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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:/°