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Home My WebLink About05-1884 CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS - JP1r elu~l~~ JAMES L. MILLER, Defendant CIVIL ACTION ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Melissa K. Dively, Esquire of Salzmann Hughes, P.C., on behalf of Plaintiff and enter judgment against the Defendant, James 1. Miller, for the amount of $4,322.39 in the above-captioned matter. Respectfully Submitted, Salzmann Hughes, P.c. 'lib Date: April L, 2005 '~ ",,'. '~~ '" By: ' , ,~,,-)I..... Melissa K. ively, Esquire ' Attorney ID#36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NA~E andADDfiESS ~LISLE CEMENT PRODUCTS, INC. I 510 E NORTH STREET P.O. BOX 617 ~LISLE, PA 17013 ~ VS. ,90MMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND' Mag. Dist No. 09-2-01 OJ Name: Hon. Address PAULA P. CORREAL 1 COURTHOUSE SQUARE CARLISLE, PA T"'pho", (717) 240 - 6564 17013 - 0000 ATTORNEY FOR PLAINTIFF DEFENDANT: NAME and ADDRESS 'MILLER, JAMES L. 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 MELISSA K. DIVELY, ESQUIRE 455 PHOENIX DRIVE SUITE A CHAMBERSBURG, PA 17201 L Docket No.: CV- 0000336 - 04 Date Filed: 9/10/04 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT ,TUDGMENT PLTF [i] [i] Judgment was entered for: (Name) ~~'RT.T~T.R l"'RMllPJ'l' 'PRnnT1C'.T~ I TN/'" Judgment was entered against: (Name) MTLT.ER. .TlIM'R!l r. in the amount of $ (Date of Judgment) 4,122 1q on: 12/20/04 o o o Defendants are jointly and severally liable, (Date & Time) Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total ..,- This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion at Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I '~ ..~, ,'- ~ $ 4.183.76 $ 138.63 $ .00 $ .00 $ 4.322.39 ------------ ------------ 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. 12-20~04 (&./. -~~~ , District Justice Date 12-20-04 nin the judgment. , District Justice , I certify that this is a true a Date My commission expires first Monday of January, 2006 SEAL AOPC 315,03 12/20/04 DATE PRINTED: 2:45:30 PM ':-. -p , ~ \1- ':i- r '" ~ ~ ~ ~ ~J "") --- y f ( (::, ?\l r- --k,.. - ..,() p c, ~) y ,~.J::' c:> ';;: ^~:~; i..:: r_~;;cC-, Vl. ----- ...() en , . . s;.-=\- <T~( /'0 j.;'c_ '~T.. ::~ .,:::; CO u" Y' _1'\ -;b Q, .-' '"'1: ...,.~\ fn r:: _nrr.'\ _ ~_'(J C,? ~'~~j\ ~~ ,"~., o ::4 .- ~ .- .- \ Th \-1 :z::..- -i rJ .... CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0[; - IPfY C!,ulL~~ JAMES L. MILLER, Defendant CIVIL ACTION NOTICE OF FILING JUDGMENT TO: JAMES L. MILLER You are hereby notified that on ~fL~ l been entered against you in the above-capti ed case. I) ,2005, the following judgment has Date: ;y lid-. /(~ i , $4,322.39 plus interest and costs ~ 0A/l-JM~ ~ . -=- Prothonotary I hereby certify that the names and addresses of the proper person to receive this notice are as follows: Defendants: James L. Miller 296 Old Stone House Road Carlisle, PA ]70]3 Creditor/Plaintiff: Carlisle Cement Products, Inc. 5] 0 East North Street P.O. Box 6]7 Carlisle, P A ] 7013 I hereby certify that the precise address as to Plaintiff and last known address as to Defendant are correct as set forth above. .--~~~..,.=.=::=:) Melissa ~Ulre Counsel for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Of) - 'PJ>i G()~ L ~~ CARLISLE CEMENT PRODUCTS, INC., Plaintiff JAMES 1. MILLER, 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, Peunsylvania: (2) Against James L. Miller, Defendant: (3) And against N/A , Gamishee(s): (4) And index this writ (A) Against James 1. Miller, Defendant (B) Against_N/A (Garnishee(s) As a \is 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 Defendant, James L. Miller, of296 Old Stone House Road, Carlisle, Pennsylvania 17013. (5) Amount due Interest from 12/20/04 to 4/7/05 @6% $ 4,322.39 $ 76.68 Total $ 4,339.07 Plus All Costs in Offices Prothonotary & Sheriff Dated: 1.._ '-I 'l!U) l,,- Me lssa . Dively, Esquire Attorney for Plaintiff NOTE Under paragraph (I) when the writ is direcled to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3013@ 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 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 30 14(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 31 04( c). [ ~, + ~ -- ~ \;'" - .,.., ...0 '\) r - ~y :.,t.. ~ L 'f'. t W l (:0 fJr"- jt:.1l ~-tQ . -- V) \) c \) ("~ r --- -'S w \;"" ~ U1 , -Oq -- 90:0 h V. ~ () C> V'1 () ! ' -t.J ~ ~?- ::: GJ~ ~ ~& r-?, ~ o ;0" ';;~ -;;:l -- r-" ~~ .~~,. .' <.~) - - CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. JAMES L. MILLER, Defendant CIVIL ACTION WRIT OF EXECUTION - NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment 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. JAMES 1. MILLER, 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 personal property in my possession which has been levied upon: (a) 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 exempt ion): 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 andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC" Plaintiff (s) From JAMES L. MILLER, 296 OLD STONE HOUSE ROAD, CARLISLE, PA 17013 NO 05-1884 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, JAMES L. MILLER, OF 296 OLD STONE HOUSE ROAD, 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 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 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $4,322.39 L.L. $,50 Interest FROM 12/20/04 TO 417105 @ 6% - $76.68 Atty's Comm % Alty Paid $36,75 Plaintiffpaid Due Prothy $1.00 Other Costs Date: APRIL 12, 2005 CURTIS R. LONG (Seal) Prothonotary [) /0 ~: an?€.... U?A/t,;-- Deputy REQUESTING PARTY: Name MELISSA K. mVEL Y, ESQUIRE Address: SALZMANN HUGHES, P.c. 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780