Loading...
HomeMy WebLinkAbout05-1885 CARLISLE CEMENT PRODUCTS, INC., Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~ - IPftS CI~~L~u-V>\. ED MULLEN, 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, Ed Mullen, for the amount of $1 ,605.47 in the above-captioned matter. Respectfully Submitted, Salzmann Hughes, P.C. . 'I"~ Date: April I!C-', 2005 --, /.=:::.:.~ By: ~)nveIY, squire "\ Attorney ID#36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 CARLISLE CEMENT PRODUCTS, INC., Plaintiff v. ED MULLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ - tPPS CU~CJ~ CIVIL ACTION AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS: Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Ed Mullen, has not appealed the verdict entered against him by District Justice Paula P. Correal on July 12, 2004. Sworn to and subscribed to Before me this7~ day of April, 2005, ~~;~r~~~~:~( ( (i ~y IC~Ui(CC ~- COMMONWEALTH OF PENNSYLVANIA Notalial Seal Stephanie A. Bingaman, Notary Public Chambarsburg Boro, Franklin County My Commission Expires Dac. 18, 2008 Member. Pennsylvania Association Of Notaries ~ ~ Meli ~d:vdY, squire Attorney ID#36780 ,. COM.MONW.EALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag, OisL No.; 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 : SALZMANN, HUGHES & FISHMAN, P.C. 455 PHOENIX DRIVE APT/STE A MELISSA DIVELY, ESQ. CHAMBERS BURG , PA 17201 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ISLE CEMENT PRODUCTS, INC. PO BOX 617 510 E. NORTH ~LISLE, PA I STREET 17013 VS. .J DEFENDANT, IJmLLEN, ED 446 KERRSVILLE ROAD CARLISLE, PA 17013 L NAME and ADDRESS I .J - Docket No.: CV- 0000045 - 04 Date Filed: 2/10/04 Judgment was entered for: (Name) FOR PLAINTIFF [i] [i] C'IIRT,TRT.1>. C'1>.MF.N'I' PRnnnC''I'R. TNC' Judgment was entered against: (Name) in the amount of $ 1,60"' 47 on: MTTT.T.1>.I\T F.n 7/11./04 . . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S, S 8127 $ O Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 1.512.84 Judgment Costs $ 92.63 Interest on Judgment $ .O() Attorney Fees $ .00 Total $ 1.605.47 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 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. 7-1i:---U4 Date (~~ -~~~ , District Jystice I" i ~,;)4 \~.~-,./ .' I certify that this is a true and corre.9 copy of the record of the procE!edings cO,l1taining the judgment. , , District JustiSe ..' .. Date . I My commission expires first Monday of January, 2006 AOPC 315,03 DATE PRINTED: 7/13/04 SEAL 7:58:26 AM ~-~ I): - \' I ~~ ~ ~ RS (y f= JUL 1 4 1011' ..c. ""-"- -0 ~ CfI <n ~~ ~ -r- '- (':) 'l (') ~;~ ....' c:..? f}. ~ ~ Q. 9--n fn'(> ..-("1r-'l\ __~C)C) l:~~) .;c~'\\ .....'.\ '";.;~ '~3.. "'" -,. -- -- -- '" <: - .------- .- '" L"':,'_ .Ie-. -2. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, C>~ - JPRS C;u~L ~SL'J CARLISLE CEMENT PRODUCTS, INC., Plaintiffs ED MULLEN, Defendant CIVIL ACTION NOTICE OF FILING JUDGMENT TO: ED MULLEN You are hereby notified that on ~l n \-1 been entered against you in the above-capti ned case. i1 ,2005, the following judgment has - Date: .if //;J../rx,\ k- $1,605.47 plus interest and costs Prothonotary I hereby certify that the names and addresses of the proper person to receive this notice are as follows: Defendants: Ed Mullen 446 Kerrsville Road Carlisle, P A 17013 Creditor/Plaintiff: Carlisle Cement Products, Inc. 510 East North Street P.O. Box 617 Carlisle, PA 17013 I hereby certify that the precise address as to Plaintiff and last known address as to Defendant are correct as set forth above, ------~~..~+ Melissa K. iv~~ Counsel for Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D~ ~ /PPS O;u,L ~'V2-l CARLISLE CEMENT PRODUCTS, INC., Plaintiff ED MULLEN, 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, Pennsylvania: (2) Against Ed Mullen, Defendant: (3) And against N/A , Gamishee(s): (4) And index this writ (A) Against Ed Mullen, Defendant (B) Against _N/A (Garnishee(s) As a lis pendens against real property of the defendant(s) in the name ofthe garnishee(s) as follows (specifically describe property) Any and all personal property of the Defendant, Ed Mullen, of 446 Kerrsville Road, Carlisle, Pennsylvania 17013. (5) Amount due Interest from 7/12/04 to 417105 @6% $ 1,605.47 $ 69.94 Total $ 1,675.41 Plus All Costs in Offices Of.~~'?thonotary & S !1b/Jf j 'I Dated: 7 c-c> Melissa K. quire Attorney for Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 31 03(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) (al 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 3014(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 3104(c). t 1.~ ~~] \:=J~ '+ (\'\ ~ 6' t \J l ~ -4:l. --;- , C ~ Q r---(0 r\'J -l.Q. - -VI oJ ),j...o . ~. ~\) ~V{(/'IO \J( 0, I -0 ~r- -::, '::. '+-n v:J+- :::-~ t-') c,:. c-.:> .:o'r1 ~,:> e,.J-\ ._._, y ::.c .-,:' \\\ ~; - ('V , ~) r; ~ / -' - .. - r-v - ,....---- CARLISLE CEMENT PRODUCTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, ED MULLEN, 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 ofthese 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 Sheriffs 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. ED MULLEN, Defendant CNIL ACTION MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) $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 [ ] Ill. 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 and/or 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) NO 05-1885 Civil CIVIL ACTION - LAW From ED MULLEN, 446 KERRSVILLE ROAD, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT ED MULLEN, OF 446 KERRSVILLE 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 garnishee(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) If property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,605.47 Interest FROM 7/12/04 TO 4/7/05 @ 6% - $69.94 Atty's Comm % Arty Paid $36,75 Plaintiff Paid Date: APRIL 12, 2005 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ~. 2~()..-.. 0 _P 77(-/?/J/IJ / Deputy REQUESTING PARTY: Name MELISSA K. mYEL Y, ESQUIRE Address: SALZMANN HUGHES, P,C, 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 ~.~:'.::~~"" , ?""0> <Yp:?) R. Thomas Kline, Sher;iff;)vAI;rbeing~-!llW'Orn according to law, states this ~~rit is returned ABANDDNED, no action taken in six months. Sheriffs Costs: 1085 !I,PI1 ! 3 1'-\ '0: \ 1 Advance Costs: 150.00 Sheriffs Costs 64.47 85.52 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL ~ ~ ~ ~ 18.00 1.28 .50 1.00 3.70 Refunded to Atty on 01106/06 20,00 20.00 64.4g Sworn and Subscribed to before me So Answers; 2006 A.D, ,"~-~L~ J ' R. Thomas Kline, Sheriff ! BY~u::kJ:L- ~ '- "-p ~, '\ ,,'1) C"),'l'i'C \, CH " .) I HO.Lfy ijUV 08L9( 'oN m j.U1oJ OillOldns lZIZ-(9Z-LIL :oUOljdOlO.L III1I.LNIV'Id :10j AOWOUY IOUI Vd '::HIfUISlI:!IlIWVH:J v :!I.LIIlS ':!lAma XIN:!IOHd SS" ';)'d 'S:!IH~flH NNVWZ'IVS :SSOlPPY IDIIIlOS:!I 'A'I:!IAIa')I VSSI'I:!IW Oill"N :ADIYd DNI.LS3n031l Alndoa '~IVC/ev~ d- t7'VO~ :lu-- "\ouolj\Old (I"OS) ~NO'I 'lI SI.LlIfl;) OS'S '1'1 SOOZ 'ZI 'ImdV :O\"G pmd jjl\umld SL'9($ pmd AUY % 1UlU0J S.AUY "6'69$ - %9@50/L/" O.L "O/ZI/L WOll... \S010\U1 L"'S09'{$ ona \unowy S\SOJ 10ljlO OO'{$ Alj\Old ona .p~~BlS ~AOqC SB p:au~oru~ s~ pUC :a:aqs~Ulen: " se poppe uoog selj OljS/Olj l"lj\101JiUlIlj Ajl\OU 0\ pOP011p 01" nOA 'OOljSlwe~ poweu e uelj\101jl0 OUOAue jO uOlssossod Olj\ Ul punOj SlluoUIljoeue 0\ porqns ue uodn POlAJI\OU (s)\uepUOpp 01jljO A\lodOldjl (f) :j0010lj\ ~Ulsodslp OSIM101jl0 10 (s) wepUOPP OljljO A\lodOld Aue ilU1l0A'PP W01J pue (s) luepUOJop OljljO lUnDOOe Oljl10J 10 O\lgop AU" ilUlA"d wo.g pOUloruo S! (s)ooljs!weil Oljl (g) 'pOllSSI UJog selj \uJUIljoene ue (e) :\eljl (s)ooljslwe~ Oljl AJI\OU 01 PU" :SMOllOJ se (S)33HSIN~YD JO UO!sSJssod olj\ ul uodn p01AOIIOU (s)\uepuopp olj\Jo ,(pOdOld Oljl ljoeue 01 pOpOllp oSle Ole nOA (Z) nOL I V d ':!I'ISITIlV:J 'avOll :!I1'IIASIDIIDI 9"" 110 'N:!I'l'IflW a:!l .LNVaN:!III:!Ia :!IH.L 110 A.LlI:!IdOlld 1VNOSlI:!Id 'I'IV aNY ANV 1I0s 0\ pue(s) juepuoJOp JljUo A\lodOld Oljl uodn AAOl 0\ pOpOllp 01" nOA (I) (lOLl Vd ':!I1SI'IlIV:J 'avoll :!I11IASIDIIDI9"" 'N:!I1'IflW a:!l WOler (s) JJ!lu,eld ":JNI 'S.L:JflaOlld .LN:!IW3.:J 3.'1S1TIlV:J onp SISOO pue ,S010\ut ',qop olj\ AJs,\e, 0.L :A.LNnOJ aNVTII:!IlIJ~fl:J ero ererm3HS 3H.L O.L (aNY1~3HWnJ ero A.LNflOJ (YINY A 1ASNN3d erO H.L1Y3MNOWWOJ M Y1- NOI.LJY 1IAI:J HAD S88{-SO ON .LN3.WH:JV.L.LV lO/PUB NOI.Lfl:J:!IX:!I 110 .tIlIM