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Home My WebLink About14-2560 . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E. MICHEL COMPANY, INC. Plaintiff No. 14 -x560 VS. c s LUV, INC. M r n CIVIL ACTION. N f°a T- Defendant �� .. :CD Cw 5 ;c= � PRAECIPE FOR TRANSFER OF JUDGMENT c. *< 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 January 27, 2014 against the above -named defendant(s) before District Justice Kathryn H. Silcox, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 9,41 1.12 Total $9,411.12 Dated: April 17, 2014 AMATO KEATING AND LESSA, P.C. By: Z:�� I Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff *3I ATry 107 North Commerce Way Bethlehem, PA 18017 C #351387 (610) 866 -0400 305 A DEBT COLLECTION LAW FIRM 0o+iCe ma 2132814 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 R.E. Michel Company, Inc MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road LUV, Inc Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 R.E. Michel Company, Inc Docket No: MJ- 09304 -CV- 0000432 -2013 c/o Amato and Lessa, P.C. Case Filed: 12/11/2013 107 North Commerce Way Bethlehem, PA 18017 Disposition Summary (r-c - Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000432 -2013 R.E. Michel Company, Inc LUV, Inc Default Judgment for Plaintiff 01/27/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount LUV, Inc $0.00 $9,411.12 $9,411.12 R.E. Michel Company, Inc $0.00 $0.00 $0.00 Judgment Finding ( *Post Judgment) In the matter of R.E. Michel Company, Inc vs. LUV, Inc on MJ- 09304 -CV- 0000432 -2013, on 1/27/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $9,257.62 $9,257.62 Costs $0.00 $7.00 $7.00 Filing Fees $0.00 $146.50 $146.50 Grand Total: $9,411.12 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /T RANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. �z `tip 't Date The Honorable Silcox certify that this is a true and correct copy of the record of the proceedings contain ng t e judgment. t�- Date Magisterial bistrict J MDJS 315 Page 1 of 2 Printed: 03/11/2014 9:59:32AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E. MICHEL COMPANY, INC. Plaintiff No. VS. LUV, INC. CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 6749 Bay Meadow Dr Glen Burnie MD 21060 1 do certify that the precise last known address of the within named defendant is: 4900 Carisle Pike Ste 105 Mechanicsburg PA 17050 AMATO KEATING AND LE A, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM AFFIDAVIT OF NO APPEAL April 17, 2014 R.E. MICHEL COMPANY, INC. District Justice Docket Number: VS. CV- 432 -13 LUV, INC. As of April 17, 2014, a District Justice appeal has not been filed in the Court of Common Pleas of Cumberland County in the above captioned matter. AMATO KEATING AND LESSA, P.C. By: Michael -R. Lessa Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 4 R.E. MICHEL COMPANY, INC. Plaintiff No. VS. LUV, INC. CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE -NAMED DEFENDANT(s) IN THE AMOUNT OF $ q,4)1..la ON April 0-5, 2014. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS /ARE ENCLOSED. PROTHONOTARY - CUM13%9LAN CO Per: If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By: ichael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW /-11.E. MICHEL COMPANY, INC. �r� .�. PlaintiffCIVIL ACTION NO 14-2560 Civil r.err* G vs. �� eM;e : Amount Due LUV, INC.COJAA:S4 S 1OS : Interest Defendant(s) �� .105�' Payments �E( Costs METRO BANK : Poundage Garnishee \N eco . Hose $ 9,411.12 $ 18.92 $ 0.00 $ : Total $ 9,430.04 11 To the Prothonotary of Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a writ of execution in the above matter 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, furnishings, equipment, inventory, tools, electronic equipment, vehicles, any and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property: All property of the above-named defendant(s), including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant(s), including but not limited to account #, and any account owned solely or in part by the above-named defendant(s), which are in the possession, custody and/or control of said garnishee(s). cklvA‘%`Yk.ocoRc\ cX lc\L\ 31,as� uo•aS3'‘ Q� Attorney File#: 2132814 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 ^per e, Paul F. Troisi, Esq., Atty ID #30951 1 s a a� Attorneys for Plaintiff SC.CA' 107 North Commerce Way v59`4. 6Bethlehem10)866-040, PA 018017 A DEBT COLLECTION LAW FIRM 0 %SRTO 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 R.E. MICHAEL COMPANY, INC. Vs. LUV, INC. WRIT OF EXECUTION •(Pa R.C.P. 3252) NO 14-2560 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against LUV, INC., 4900 CARLISLE PIKE, SUITE 105, MECHANCISBURG, PA 17050 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANKGARNISHEE(S), as garnishee, 5032 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17050 (Specifically describe property) and to notify the garnishee that ALL PROPERTY OF THE ABOVE- NAMED DEFENDANT(S), INCLUDING, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). (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 1 (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 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 $9,411.12 Interest $18.92 Attorney's Comm. % Attorney Paid $60.25 Date: 5/15/14 (Seal) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs -1a,Lee4a at.12.66 David D. Buell, Prothonotary REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 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 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � .L,`oP'I'i t' THE PRO I HONO Ii -d- , At tr. orR,;Uer,No. 20th 11A Y 21 PM 3: 17 CUMBERLAND COUNTY PENNSYLVANIA oFFiC'„-; OF R. E. Michael Company, Inc. vs. Luv, Inc. Case Number 2014-2560 SHERIFF'S RETURN OF SERVICE 05/19/2014 11:14 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joseph Schroeder, Customer Service Representati -, personally three copies of interrogatories together with three true and attested copies of the Wri of E jution and made the contents there of known to him. INE, DEPUTY SO ANSWERS, May 20, 2014 RONIJY R ANDERSON, SHERIFF (C) CountySuile Sheriff: Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R.E. CIVIL ACTION - LAW MICHEL COMPANY, INC. vo. LUV, INC. METRO BANK Plaintiff : No. 14-25OD Civil Term Defendant(s) Garnishee : CIVIL ACTION +SLOW^N^ ). � INTERROGATORIES TO GARNISHEE To: METRO BANK, Garnshee 5032 Simpson Ferry Road, Mechanicsburg PA 17050 You are required to submit answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a judgment being entered 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? No Accounts 2. At the time you were served or at any subsequent 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 of any nature owned solely or in part by the defendant? 3. At the time you were served or at any 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 held or claimed 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? 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? cz • 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financiai institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S.A. 5 8123! If so, identify each account. S. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) with your office? 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account nurnber of each account; B) the amount of money in each account. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Eaq.' Atty {D#13829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 860-0400 A DEBT COLLECTION LAW FIRM AttonneyFi/e#: 2132814 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LLL) -(3r F TNS PROTHONJ lth..t. t JUN 13 PM 12: 13 CUMBERLAND COUNT t PENNSYLVANIA OFFICE OF THE $HEFIFF R. E. Michael Company, Inc. vs. Luv, Inc. Case Number 2014-2560 SHERIFF'S RETURN OF SERVICE 05/19/2014 11:14 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joseph Schroeder, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. 05/30/2014 12:50 PM - Deputies went to address provided of 4900 Carlisle Pike, Suite 105, Mechanicsburg, PA 17050 - this address is a UPS Store. Defendant's mailbox was closed out in April, 2014. Obtained name of party renting mailbox as Amanda Gorman, 226 N Bedford Street, Carlisle, PA. 06/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Luv, Inc., but was unable to locate the Defendant Luv, Inc., in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 168 Mountain Rd, South Middleton Twp, Mt. Holly Springs, PA 17065. NOTE: Deputies went to address provided and spoke with Amanda Gorman's mother, who advised that she is is residing at 320 W Lemon Street, Lancaster, PA, and some of the time at 2636 Emmittsburg Road, Apt. 49, Gettysburg, PA 17325-7185. 06/12/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Business is no longer located in Cumberland County. SHERIFF COST: $123.15 SO ANSWERS, June 12, 2014 (c) CountySu to Sherift, Teleaseft, Inc. RON Y R ANDERSON, SHERIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E.MICHEL COMPANY,INC. : • Plaintiff : No. 14.2560 Civil Term • 4" vs. • • LUV,INC. ' , -v G , : CIVIL ACTION `'` .%•"j0 `' �' � Defendant(s) y n • METRO BANK :• Garnishee • PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned matter agairist METRO BANK,Garnishee,ONLY, without prejudice. AMATO KEATING AND LF.SSA_ P.C. By: Michael R. Less, Esq., Atty IIS #88617__- __ - - Justin N. Davis, Esq., Atty ID#84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq.,Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM917 0,KAJ-