The URL can be used to link to this page

Home My WebLink About05-0316 CARLISLE CEMENT PRODUCTS, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C~~L,[~ os - .JIb : NO. DAVE SHEIBLEY, Defendant CIVIL ACTION PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Dave Sheibley, for the amount of $362. 73 in the above-captioned matter. Respectfully Submitted, Salzmann Hughes, P.c. Date: January 1l, 2005 --- ~ ~ e Issa K.. lJlvely, Esquire Attorney ill No. 36780 455 Phoenix Drive, Suite A Chambersburg, P A 1720 I (717) 263-2121 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. fX-Jll.:> G'u~C-~7 CARLISLE CEMENT PRODUCTS, INC., Plaintiff DAVE SHEIBLEY, Defendant CIVIL ACTION AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF FRANKLIN Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Dave Sheibley, has not appealed the verdict entered against him by District Justice Paula P. Correal on October 18, 2004. ~.... . . Dively, EsqUire Attorney ill No. 36780 Sworn to and supl'.J\ribed to Before me this lI!!:. day of January, 2005. ~~ {\~A Notary Public Notarial Sea Pamela R. Ko,1!.?' Notary f'oJblic Chambersburg 8'.,;0, Fl";Jnk:ir~ COLlnty My CoJ"J'JniS[.;j'Jr) EXi:iJ{;;:, P,:;;J. ~;, 2006 Member, Pennsyl"~niu Associatiorl Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OE': CUMBERLAND Mag. Oist. No.: 09-2-01 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE. PLAINTIFF: .. NAME and ADDRESS !cARLISLE CEMENT PRODUCTS, INC. I 510 E NORTH STREET P.O. BOX 617 ~LISLE, PA 17013 ~ VS. OJ Name: Hon. PAULA P. CORREAL Addco'" 1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 DEFENDANT: IsHEIBLEY, DAVE 67 W NORTH STREET CARLISLE, PA 17013 L Docket No.: CV- 0000334 - 04 Date Filed: 9/10/04 NAME and ADDRESS T",phOOO (717) 240-6564 I ATTORNEY FOR PLAINTIFF : MELISSA K. DIVELY, ESQUIRE 455 PHOENIX DRIVE SUITE A CHAMBERSBURG, PA 17201 ~ . THIS IS TO NOTIFY YOU THAT: Judgment: DEFAm.T JtJDaMRNT PT.TF [!] [!] Judgment was entered for: (Name) r'l!.RT.T!U.'R r''RM'R1II'1' 'PRnnnC'!Tl'I. T1ITC'! Judgment was entered against: (Name) RH'RTFlT.'RY, DAVR in the amount of $ 1/;'- 7'\ on: (Date of Judgment) 10/1R/04 . . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. II 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 306.23 Judgment Costs $ 56.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 362.73 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 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 NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 10-18-04 Date , District Justice 10-18-04 Date ining the judgment. , District Justice I certify that this is a true a My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 10/19/04 8:14:13 AM t p ~ ~ ~~ ~ ~ '- ~ ~ r 2--Cl~ ~ ~ t b R i= ~ o ~ 0 c;;;:;) -n ~: c.T\ '- r: :;..,.,. ~ ---I :L-n fJ1j:::; "m -Ocp r ('::"'1 C) -0 ~ :[.1 :.r.: .;:,. () om c." -\ -:.,. W ~~ ....... $~ CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~ - .6lb Ciu~lCy~ DAVE SHEIBLEY, Defendant CIVIL ACTION (PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (2) Against Dave Sheibley, Defendant: (3) And against N/A ,Gamishee(s): (4) And index this writ (A) Against Dave Sheibley, Defendant (B) Against _N/A (Gamishee(s) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (specifically describe property) Any and all personal property ofthe Defendant, Dave Sheibley, of 67 West North Street, Carlisle, Pennsylvania 17013. (5) Amount due Interest from] 0119/04 to 11] 1105 @6% $ 362.73 $ 5.10 Total $ 367.83 Plus All Costs in Offices OfProthon~ ":~y, Esquire Attorney for Plaintiff Dated:~ NOTE Under paragraph (1) when the writ is directed to the sheriff of another connty as anthorized by Rnle 3103(b). the county shonld be indicated. Under Rule 30 13@ a writ issued on a transferred jndgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 31 04(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3014(b). Paragraph (4) (b) should be completed only if real property in the name ofa garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). ~, N ~ .-r- \\:- 't .~ ~ ?o<;~ '6% ~ ~ ~'(,.> (1.::\ '<{.. ~ rCY l t' kf ~ ~ .(.Q. Vv \J $l..) - - . .D .l.r) f"'.'l Cl ~ VJ }..> c:? C> c~ """"(1 VI \) c...n V') 0- '- :',."" \ I ..-::;,. ~ - p - - '::: -c , ~ -'" " t/? :;) (..,,) - - ~..< ....i ~ - CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DAVE SHEIBLEY, Defendant CIVIL ACTION WRIT OF EXECUTION - NOTICE This paper is a Writ of Execution. It has been issued because there is ajudgment against you. It may cause your property to be held or taken to pay the judgment. You may have 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 $300.00. 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: (a) Fill out the claim form and demand a prompt hearing. (b) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. This and any future communication from our debt collection firm are attempts to collect a debt and information obtained will be used for that purpose. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 (717)249-3166 CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DAVE SHEIBLEY, Defendant CIVIL ACTION MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (I) $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 CLAIM FOR EXEMPTION TO THE SHERIFF: I. The above-named defendant claims exemption of property from levy or attachment: (I) From my personai property in my possession which has been levied upon: (aJ I desire that my $300.00 statutory exemption be: [ ] 1. 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 [ ] III. 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 $300.00 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. {l4904 relating to unsworn falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05.316 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From DAVE SHEIBLEY, 67 WEST NORTH STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (o)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, DAVE SHEIBLEY, OF 67 WEST NORTH STREET, CARLISLE, PA 17013 (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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $362.73 L.L. $.50 Interest FROM 10119/04 TO 1II1105@6% - $5,10 Atty's Comm % Due Prothy $1.110 Atty Paid $36.75 Other Costs Plaintiff Paid Date: JANUARY 14, 2005 (Seal) CURTIS R. LONG prothoA p ~ _____By: O/} a ~ . J? P'~ Deputy REQUESTING PARTY: Name MELISSA K. mVEL Y, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN, P.C. 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, P A 17201 Attorney for: PLAINTIFF Telephone: 717-249-6333 Supreme Court ID No. 36780 CARLISLE CEMENT PRODUCTS, INC. Plaintiff v. DAVE SHEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-316 Civil Term : CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and discontinued against the Defendant, Dave Sheibley, which was filed on January 14,2005 in the amount of$362.73. Date0 - I J- 0 S'" Respectfully submitted, Salzmann Hughes, P.C. By: Melissa K. ively, Esquire Attorney ID No. 36780 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE ~ I hereby certify that on the ~ \ day of March, 2005, I served a true and correct copy of the within Praecipe to Satisfy Judgment via United States Mail, First Class, postage prepaid addressed as follows: Dave Sheibley 67 West North Street Carlisle, PA 17013 Salzmann Hughes, P.C. By: Melissa K. '~ ~--------- - ;'j? ,C.:, -...;::;:--'! ~ fijJ: ~ ~. . R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 7.26 .so 1.00 7.40 20.00 20.00 Pd by Defendant 74.16 So Answers; f~~~1 ~A. Brewbaker Sworn and Subscribed to before me this ,t( day of j.."qt\__ Ad- 2005 A.D. ~~o~~~1i-y ,~ _ ~ Ol):b \1 81 NVr SDDZ \1d 'AHi!!! 'I'. .:i.:illf3HS-J'.li1. ":10 t~'iiJHrlJ ., . ;JJI.:!.:iO H:!J, " ~ - <~~ ~" --' , WRIT OF EXECUTION audlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-316 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From DAVE SHEIBLEY, 67 WEST NORTH STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, DAVE SHEIBLEY, OF 67 WEST NORTH STREET, CARLISLE, PA 17013 (2) You are also directed to attach the property of the defendant(s) not levied upou in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $362.73 L.L. $.50 Interest FROM 10/19104 TO 1111105 @6% - $5.10 Atty's Comm % Atty Paid $36.75 PlaintitTPaid Date: JANUARY 14,2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: [} Deputy REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, HUGHES, & FISHMAN, P.c. 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, P A 17201 Attorney for: PLAINTIFF Telephone: 717-249-6333 Supreme Court ID No. 36780 \..{ J ~Yi 1.-/ 'i,4( 1/ J..I. Q~ . ATTORNEY Melissa Dively WRIT NO. 2005-316 Civil Carlisle Cement Products, Inc. -vs- Dave Sheibley Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary DISTRIBUTION $ 362.73 5.10 36.75 $ 18.00 7.26 .50 1.00 7.40 20.00 20.00 $ 404.58 150.00 1.50 $ 404.58 $ 74.16 $ 478.74 150.00 $ 628.74 So Answers: ?""~,.t:~ I R. Tomas Kline, Sheri2s:f II J B lauC1 Ie-