2~,,~a ~ ~9~
~OT~ PUBLIC
[ CLAUDIA A. BREWBAKER NOTARY PUBLIC [
/ Carlisle Boro, Cumberland County
~ MyCommission ExpiresApril 4, 2005 ~