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HomeMy WebLinkAbout14-2523 1 a THE LAW OFFICES OF GREGORY S. SHIELDS W BY: Gregory S. Shields Attorney for Plaintiffs,, gshieIds @gshieIdslaw.com Equipment Depot Ltd. Cn- I.D. No. 202477 524 N. Providence Road, Ste. 201 Media, PA 19063 (484) 843 -1554 EQUIPMENT DEPOT LTD. CUMBLERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL ACTION - LAW COVERALL CONSTRUCTION, INC. H Defendant. No.: - p� PRAECIPE TO TRANSFER JUDGMENT To the Prothonotary: Kindly transfer the attached judgment in the amount of $9,024.18 from the Court of Common Pleas of Dauphin County, docket number 2014 -CV- 02625 -NT. LAW OFFICES OF GREGORY S. SHIELDS C fi� Gregory S(S ields Attorney fo laintiff, Equipment Depot, Ltd. Date: April 18, 2014 c� Date: 4/14_/2014 , Dauphin County User: TSULTZABER TimN04:04 Complete Case History Page 1 of 2 Case: 2014 -CV- 02625 -NT Equipment Depotvs.Coverall Construction Inc Filed: 3/25/2014 Subtype: Notes Physical File: Y Appealed: N Comment: Status History Pending 3/25/2014 Pending / Judgment 3/25/2014 Judge History Date Judge Reason for Removal 3/25/2014 No Judge, Current Payments Receipt Date Type Amount Law Office of Gregory S. Shield: 313133 3/25/2014 Civil Filing 66.00 Total 66.00 Plaintiff Name: Equipment Depot SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Shields, Gregory S (Primary attorney) Send Notices Defendant Name: Coverall Construction Inc SSN: Address: DOB: Sex: Phone` Home: Work: Employer: Send notices: Y Litigant Type: Comment: Other Party Name: Pennsylvania State Employees Credit Union - Garn SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Party type: Comment: Register of Actions 3/25/2014 New Civil Case Filed This Date. No Judge, Date: 4/14/2014 , Dauphin County User: TSULTZABER Time` 04:04 PM Complete Case History Page 2 of 2 Case: 2014 -CV- 02625 -NT Equipment Depotvs.Coverall Construction Inc Register of Actions 3/25/2014 Filing: Foreign Judgment Paid by: Law No Judge, Office of Gregory S. Shields Receipt number: 0313133 Dated: 3/25/2014 Amount: $28.25 (Check) For: Equipment Depot (plaintiff) Filing: Writ of Execution Paid by: Law No Judge, Office of Gregory S. Shields Receipt number: 0313133 Dated: 3/25/2014 Amount: $37.75 (Check) For: Equipment Depot (plaintiff) Plaintiff: Equipment Depot Attorney of No Judge, Record: Gregory S Shields Writ of Execution No Judge, Garnishee - Pennsylvania State Employees Credit Union Sheriff - Dauphin County Amount Due $9,024.18 + costs. See Praecipe, filed. Interrogatories, filed. No Judge, Foreign Judgment from the State of No Judge, Texas, County of Dallas entered in favor of Plaintiff(s) and against Defendant(s) in the sum of $9024.18, plus costs, filed 9:04 a.m. All documents mailed. 4/1/2014 Answers to Interrogatories, filed. No Judge, Judgment Order date In Favor Of Disposition Judgment 03/25/2014 Plaintiff 03/25/2014 Open Writ of Execution Comment: 9024.18 Plaintiff: Equipment Depot Defendant: Coverall Construction Inc Judgment Order date In Favor Of Disposition Judgment 03/25/2014 Plaintiff 03/25/2014 Open Writ of Execution Comment: 9024.18 Plaintiff: Equipment Depot Other Party: Pennsylvania State Employees Credit Union - Garn Judgment Order date In Favor Of Disposition Judgment 03/25/2014 Plaintiff 03/25/2014 Open Foreign Judgment Comment: 9024.18 Plaintiff: Equipment Depot Def -overa , .zA that I her 1 } t true corret copy f t r inakfiled. Protho (.1AwK�✓ Date: 4/14/2014 , Dauphin County User: TSULTZABER Time 04:04 PM ROA Report Page 1 of . 1 Case: 2014-CV-02625-NT Current Judge: No Judge Equipment Depotvs. Coverall Construction Inc Notes Date Judge 3/25/2014 New Civil Case Filed This Date. No Judge Filing: Foreign Judgment Paid by: Law Office of Gregory S. Shields No Judge Receipt number: 0313133 Dated: 3/25/2014 Amount: $28.25 (Check) For: Equipment Depot (plaintiff) Filing: Writ of Execution Paid by: Law Office of Gregory S. Shields No Judge Receipt number: 0313133 Dated: 3/25/2014 Amount: $37.75 (Check) For: Equipment Depot (plaintiff) Plaintiff: Equipment Depot Attorney of Record: Gregory S Shields No Judge Writ of Execution No Judge Garnishee - Pennsylvania State Employees Credit Union Sheriff - Dauphin County Amount Due $9,024.18 + costs. See Praecipe, filed. Interrogatories, filed. No Judge Foreign Judgment from the State of Texas, County of Dallas entered in No Judge favor of Plaintiff(s) and against Defendant(s) in the sum of $9024.18, plus costs, filed 9:04 a.m. All documents mailed. 4/1/2014 Answers to Interrogatories, filed. No Judge A f f CCocs. InM. & EQUIPMENTDEPOT, LTD. IN THE COURT OF COMMON PLEAS 741 Independence Ave. OF DAUPHIN COUNTY, PENNSYLVANIA Mechanicsburg, PA 17055 PLAINTIFF / VS N O. �v �7 v a (00-6 /l am COVERALL CONSTRUCTION, INC. CIVIL ACTION - 411 Brick Church Rd. Enola, PA, 17025 DEFENDANT To Coverall Construction, Defendant(s) ? You are hereby notified that on , the following [] Order ❑ Decree Judgment has been entered against you in the above captioned case. SOLO (L DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Coverall Construction, Inc., 411 Brick Church Rd Enola, PA, 17025 A Coverall Construction, Inc., Defendido /a Defendidos/as Por este medio se le esta notificando que el de del la siguiente ❑ Orden El Decreto ® Fallo ha sido anotado en contra suya en el caso mencionado en el pt afe. FECHA: Prothonotario Certifico que la siguiente direction es la del defendido /a sigun indicada en el certificado de ,V residencia:. a Coverall Construction, Inc., 411 Brick Church Rd Enola, PA, 17025 r , o Abogado del Demandante i APR a �s I' hereby certify that the tore" is A to z � C-) w and cQuect � + of the original Z c ., ' filed. A � a. .y 56 'C DCBA — 400 — Rule 236(a) (2) — 8/ Proth. — 78 p, ohnn icgnYi STATE OF TEXAS COUNTY OF DALLAS I, Patty Kirkhuff Clerk, Justice of the Peace, Precinct 3, Place 1, Dallas County, Texas, do hereby certify that the attached foregoing transcript of record is a true and correct copy of the judgment on file in my office in Cause No. JC- I301698A entitled Equipment Depot, LTD vs. Coverall Construction, Inc. recorded in Volume JC, Page 1301698A, Minutes of the Justice Court Precinct 3, Place 1 in and for Dallas County, Texas IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal ofthe Justice of the Peace Court, Precinct 3, Place I of the State of Texas, in and for Dallas County, on the 10th day of January, A.D. 2014, Patty Kirkhuff, Clerk Justice of the Peace, Precinct 3, Place 1 Dallas County, Texas STATE OF TEXAS COUNTY OF DALLAS 1, Albert B. Cercone, Judge of the Justice of the Peace county, Precinct 3, Place 1 in and for Dallas County, State of Texas, do hereby certify that the foregoing certificate and attestation of Patty Kirkhuff, Clerk, is in due form; and , that the said custodian of the files and records referred to in the said certificate, and is authorized by law to make exemplified copies of the same, and is authorized by law to affix the seal of said court thereto; that the signature affixed to the foregoing certificate is a genuine signature and the authentic seal of the court. 1 Dated this 23rd day of January, 2014. Z Z F Judge rnx t �C-'� Precinct 3, Place 1 C y G- Dallas County, Texas C-- r-I -G O STATE OF TEXAS COUNTY OF DALLAS 1, Patty Kirkhuff, Clerk of the Justice Court Precinct 3, Place 1, Dallas County, Texas, do hereby certify that Judge Albert B. Cercone who signed the foregoing certificate is one of the duly commissioned and qualified judges of said courts, and that the signature to the foregoing certificate is the Judge's genuine signature. IN WITNESS WHEREO have hereunto set my hand and affixed the seal of the said court, at Dallas, Texas, on the 23rd i day of January, 2014. ,% Patty Kirkh , Justice of the Peace, Precinct 3, Place 1 Dallas County, Texas 0 THE LAW OFFICE OF GREGORY S. SIHELDS -: BY: Gregory S. Shields Attorney for Plainaj� gshields @gshieldslaw.com Equipment Depot Ltd. �o I.D. No. 202477 ' cJ► �" 524 N. Providence Road, Ste. 104 y �': Media, PA 19063 y " i (484) 843 -1554 1 `a -2- ° r EQUIPMENT DEPOT, LTD. IN THE COURT OF COMMON PLEAS Plaintiff,, OF. Qi}tlpr/ . j) . COUNTY V. NO. COVERALL CONSTRUCTION, INC., Defendant. AFFIDAVIT OF VALIDITY I, Richard J. Wallace, III, being duly sworn according to law, deposes and says that he is an attorney for Plaintiff in the above matter; that the Defendant is Coverall Construction, Inc. with a last known address of t S t D drys Rr S PA I - 10.2.57 ; that the Plaintiff is Equipment Depot, Ltd. and that its address is 4100 N Interstate Highway 35, Waco, TX 76706; that the foreign judgment entered by the Plaintiff against the Defendant on January 10, 2014 in The Justice Court of Dallas County, Texas, Precinct 3 -1, docket no. JC1301698- A in the amount of $ Q,D2�. I g is valid, enforceable and unsatisfied, plus post judgment interest; and that attached hereto is a true and correct copy of the judgment, as well as a true and correct copy of the exemplified docket in the Dallas County action. ` FtJ4�rrw✓`1 DATED, this 1 -1+1 day of Jury, 2014 in Dallas, Texas. I I Richard J. Wal ace, III ! Attorney for Plaintiff, Equipment Depot, Ltd. Sworn to and subscribed before me this 114) day of Fe"ul , 2014 a�,J, LORETTA S. FORBEY +; ^s Notary Public, State of Texas s r = My commission Expires v i January 19, 2017 C Notary Publi i JUSTICE & CLERKS CIVIL DOCKET PAGE -01 * JUSTICE & CLERKS CIVIL DOCKET * CASE NUMBER 1301698A OrrICE L�) * JUSTICE OF THE PEACE * C_ALSE TYPE JC -CIVIL SUltROTHO jF * PRECINCT 3 PLACE 1 * .Y SUIT TYPE SWORN ACCOUNT PLAINTIFF: 2014 MAR 2 5 Apf 9;44 DETAIL SWORN ACCOUNT EQUIPMENT DEPOT LTD PRINCIPAL 6,024.18 ATTY FEES 3,000.00 TNT. PERCENT 18.00% QAUAHEtj CQUNr DATE FILED 08 -20 -13 DATE CITATION ISSUED 08 -22 -13 PEkNA CITATION EXECUTED 09 -23 -13 CITATION RETURNED 11 -15 -13 AGENCY PL ATTY HOW RETURNED:SEC OF STATE DATE CITATION ISSUED PLAINTIFF'S ATTORNEY: CITATION EXECUTED CITATION RETURNED RICHARD J WALLACE AGENCY HOW RETURNED: 500 N AKARD #2700 DALLAS, TX 75201 ALIAS CITATION ISSUED (214) 706 4200 ALIAS EXECUTED ALIAS RETURNED AGENCY HOW RETURNED: JURY VERDICT Y/N N APPEARANCE DATE 10 -07 -13 ANSWER FILED DEFENDANT: BY COVERALL CONSTRUCTION INC APPEARANCE DATE ANSWER FILED SRV SECRETARY OF STATE BY: STAY TAKEN PO BOX 12079 JUDGMENT TYPE: X TRANSCRIPT DATE AUSTIN, TX 78711 JUDGMENT DATE: 01 -10 -14 JUDGMENT SIGN 01 -10 -14 JUDGMENT AMT: 6,024.18 PAUPER AFFID FILED APPEAL BOND FILED BOND AMOUNT EXECUTION ISSUED EXECUTION RETURNED AGENCY HOW RETURNED: MOTION SET ASIDE ORDER SET ASIDE COMMENTS: ABSTRACT ISSUED 11/25/13 PL MOTION FOR DEFAULT JDGMT FILED /EED 11/26/13 PROVE UP SET /EED 1/10/14 DEFAULT JDGMT FOR PL /ABC /EED I certify this to be a true & correct copy of the doc ent a tered into th of is Justice of the Peace Precinct 3, Place 1 Dallas County, 'texas - PAGE -02 ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * JUSTICE & CLERKS CIVIL TRIAL DOCKET * JUSTICE OF THE PEACE * 0F. 1C Ry * PRECINCT 3 PLACE 1 * PROTHONOTA CASE NUMBER 1301698A 8�4MAR 25 AM CASE TYPE JC -CIVIL SUIT S E T } � j ' DATE TIME SET TYPE JURY ISS DATE AGENCY QA HOW RETURNED PLN -CONT GRANT D GRANT 01 -10 -14 11:00 AM PROVE UP NO I .wr* this tie be a true dt corted copy gr the doc went entered iWo d o 's i i Justice of the Peace j precinct 3,.Pbee I vew County, Texas CAUSE NO. JC1301698 -A EQUIPMENT DEPOT, LTD. § IN THE JUSTICE COURT PLAINTIFF § i § V. § PRECINCT 3 -1 § COVERALL CONSTRUCTION INC. § r DEFENDANT § . DALLAS COUNTY, TEXAS t° DEFAULT JUDGMENT Came on to be heard the above - entitled and numbered cause, whereas Equipment Depot, i Ltd., is the Plaintiff, and Coverall Construction Inc. (the "Defendant) is the Defendant. Plaintiff appeared by and through its attorney of record and announced ready for trial. Defendant, although having been duly and legally cited to appear and answer, failed to appear and wholly made default. Citation was served according to law and returned to the Clerk where it remained on file for the time required by law. The Court has read the pleadings and the papers on file, finds as follows: 1. The Court has personal jurisdiction over the parties; r 2. The Court has subject matter jurisdiction over the dispute; ca,r' Z� Gtr^ 3. Venue is proper in Dallas County, Texas; ;;-<:) 3 q z 49 ..c 4. Defendant was properly served with citation and a copy of the Petition; -< o S. The returns of service on the citations were properly completed and returned to the Clerk where they were filed; 6. The completed returns of service remained on file for more than 10 days, excluding the day of filing and the day of rendition of judgment; DEFAULT JUDGMENT PAGE X h 1 7. The deadline for Defendant to file an answer to the Petition or otherwise defend against the same has passed; 8. Defendant has wholly defaulted; 9. The Plaintiff has filed a Certificate of Last Known Address as to Defendant; 10. The allegations in the Petition and the exhibits attached thereto prove a prima facie cause of action by the Plaintiff against Defendant for the debt alleged therein; 11. The claim is liquidated and supported by a written instrument; 12. Defendant is indebted to Plaintiff Equipment Depot, Ltd. in the following amounts: A. The sum of $6,024.18; B. All court costs; C. Attorney's fees of $3,000.00 through judgment; D. Pre judgment interest at the contractual rate of eighteen percent (18 %) per annum from May 26, 2013 until Judgment is rendered; and E. Post judgment interest calculated at the contractual rate of eighteen percent (18 %) per annum compounded annually from the date of Judgment until the Judgment is satisfied in full. IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED that Plaintiff Equipment Depot, Ltd. have and recover from Defendant Coverall Construction Inc., the sum of $6,024.18, plus all court costs, plus attorney's fees in the amount of $3,000.00, plus pre- judgment interest at the contractual rate of eighteen percent (18 %) per annum from May 26, 2013 until Judgment is rendered, with post judgment interest on all sums at the contractual rate I of eighteen percent (18 %) per annum compounded annually from the date of Judgment until the !� Judgment is paid in full; plus the sum of $5,000.00 for legal services if this case is appealed to and successfully defended in the Court of Appeals, plus the sum of $5,000.00 for legal services I in the event application is made for writ of error to the Supreme Court, plus the sum of $5,000.00 DEFAULT JUDGMENT PAGE 2 ' I for legal services in the event writ of error is granted by the Texas Supreme Court and this case is successfiilly defended in the Texas Supreme Court. It is further ORDERED, ADJUDGED, AND DECREED that Plaintiff Equipment Depot, Ltd. shall be granted such writs and processes as may be necessary in the enforcement and collection of this Judgment. It is further ORDERED, ADJUDGED AND DECREED that this judgment finally disposes of all parties and claims and is appealable. It is further ORDERED, ADJUDGED, AND DECREED that all relief not specifically granted in this Default Judgment, is hereby denied. SIGNED this day of Laa� 2011. JUDGE PRIESIDINU 1 I certify this to be a VW & cor'tect . copy of the document entered into the of s Justice of the Peace 3, Place i . as County, Texas i I i DEFAULT JUDGMENT PAGE 3 PRO I11UN -25 - - z PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGEMENTS) P.R.C.P. 3101 TO 3149 EQUIPMEN7 LTD. IN THE COURT OF COMMON PLEAS OF COMr3E2LOL 7 4/ h7dependenceAve. COUNTY. PENNSYLVA^IA Mechunic'shurg. PA 17055. q . L No. 1 a V � vs Amount due S9.024.18 59,024.18 COVERALL CONSTRUCTION. INC. Interest 51,330.63 S9,098.35 411 Brick Church Rd. Enola, PA. 17025 Atty"s Comnl. and Costs .t' 04 slo 0 "'j 510,482.81 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MANNER, (1) Directed to the Sheriff of Cu mberland County, Pennsylvania; (2) auainst C'nrcrull Consn•trc1iurl, lnc. Defendants(s) and (;) and against -- - -- ---- ._._---------------- _. -_ -- — Garnishee(s), (4) and index this writ (a) against C'nl f rail C'unsn action, Inc. _ — Defendants(s) and (b) aoainst Garnishee (s) and as a lis pendens against the real property ol•the del•endant(s) In the nallle of the Garnishee(s) as follows (Specifically describe property and note any specific direction to Sheriff) (Furnish 4 copies for real estat�e`aev; Y ,1n1' and all I)CI%�nnul propertl• ( um: klrrcl held in the name v/ the Defendant t` n r— (5) Exemption has (not) been waived. -- �ted to-- for P atntiff(s) m � Print Name: Gres;orl S. Shields G� "''�? Address: 32-1 N. Providence Rood, Suite 201 '33,`j0 COF ^� :Mu PA 19063 en a,�5 J�� Attornev fin F.cl rrrent D epot, Oct. p A Q �r . r J� �•�• Telephone: ( 184) <113 135 _ — Supreme Cotu ID No. 2024 1 4 8 a pd 7 3o�fQ77, f W 4?�k Asiv O F C V z THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square - Suite 100 - Carlisle, PA - 17013 1750 (717) 240 -6195 www.ccpa.net EQUIPMENT DEPOT LTD. Vs. NO 14 -2523 Civil Term CIVIL ACTION — LAW COVERALL CONSTRUCTION, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against COVERALL CONSTRUCTION, INC., 41.1 BRICK CHURCH ROAD, ENOLA, PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL PERSONAL PROPERTY OF ANY KIND HELD IN THE NAME OF THE DEFENDANT. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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, (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer.. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $9,024.18 Plaintiff Paid Interest $1,330.63 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $! 0 Other Costs Date: 4/23/34, David D. Buell, Prothonotary IM vla� Deputy REQUESTING PARTY: Name: GREGORY S. SHIELDS, ESQUIRE Address: 524 N. PROVIDENCE ROAD, SUITE 201 MEDIA, PA 19063 Attorney for: PLAINTIFF Telephone: 484 - 843 -1554 Supreme Court ID No. 202477 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 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 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LEO-0FF i0EE. ars:cfnbtr/t�rC ;- THE PROTHONOTARY za i'i MAY 12 Ail 9: 48 OFFiU„QFTHE SHERIFF CU PE�INSYLVAN A COUNTY Equipment Depot LTD vs. Coverall Construction, Inc. Case Number 2014-2523 SHERIFF'S RETURN OF SERVICE 05/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Coverall Construction, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 411 Brick Church Road, East Pennsboro Township, Enola, PA 17025. Per current resident Kerry Williams, he has lived at this address for approximately 2 years. Williams believes that the prior resident was associated with this business. 05/09/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. SHERIFF COST: $63.95 SO ANSWERS, May 09, 2014 RONNS' R ANDERSON, SHERIFF (c) CountySui_e Sheriff, Teleosefi, inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF. CUMBERLAND COUNTY ;f= THE PHD l HONG TA ;t' of �ntr�Gr OFF ICE OF THE $VER1FF *AMENDED* 2014 MAY 16 PM 2: 50 CUMBERLAND COUNTY PENNSYLVANIA Equipment Depot LTD vs. Coverall Construction, Inc. Case Number 2014-2523 SHERIFF'S RETURN OF SERVICE 05/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Coverall Construction, Inc., but was Unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 411 Brick Church Road, East Pennsboro Township, Enola, PA'17025. Per current resident Kerry Williams, he has lived at this address for approximately 2 years. Williams believes that the prior resident was associated with this business. 05/09/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. SHERIFF COST: $63.95 SO ANSWERS, May 09, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosof. Inc. PROTHON-25 PRAECIPE FOR WRIT OF EXECUTION — (MONEY JUDGEMENTS) P.R.C.P. 3101 TO 3149 EQUIPMENT DEPOT, LTD. 741 Independence Ave. Mechanicsburg, PA 17055. IN THE COURT OF COMMON PLEAS OF Cu*, BEtZ L11,00 COUNTY, PENNSYLVANIA No. IL! • PS,23 Ow/ vs Amount due $9,024.18 $9,024.18 COVERALL CONSTRUCTION, INC. Interest $1,330.63 $9,098.35 1510 Orrs Bridge Road Enola, PA, 17025 Atty's Comm. and Costs $128.00 $10,482.81 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MANNER, (1) Directed to the Sheriff of Cumberland (2) against Coverall Construction, Inc. County, Pennsylvania; Defendants(s) and (3) and against (4) and index this writ (a) against Coverall Construction, Inc. (b) against Garnishee(s), Defendants(s) and Garnishee (s) and as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows : (Specifically describe property and note any specific direction to Sheriff) (Furnish 4 copies for real estatelFvy), Any and all personal property of any kind held in the name of the Defendant —o •-•1- ;rico = ND ‹ C-) (5) Exemption has (not) been waived. S/Z3/L( a go pc1 a\HDated OafI lL Xt. "7:el t,Dotb.le) r - s C ka"P 26(0(44 --t ct? cCM Attorney for Plaintiff(s) Print Name: Gregory S. Shields Address: 524 N. Providence Road, Suite 201 Media PA 19063 Attorney for: Equipment Depot, Ltd. Telephone: (484) 843-1554 Supreme Court ID No.: 202477 c4 xTt THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net EQUIPMENT DEPOT, LTD. Vs. COVERALL CONSTRUCTION, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2523 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against COVERALL CONSTRUCTION, INC., 1510 ORRS BRIDGE ROAD, ENOLA, PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL PERSONAL PROPERTY OF ANY KIND HELD IN THE NAME OF THE DEFENDANT. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. • (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $9,024.18 Plaintiff Paid Interest $1,330.63 Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $290.70 Other Costs $128.00 Date: 5/27/14 ThatAiCLI ,1JLAQ�C. L David D. Buell, Prothonotary REQUESTING PARTY: Name : GREGORY S. SHIELDS, ESQUIRE Address: 524 N. PROVIDENCE ROAD, SUITE 201 MEDIA, PA 19063 Attorney for: PLAINTIFF Telephone: 484-843-1554 Supreme Court ID No. 202477 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 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 ve`7",,wes(C- Deputy 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QFF C OF TF E I s'i.. �irlfr'. THE PRO1 HONJ itsµ, ?Th JUN 18 Ail 10:29 CUMBERLAND COUNTY PENNSYLVANIA Equipment Depot LTD vs. Coverall Construction, Inc. Case Number 2014-2523 SHERIFF'S RETURN OF SERVICE 06/02/2014 08:27 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on June 02, 2014 at 8:27 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the owner of Coverall Construction, Inc., Michael S. Tibbens, Sr., at 1510 Orrs Bridge Road, Hampden Township, Enola, PA 17025, and informed of contents of same. NOTE: No levy completed at this time - Tibbons advised deputies that all business property has been Iigidated to pay employees; therefore, there is nothing to levy upon. 06/17/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. Defendant entered into Chapter 13 bankruptcy this date; Docket No. 14-02848. SHERIFF COST: $58.34 SO ANSWERS, June 17, 2014 RONNY R ANDERSON, SHERIFF 2 2 OI • CID. icf CountySuito Sheriff, Teleosoff, enc. THE LAW OFFICES OF GREGORY S. SHIELDS, LLC BY: Gregory S. Shields Attorney for Plaintiffs, gshields@gshieldslaw.com Equipment Depot Pennsylvania, I.D. No. 202477 Inc. 524 N. Providence Road, Ste. 201 Media, PA 19063 (484) 843-1554 EQUIPMENT DEPOT, LTD. Plaintiff, v. COVERALL CONSTRUCTION, INC. Defendant, and PENNSYLVANIA STATE EMPLOYEES : CREDIT UNION Garnishee. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No.: 14-2523 PRAECIPE TO DISSOLVE GARNISHMENT/ATTACHMENT AGAINST UNIVEST BANK To the Prothonotary: Having been advised that there are no funds in the name of the Defendant being held by the Garnishee, Pennsylvania State Employees Credit Union, kindly dissolve any attachment or garnishment as to the Garnishee, Pennsylvania State Employees Credit Union, only. The levy against Defendant's personal property and any Sheriffs sale thereof are unaffected and should continue as scheduled. LAW OFFICES OF GREGORY S. SI-IELDS, LLC • , 011 Gregory S.F hields Attorney f. Plaintiff, Equipment Depot Pennsylvania, Inc. Dated: November 4, 2014 sopcla4.1 afik-1- e,,uf- I aa8 THE LAW OFFICES OF GREGORY S. SHIELDS, LLC BY: Gregory S. Shields gshields@gshieldslaw.com I.D. No. 202477 524 N. Providence Road, Ste. 201 Media, PA 19063 (484) 843-1554 Attorney for Plaintiffs, Equipment Depot Pennsylvania, Inc. EQUIPMENT DEPOT, LTD. Plaintiff, v. COVERALL CONSTRUCTION, INC. Defendant, and PENNSYLVANIA STATE EMPLOYEES : CREDIT UNION Garnishee. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No.: 14-2523 CERTIFICATE OF SERVICE I, Gregory S. Shields, counsel for Plaintiff, do hereby certify that on this 4h day of November, 2014, a true and correct copy of the enclosed Praecipe was served via first class mail on the following: Shirley Osman Account Management Service Advisor PSECU PO Box 67013 Harrisburg, PA 17106 Coverall Construction, Inc. 1510 Orrs Bridge Road Enola, PA 17025 Gregory S. Hazlett, Esquire 7 Main Street Mechanicsburg, PA 17055 Attorney for Michael S. Tibbens, Sr. and Jean M Tibbens LAW OFFICES OF GREGOR S. SHIELDS, LLC Gregory S. hi Ids, Attorney for ° aintiff, Equipment Depot Pennsylvania, Inc.