HomeMy WebLinkAbout05-0846
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OS ~<fl./b Clld.:-L8<-YY\
CARLISLE CEMENT PRODUCTS, INC.,
Plaintiff
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE
Defendants
CIVIL ACTION
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment against the Defendants, Twin Oak Masonry and Timothy B. Hopple,
for the amount of$I,764.04 in the above-captioned matter.
Respectfully Submitted,
Salzmann Hughes, P.C.
Date: January ll-, 2005
B~-
Me lssa . DIVely, Esquire
Attorney ID No. 36780
455 Phoenix Drive, Suite A
Chambersburg, P A 1720 I
(717) 263-2121
CARLISLE CEMENT PRODUCTS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. OS - 1'4 b
C-LUJ7~
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE
Defendants
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 Defendants, Twin Oak Masonry and Timothy B. Hopple, have not appealed the verdict
entered against them by District Justice Paula P. Correal on October 18, 2004.
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M, . ~ - " -"'I"'"'
Attorney ID No. 36780
Sworn to and sub~Eribed to
Before me this lJ1fl- day of
,January, 2005.
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Notary Public
NolatiaJ Seal
I'8rnsIa R. KoI1/er, Notary PuflIle
Olambe~~ Ek!ro, F"'lnk1i.....'COunty
My CommISS'\'/' F..l(C)i!( i:",:,:,;1. i!OC6
Mermer. P6f1nsYiv~~I-~~-p~;ii;;';Oi-I'~lari€S
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...1/' .. \\IOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE,
PLAINTIFF: NAME and ADDRESS
~LISLE CEMENT PRODUCTS, INC. I
510 E NORTH STREET
P.O. BOX 617
~LISLE, PA 17013 ~
VS.
DEFENDANT: NAME and ADDRESS
ITwIN OAK MASONRY, ET AL.
12 HILLTOP LANE
NEWVILLE, PA 17241
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
lvtag, Dis\. N'o.
09-2-01
OJ Name: Hon.
Address.
PAULA P. CORREAL
1 COURTHOUSE SQUARE
CARLISLE, PA
T"'ph'" (717) 240 - 6564 17013 - 0000
ATTORNEY FOR PLAINTIFF
MELISSA K. DIVELY, ESQUIRE
455 PHOENIX DRIVE
SUITE A
CHAMBERSBURG, PA 17201
L
Docket No.: CV- 0000338 - 04
Date Filed: 9/10/04
THIS IS TO NOTIFY YOU THAT:
Judgment:
DEFAULTaUOGMENT PLTF
[!]
[!]
Judgment was entered for:
(Name)
C'lIRT.T!lT.R C'RMRN'I' PRonnC''I'!l.
Tl\TC'
Judgment was entered against: (Name)
HOPPT.R. TTMO'I'HY R
in the amount of $
(Date of Judgment)
10/lA/04
.
1,71>4 04 on:
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
D Amount of Judgment Subject to
AttachmenV42 Pa.C.S. S 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
I
~
.
$ 1.687.54
$ 76.50
$ .00
$ .00
$ 1. 764.04
------------
------------
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
c&~ "~~---e
, District Justice
I certify that this is a true an
10-18-04 Date
aining the judgment.
, District Justice
My commission expires first Monday of January, 2006
SEAL
AOPC 315.03
10/19/04
8:13:48 AM
DATE PRINTED:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
~aif.Dlst,!':ltJ_:
09-2-01
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE..
PL.AINTIFF: NAME and ADDRESS
'cARLISLE CEMENT PRODUCTS, INC. I
510 E NORTH STREET
P.O. BOX 617
~LISLE, PA 17013 ~
VS.
OJ Name: Hon
Address:
PAULA P. CORREAL
1 COURTHOUSE SQUARE
CARLISLE, PA
Te'ep"'oo (717) 240 - 6564 17013 - 0000
DEFENDANT: NAME and ADDRESS
'TwIN OAK MASONRY, ET AL.
12 HILLTOP LANE
NEWVILLE, PA 17241
I
ATTORNEY FOR PLAINTIFF
MELISSA K. DIVELY, ESQUIRE
455 PHOENIX DRIVE
SUITE A
CHAMBERSBURG, PA 17201
L
Docket No.: cv- 0000338 - 04
Date Filed: 9/10/04
~
A~_
~
THIS IS TO NOTIFY YOU THAT:
Judgment:
DRFAULT JUDGMRNT PLTF
[i]
[Xl
Judgment was entered for:
(Name) C'lIRT.T!'lT.F. C'F.MF.1I1'I' PRnnnf'T!'l
Tl\TC'
Judgment was entered~gainst: (Name). TW.JN nllK MlIsnNRV
in the amount of $
1,'11'>4 04 on:
(Date of Judgment)
10/1R/04
Defendants are jointly and severally li~.
(Date & Time)
D
D
D
.-' .
Amount of Judgment $ 1.687.54
Judgment Costs $ 76.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1.764.04
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
Damages will be assessed on: .
This case dismissed without prejudicE[")
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
ANY PARTY HA!; 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
(3~ ~~-€
, District Justice
I certify that this is a true and c
10-18-04 Date
ng the judgment.
, District Justice
My commission expires first Monday of January, 2006
SEAL
AOPC 315.03
DATE PRINTED:
10/19/04
8:13:25 AM
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CARLISLE CEMENT PRODUCTS, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. Of; -1'4b
CIU~ L~""L
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE
Defendants
CIVIL ACTION
NOTICE OF FILING JUDGMENT
TO: TWIN OAK MASONRY and TIMOTHY B. HOPPLE
You are hereby notified that on ~E....l,. \.S
been entered against you in the above-captioned case.
,2005, the following judgment has
Date: :2}11.{ IDS
I I
I hereby certify that the names and addresses ofthe proper person to receive this notice are as
follows:
Defendants:
Twin Oak Masonry
12 Hilltop Lane
Newville, PA 17241
Timothy B. Hopple
12 Hilltop Lane
Newville,PA 17241
Creditor/Plaintiff:
Carlisle Cement Products, Inc.
510 East North Street
P.O. Box 617
Carlisle, P A 17013
~-'
I hereby certify that the precise address as to Plaintiff and last known addr~as to
Defendants are correct as set forth above.
Melissa K. D' squire
COUll r laintiff
CARLISLE CEMENT PRODUCTS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. DS - f'Lf,b
e0~LT\
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE,
Defendants
CIVIL ACTION
(PRAECIPE FOR WRIT OF EXECUTION)
TO THE PROTHONOTARY:
(I) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County,
Pennsylvania:
(2) Against Twin Oak Masomy and Timothy B. Hopple, Defendants:
(3) And against N/A , Gamishee(s):
(4) And index this writ
(A) Against Twin Oak Masonry and Timothy B. Hopple, 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 of the Defendants, Twin Oak Masomy and Timothy B. Hopple,
of 12 Hilltop Lane, Newville, Pennsylvania 17241.
(5) Amount due
Interest from 10/19/04 to 1/11/05
@6%
$ 1,764.04
$ 24.65
Total
$ 1,788.69
Plus All Costs in Offi
Of Prothonota Sheriff
Dated: i)1\ 1(6
Melissa
Atto
NOTE
Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the
county should be indicated.
Under Rule 30 13( c) a writ issued on a transferred judgment 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 of a garnishee is attached and indexing
as a lis pendens is desired. See Rule 3104( c).
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CARLISLE CEMENT PRODUCTS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE,
Defendants
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 Sheriff's 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.
TWIN OAK MASONRY and
TIMOTHY B. HOPPLE,
Defendants
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:
1. The above-named defendant claims exemption of property from levy or attachment:
(I) From my personal property in my possession which has been levied upon:
(aj I desire that my $300.00 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
[ ] 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. 94904 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 and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-846 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 TWIN OAK MASONRY AND TIMOTHY B. HOPPLE, 12 HILL TOP LANE, NEWVILLE,
PAI7241
(I ) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANTS, TWIN OAK MASONRY AND TIMOTHY B.
HOPPLE, OF 12 HILLTOP LANE, NEWVILLE, PA 17241
(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 gamishee(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) Ifproperty ofthe 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 $1,764.04
L.L. $.50
Interest FROM 10/19/04 TO 1/11/05 @ 6% - $24.65
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: FEBRUARY 15, 2005
CURTIS R. LONG
(Seal)
ProthO:d;'
<--By: n....,.,.,9.7'f-l..?/.t..1
Deputy
REQUESTING PARTY:
Name MELISSA K. mYEL Y, ESQUIRE
Address: SALZMANN, HUGHES, FISHMAN, P.C.
455 PHOENIX DRIVE, SUITE A
CHAMBERSBURG, PA 17201
Attorney for: PLAINTIFF
Telephone: 717-263-2121
Supreme Court ID No. 36780