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HomeMy WebLinkAbout02-1307AGWAY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. (.~ -- IJO7 : STANLEY DEIMLER, : Defendant : CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance ofMelissa K. Dively, Esquire of the law finn of Salzmann, DePaulis, Fishman & Morgenthal, P.C., on behalf of Plaintiff and enter judgment against the Defendant, Stanley Deimler, for the amount of $1,129.89 in the above-captioned matter. Respectfully Submitted, Date: March ~ , 2002 Salzmann, DePaulis, Fishman & Morgenthal, P.C. Melissa K. Dively, Esquire Counsel for Plaintiff Attorney ID#36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 AGWAY, INC., Plaintiff STANLEY DEIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~--120"/ : : CIVIL ACTION - LAW 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 Defendant, Stanley Deimler, has not appealed the verdict entered against him by District Justice John P. Weyman on May 29, 2001. Respectfully submitted, Salzmann, DePaulis, Fishman & Morgenthal, P.C. Me~ivcly, s~ire Counsel for Agway, Inc. Attorney ID#36780 Sworn to and sub~s~bed to Before me this ~::~tay of March, 2002. ~ Laurie d. Porter, Notary Pub~ I MCvha..m_be~.bu.rg B_om, Franklin ColJ__n~y / ¥ ~omm~ss~on Expires Nov. 22, 2004 Member, P~npsylvani8 AssoclaUon Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF: FRANKLIN Mag, DisL NO.: 39-3-03 DJ Name: Hon. JOHN P. W~,ZMAN ~": 9724 CUMBE]~T,AND HIGHWAY P,O. BOX 135 , 'PLEASANT HALL, PA i717 532.7672 1724 6 AGWAY 512 WEST KING ST SHIPPENSBURG, PA 17257 THIS IS TO NOTIFY YOU THAT: Judgment: .... : ~ Judgment was entered for: (Name) a~wa¥ ~'] Judgment was entered against: (Name) CIVIL CASE PLAINTIFF: NAME and ADDRESS FAGWAY 512 WEST KING ST SHIPPENSBURG, PA 17257 VS[ DEFENDANT! NA~E &nd ADD,lESS CDEIMLER 114'7 MECHANICSBuRG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000050-01 Date Filed: 3/07/01 in the amount of $ l:l~.q_Rq on: (Date of Judgment) Defendants are jointly and severally liable. Damages will be assessed on: ~--'-] This case dismissed without prejudice. ~--] Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ Levy is stayed for days or ~ generally stayed. '--]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 1,023.24 Judgment Costs : $ 106.65 Interest on Judgment $ o 00 Attorney Fees $ o 00 Total $ 1,129.89 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Time: Place: 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. ~-3'~-OJ. Date ~'~-~ .: ,Dislrictjustice I:I certify that this is a true and c~Ct coPY of the rec~rd_of the proceedings Contai~]ing the judgment,: .~l;~'''~'' ''-~ ;~' Date~ ~ ' District JuSticeI, AOPC 315-99 ¢..rl _< AGWAY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. O& '-- I,.~07 : STANLEY DEIMLER, : Defendant : CIVIL ACTION - LAW (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 Stanley Deimler, Defendant: (3) And against N/A , Gamishee(s): (4) And index this writ (A) Against Stanley Deimler, Defendant (B) Against N/A (Garnishee(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 Defendant, Stanley Deimler, of 1147 Lamb's Gap Road, Mechanicsburg, Pennsylvania 17055. (5) Amount due Interest from 5/29/01 to 3/6/02 @ 6% plus $. 19 per diem thereafter Total $ 1,129.89 $ 53.58 $ 1,183.47 Plus All Costs in Offices Of Prothonotary & Sheriff Dated: ~ Melis= e Attorney for Plaintiff NOTE Under paragraph (1) when the writ is directed 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 lxansferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only ifa 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 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). AGWAY, INC., Plaintiff V. STANLEY DEIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW 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 heating. (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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 AGWAY, INC., Plaintiff Vo STANLEY DEIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW TO THE SHERIFF: 1. (1) (2) (3) (4) (5) (6) (7) (8) $300.00 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation Social Security benefits Certain retirement funds and accounts Certain veteran and armed forces benefits Certain insurance proceeds Such other exemptions as may be provided by law CLAIM FOR EXEMPTION The above-named defendant claims exemption of property from levy or attachment: (1) 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 exemption): I request a prompt court hearing to determine the exemption. Notice of the heating 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. §4904 relating to unsworn falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. L R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi~ writ is returned SATISFIED. Sheriff's Costs: Docketing $ 18.00 Poundage 22. g 9 Advertising Law Library .50 Prothonotm7 1. O0 Mileage 15,18 Misc. Surcharge 20. O0 Levy 20.00 Post Pone Sale Garnishee PD BY DEFENDANT Sworn and Subscribed to before me This ~__~_ ctay of ~ IL Thomas Kline, Sheriff WR/T OF EXEcuTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02~1307 Civil TO THE S/4~ERIFF OF CML ACTION- LAW To satisfy the debt, CUMBERLAND COUNTy: /nterest and costs due AGWAY, INC., Plaintiff (s) PERSONAL PROPERTY. r0~ defendant (s)and'to sell ANY AND ALL (2) Y~u ar~ a~s~ directad to attach th~ pr~perty ~f the defendant(s) n~t iev/ed up~n in the p~ss~ssi~n of GARNISHEE(S) as follows: and. to no/fly the gamishae(s) that: (a) an attaclmlent has been issued; (b) the garnishee(s) paying any debt to or for the account of the d . is enjo/ued from (s) or otherw/se d/sposiug thereo/~ efendaut (s) and ~om dellver/ug any proue.~, of (3) ~..Ly me aelendant If property of the defendant(s) not lev/ed upon an subject to attachment is found/n the possession of anyone other than a named gam/shee, you are directed to not/fy h/m/her that ha/she has been added as a gam/shee and is enjo/ned as above stated. Amount Due $1,129.89 Interest L.L. $.$0 A ' FROM 5/29/01 TO 8/6/02 ~ 6% PLUS $.19 PER DIEM tv/s Corem % · - $53.58 AtlyPaid $31.75 DueProthy $1,00 Pla/nfiff Paid Other Costs Date: MARCH 18, 2002 REQUESTING PARTY: Name MELISSA K. DIVELy, ESQUIRE Address: 455 PHOENIX DRIVE; SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263~2121 Supreme Court ID No. 36780 CURTIS 1L LONG Prothonotary, Civil Division ATTORNEY Melissa K. Dively WRIT NO. 2002-1307 Civil AGWAY, Inc, vs Stanley Deimler Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $1129.89 58.90 31.75 DISTRIBUTION $ 1220.54 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy 18.00 22.59 .5O 1.00 15.18 20.00 20.00 Defendant Pd to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 1220.54 150.00 1.50 $ 97.27 $ 1317.81 150.00 $ 1467.81 So Answers: R. Thomas Kline, Sheriff AGWAY, INC., Plaintiff Vo STANLEY DEIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1307 Civil Term : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and discontinued against the Defendant, Stanley Deimler, which was filed on March 18, 2002. Respectfully submitted, Salzmann, DePaulis, Fishman & Morgenthal, P.C. Date:~' ca00, 2002 By~ 'K~ Melissa K. Dlv~ly,~squire ~ Attorney ID No. 36780 ~ Counsel for Plaintiff, Agway, Inc. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the day o 02, I served a true and correct copy of the within Praecipe to Satisfy Judgment via United States Mail, First Class, postage prepaid addressed as follows: Stanley Deimler 1147 Lamb's Gap Road Mechanicsburg, PA 17055 Salzmann, DePaulis & Fishman, P.C. Couns~ Agway(J.~