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HomeMy WebLinkAbout14-7127 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC.. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. J Plaintiff No. Cn VS. C7 JOHN KERR and JOHN KERR LAW, P.C. ?;M'. CIVIL ACTION -- Defendants '' 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 judgment entered September 30, 2014 against the above-named defendant(s) before District Justice William I. Maruszczak, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount $10,917.03 Total $10,917.03 Dated: December 8, 2014 AMATO KEATING A 0 SA, P.C. Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 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) 8.66-0400 A DEBT COLLECTION LAW FIRM 2140644 _. Owl �. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. ' f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. VS. JOHN KERR and JOHN KERR LAW, P.C. CIVIL ACTION Defendants 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 Slv�°Il'?.o3O eC, t1 , 2014. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY,1=,CUMBERLAND COUNTY Per: If you have any questions concerning the above, please contact the und,ers_igned. AM ATO KEATING SA, P.C. By: ichael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 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 HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. VS. JOHN KERR and JOHN KERR LAW, P.C. CIVIL ACTION Defendants CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 2001 Renaissance Blvd KING OF PRSA,PA 19406 1 do certify that the precise last known address of the within named defendants is: 5010 Ritter Road, Ste 109 Mechanicsburg PA 17055-4828 AMATO KEATING SSA, P.C. By: -- Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. VS. JOHN KERR and JOHN KERR LAW, P.C. CIVIL ACTION Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON : The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above 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 Servicemembers Civil Relief Act; That John Kerr is over 18 years of age, resides at 5010 Ritter Road, Ste 109, Mechanicsburg PA 17055-4828. Sworn to and subscribed before me this''day of Du 2014 A. NOTARY PUBL .COMMA WEALTH OF PENNSYLVANIA Notarial Seal Michelle C,Bright,Notary Public City of Bethlehe rn,Northampton County My Commission Expires June 6,2015 MEMBER,PENNSYLVANIA ASSOCIA TION OF NOTARIES AFFIDAVIT OF NO APPEAL 4 D 11-}.� 11 , , Ila 0 December 8, 2014 HIBU INC. f/k/a YELLOWBOOK INC. District Justice f/k/a YELLOW BOOK SALES AND Docket Number: DISTRIBUTION CO., INC. CV-479-14 VS. JOHN KERR and JOHN KERR LAW, P.C. As of December 8, 2014, a District Justice appeal has not been filed in the Court of Common Pleas of Montgomery County County in the above captioned matter. AMATO KEATING AND L 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 . .. .....___. � L/ V Y COV/i1VIONVVEALTH OF PENNSYLVANIA Notice of Judgmentffranscript Civil COUNTY OF MONTGOMERY Case Mag.Dist, No: MDJ-38-1 09 HIBU INC f/k/a YELLOWBOOK INC f/k/a MDJ Name: Honorable William I,Maruszczak YELLOWBOOK SALES AND DISTRIBUTION Address; 485 South Henderson Road COMPANY INC King of Prussia,PA 19406 V. John Kerr Law PC, JOHN KERR Telephone: 610-265-3950 HIBU INC f/k/a YELLOWBOOK INC f/k/a Docket No: MJ-38109-CV-0000479-2014 YELLOWBOOK SALES AND DISTRIBUTION Case Filed: 828/2014 COMPANY INC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Disposition Summary (cc-CrossComplaint) Docket No Plaintiff Defendant Disposition Disposition Dajg MJ-38109-CV-0000479-2014 HIBU INC f/k/a YELLOWBOOK John Kerr Law PC Judgment for Plaintiff 09/3012014 INC f/k/a YELLOWBOOK SALES AND DISTRIBUTION COMPANY MJ-38109-CV-0000479-2014 HIBU INC f/k/a YELLOWBOOK JOHN KERR .,, .;., Judgment.for Plaintiff, x;09/30/2014 INC f/k/a YELL OWBOOK•SALES............... ....w.�.,...._r .. a-__..__ ...�.� _ _.... _... ... _. AND DISTRIBUTION COMPANY INC Judgment Summary Participant Joint/Several Liability Individual Liability Amount':`;;:: "J HIBU INC.,,/k/aYELLOWBOOK INC,f/k/a., _ $0.00 $0.00 $0.00 YELLOWBOOK SALES AND DISTRIBUTION JOHN KERR $10,917.03 $0.00 $10,917.03 John Kerr Law PC $10,917.03 $0.00 $10,917.03 Judgment Finding ('Post Judgment) In the matter of HIBU INC f/k/a YELLOWBOOK INC f/k/a YELLOWBOOK SALES AND DISTRIBUTION COMPANY INC vs.John Kerr Law PC:JOHN KERR on MJ-38109-CV-0000479-2014,on 9/30/2014 the judgment was awarded as follows: Judymgnt,Component Jolnt/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $10,731.53 $0.00 $10,731.53 Filing Fees $185.50 $0.00 $185.50 Grand Total: $10,917.03 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 JUDGMENTITRANSCRIPT 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 THEJUDGMENT. {Nnp ,_Magisterial District Judge.William I.Maruszcza.k MDJS 315 _ Page 1 of 3 Printed:10/09/2014 1:44:48PM I iIBO INC f/k%a YELLOWBOOK INC f/k/a Docket No.: MJ-38109-CV-0000479-2014 YELLOWBOOK SALES AND DISTRIBUTION COMPANY INC V. John Kerr Law PC, JOHN KERR . certify that this is a true and correct copy of the record of the proceedings containing the ju gment. at Magisterial District Judge FV . . MDJS 315 Page 2 of 3 Printed:10/09/2014 1:44A8PM HIBU,INC f/k%a YELLOWBOOK INC f/k/a Docket No.; MJ-38109-CV-0000479-2014 YELLOWBOOK SALES AND DISTRIBUTION COMPANY INC V. John Kerr Law PC,JOHN KERR Participant List Private(s) Michael R.Lessa, Esq. Amato Keating And Lessa PC 107 N Commerce Wy Bethlehem, PA 18017 Plaintiff(s) - HIBU INC f/k/a YELLOWBOOK INC f/k/a YELLOWBOOK SALES AND DISTRIBUTION COMPANY INC 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 Defendant(s) John Kerr Law PC 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055-6922 JOHN KERR 5020 RITTER ROAD,STE 104 MECHANICSBURG,'PA 17055 MDJS 315 Page 3 of 3 Printed:10/09/2014 1:44:48PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff vs. JOHN KERR and JOHN KERR LAW, P.C. Defendant(s) SOD eit'ieRced log Meeh, ISA 11055 Integrity Bank 3345 Mkt Si- Garnishee C&mp l4ill , PA1101 CIVIL ACTION NO. 14-7127 Civil Amount Due Interest Payments Costs Poundage : Total $ 10,917.03 $ 36.61 $ 0.00 $ $ $ 10,953.64 �E N 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). aq.00 Pa Pwri 31. a5 Cf3F $ a.415 Due Co 50 L-�- C*3Co3 o1 2,lt 3(55/5 t 3rifoQ &6192grusot Attorney File#: 2140644 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 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 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 HIBU INC. f/k/a YELLOWBOOK INC. f/k/a YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Vs. Term JOHN KERR and JOHN KERR LAW PC WRIT OF EXECUTION (Pa R.C.P. 3252) NO 2014-07127 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JOHN KERR and JOHN KERR LAW PC, 5010 Ritter Road, Suite 109, Mechanicsburg, PA 17055, 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 defendants, accounts receivables, furniture, furnishings, equipment, inventory, tools, electronic equipment, vehicles, any and all other personal property belonging to the above-named defendants.. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of INTEGRITY BANK, 3345 Market Street, Camp Hill, PA 17011, GARNISHEE(S), as garnishee, All property of the above-named defendants, 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 defendants, including but not limited to account #, and any account owned solely or in part by the above-named defendants, which are in the possession, custody and/or control of said 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 1 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 $1.0,917.03 Interest -- $36.61 Attorney's Comm. % Attorney Paid $60.25 Plaintiff Paid Law Library $.50 Due Prothonotary $2:25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO KEATING AND LESSA, PC 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 8. Such other exemptions as may be provided by law 2