HomeMy WebLinkAbout02-0812IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant
CIVIL ACTION
NOTICE OF JUDGMENT
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAInSt_T, THE ABOVE-NAMED DEFENDANT(s)
IN THE AMOUNT OF $ ON ~/-E_~ I~' , 2002.
( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN
JUDGMENT IS/ARE ENCLOSED.
PROTHONOTARY - CUMBERLAND COUNTY
If you have any questions concerning the above, please contact the undersigned.
AMATO AND MARGLE P.C.
By: ~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff : No. ~-~--0~/~--,~
:
VS,
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant
CIVIL ACTION
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 October 29, 2001 against the above-named defendant(s) before District
Justice Susan K. Day, as set forth in the transcript of judgment, which is attached hereto.
Assess damages as follows:
Judgment Amount
Post Judgment Interest
(from October 29, 2001 to February 8, 2002
at 6% per annum)
Payments
2,367.21
301.96
300.00
Total
$2,369.17
Dated: February 8, 2002
2011168
AMATO AND MARGLE, P.C.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant
No. C,b
CIVIL ACTION
CERTIFICATION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
c/o Amato and Margle, P.C.
107 North Commerce Way
Bethlehem PA 18017
I do certify that the precise last known address of the within named defendant is:
1161 Harrisburg Pike
CARLISLE PA 17013
AMATO AND . .
By:~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff : No. ~.~ --
:
:
:
PAUL CHERRY, Individually and :
trading as CHERRY'S CUSTOM : CIVIL ACTION
TRUCK ACCESSORIES :
:
:
Defendant(s) :
VS.
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 Paul Cherry is over 18 years of age, resides at 1161 Harrisburg Pike,
CARLISLE PA 17013 and is employed as Cherry's Custom Truck Accessories.
Sworn to and subscribed
before me this /i day
of C¢¢~- 2002 A.D.
NbTAR'~, PUBLIC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag, Dist. No.:
09-3-03
DJ Name: Hon~
SUSAN K. DAY
A00r's*:229 MILL STKEET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone:(717) 486-7672 17065
C/O RONALD AMATO, ESQ.
SUITE 100
107 N. COMMERCE WAY
BETHLEHEM, PA 18017
NOTICE OF ,JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~HE GRAND ROCK CO, INC.
SUITE 100
107 N. COMMERCE WAY
~ETHLEHEM, PA 18017
VS.
DEFENDANT: NAME and ADDRESS
UPAUL CHERRY IND&TA CHERRYS
1161 HARRISBIYRG PIKE
CAELISLE, PA 17013
CUSTOM
Docket No.: CC- 0000242-01
Date F ed: 8/22/01
J
THIS IS TO NOTIFY YOU THAT:
Judgment:
F-~ Judgment was entered for: (Name)
F-~ Judgment was entered against: (Name)
in the amount of $ ~.:~¢;'7_~.1 on:
Defendants are jointly and severally liable.
DRFAULT JUD~ PLTF
(Date of Judgment)
(Date & Time)
Damages will be assessed on:
[~ This case dismissed without prejudice.
~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $.
Levy is stayed for days or ~ generally stayed.
r~ Objection to levy has been filed and hearing will be held:
Amount of Judgment $ 2,270.08
Judgment Costs $ 97 o 13
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2,367.21
$
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date:
Time:
Place:
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~F JUDGMENT~. ANSC?~ 'T FORM WITH YOUR NOTICE OF APPEAL.
/ /,~\
,,///kY/
/0-,?.,9-O/ Date,/%~._"~ / ~J"~'C~'fi"'"'"~..x ~ Y ~ , ~ ~ ,District Justice
II ce~ify that this is a true ~orrect cop~ of the reco~ ~ ~ngs ~ontaining the judgment.
My commission expires first Monday January, SEAL
AOPC 315-99
IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY,'PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC. :
:
Plaintiff : No. 02-812 Civil
VS. .'
:
PAUL CHERRY, Individually and :
trading as CHERRY'S CUSTOM : WRIT OF EXECUTION
TRUCK ACCESSORIES : (MONEY JUDGMENTS)
:
Defendant(s) :
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
To satisfy the judgment, interest and cost against PAUL CHERRY, Individually and
tradin~ as CHERRY'S CUSTOM TRUCK ACCESSORIER, Defendant(s);
(1) You are directed to levy upon the property of the defendant(s) and to sell his, her
(or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived.
(2) You are also directed to attach the property of the defendant not levied upon in the
possession of ....................
..................................................... Garnishee(s)
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 and subject to attachment is found
in the possession of anyone other than the named garnishee(s), you are directed to notify him
that he has been added as a garnishee and is enjoined as above s~ated.
Amount Due
Statutory Interest
From February 14, 2002
$ 2,369.17
$ .36
Less Payments
Costs
Poundage
Total
2,369.53 plus add'l costs
DATED
(SEAL)
Prothonotary - Cumberland County
Court of Common Pleas, Cumberland County
By
Attorney File#: 2011168 Deputy
IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA
CIVIL ACTION - LAW
THEGRAND ROCK CO.,INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant
No. 02-812 Civil
CIVIL ACTION
WRIT OF EXECUTION NOTICF
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 t~300. THERE
ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOMF
OF THE MAJOR EXEMPTIONS ARE LISTED ON THE NEXT PAGF. YOU MAY HAVE OTHER
EXEMPTIONS OR OTHER RIGHTS.
(1)
(2)
IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY:
FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT
HEARING
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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY, *PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant(s)
No. 02-812 Civil
CIVIL ACTION
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:
1161 Harrisburg Pike
CARLISLE PA 17013
Dated:February 15, 2002
AMATO AND MARGLE, P.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
Attorney File #:2011168
IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant(s)
No. 02-812 Civil
CIVIL ACTION
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: February 15, 2002
Attorney File #: 2011168
AMATO AND MARGLE, P.C.
By: ~
0nald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant(s)
No. 02-812 Civil
PRAECIPE FOR WRIT
EXECUTION
(MONEY JUDGMENT)
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, furnishincls, eouipment, inventory, tools,
vehicles, electronic equipment, any and all other personal prol3ertv belonqin.q to the abovo
named defendant(s).
(2) against PAUL CHERRY, Individually andtradinq as CHERRY'S CUSTOM TRUCK
ACCESSORIES, 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
Statutory Interest
From February 14, 2002
Less Payment
Costs
Poundage
Total
$ 2,369.17
$ .36
$ 2,369.53
Date:~ 2002
Attorney File#: 2011168
AMATO AND.,M~GLE, P.C.~,.~
Ronald A'meto-"~
Attorney I.D. No. 32323
Attorneys for Plaintiff
IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY, ~ENN~YLVANIA
CIVIL ACTION - LAW
THE GRAND ROCK CO., INC.
Plaintiff
VS.
PAUL CHERRY, Individually and
trading as CHERRY'S CUSTOM
TRUCK ACCESSORIES
Defendant(s)
No. 02-812 Civil
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 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
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-812 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TIlE GRAND ROCK CO., INC., Plaintiff (s)
From PAUL CHERRY, INDIVIDUALLY AND TRADING AS CHERRY'S CUSTOM TRUCK
ACCESSORIES, 1161 HARRISBURG PIKE, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of 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 OTItER PERSONAL PROPERTY
BELONGING TO THE ABOVE NAMED DEFENDANTS(S)
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 $2,369.17
Interest FROM FEBRUARY 14, 2002 - $.36
Atty's Corem%
Arty Paid $31.75
Plaintiff Paid
Date: FEBRUARY 22, 2002
REQUESTING PARTY:
Name RONALD A~MATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017-8930
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
L.L. $.$0
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
R. Thomas Kline, Sheriff, who being duly sworn accord/rig to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing $ 18.00
Poundage .95
Advertising
Law Library .50
Prothonotary 1.00
Mileage 8.28
Misc.
Surcharge 20.00
Levy
Post Pone Sale
Garnishee
48.73
Advance Costs:
Sheriff's Costs:
Refunded to Arty on
150.00
48.73
101.27
3/27/02'
Sworn and Subscribed to before me
This _d,~ day of
2002A.D....%, .t2 ~, ~ ao,,~,~
Prothonotary
So Ansv~ers.~ .-
R. Thomas Kline, Sheriff
t:/°