Loading...
HomeMy WebLinkAbout06-5661 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. VS. RANDY SCHMALZ and CAROL SCHMALZ CIVIL ACTION Defendant PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the Pennsylvania Rule of Civil Procedure 3002, kindly file and index the attached certified docket entries and judgment previously entered in the Court of Common Pleas of Cambria County, in an action captioned HUDSON & KEYSE, LLC vs. RANDY SCHMALZ and CAROL SCHMALZ, at docket no. 2059 Term 2005, and assess damages in favor of the Plaintiff, HUDSON & KEYSE, LLC , and against the Defendant, RANDY SCHMALZ and CAROL SCHMALZ, as follows: Amount of Foreign Judgment $10,415.07 '-Z, Interest (from May 15, 2006 to 2006 at statutory of 6% per annum) TOTAL Dated: September 20, 2006 Attorney File # 2041829 Damages assessed and judgment entered as above: PROTHONOTARY 224.98 $10,640.05 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 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 CAMBRIA COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY HUDSON & KEYSE LLC Plaintiff(s) VS. RANDY SGRMr IZ CAROL SCHMALZ Defendant(s) No. 705.9 Term, 200 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, PATTY BERKEBILE, PROTHONOTARY of the Court of Common Pleas of Cambria County, Pennsylvania, do hereby certify that the following is a true, correct and full copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of HQDSON & KFVSF T T,V_PT-A_TNTTRF and against RANDY SCHMALZ AND CAROT SCHMAT Z- DFFFNAANT-4 on the 15th day of MAY , 20 06 , in the above captioned case in the amount of $ 10, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court, on the t girt, day of RFYTFMRFR A.D. 2006 -. Patty Berkebile, Prothonotary By: Deputy Y CD CD 0 b w, 0 w a. w 0 r? ,n U. c d n ? z y d o z y d ro1 C 5' z 0 can 0 IIYS511 Cambria County Prothonotary. Page 1 Civil Case Print 2005-02059 HUDSON & KEYSE LLC (vs) CAROL SCHMALZ Reference No..: Filed........: 5/09/2005 Case Type.....: NOTICE OF APPEAL 10415.07 Judgment Time...... : Execution Date 1:00 0/000000 ..... Judge Assigned: Disposed Desc.: Jury Trial.... Disposed Date. t 1 i C 0/00/0000 ------------ Case Comments ------------- .: r gher H Higher Crt 2.: ******************************************************************************** General Index Attorney Info HUDSON & KEYSE LLC PLAINTIFF AMATO RONALD C/O AMATO AND MARGLE PC 107 NORTH COMMERCE WAY BETHLEHEM PA 18017 SCHMALZ RANDY DEFENDANT 443 DEVON DRIVE JOHNSTOWN PA 15904 SCHMALZ CAROL DEFENDANT 443 DEVON DRIVE JOHNSTOWN PA 15904 1400 BENTCREEK BOULEVARD ******************************************************************************** Judgment Index Amount Date Desc SCHMALZ RANDY 10,415.07 5/15/ SCHMALZ 2006 DEFAULT JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - 5/09/2005 NOTICE OF APPEAL, FILED. (TRANSCRIPT ATTACHED) ------------------------------------------------------------------- 5/17/2005 PROOF OF SERVICE OF NOTICE OF APPEAL, FILED BY RONALD AMATO, ESQ. ------------------------------------------------------------------- 5/23/2005 COMPLAINT IN CIVIL ACTION AND NOTICE FILED BY RONALD AMATO, ESQ. AMOUNT OF DAMAGES CLAIMED: $5,918.66 ------------------------------------------------------------------- 6/03/2005 CERTIFICATE OF SE VICE OF PLAINTIFF'S COMPLAINT, FILED BY RONALD AMATO, ESQ. (526/05) ------------------------------------------------------------------- 5/15/2006 PRAECIPE FOR DEFAULT JUDGMENT FILED BY RONALD AMATO, ESQ. JUDGMENT ENTERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS IN DEFAULT OF AN ANSWER IN THE AMOUNT OF $10,415.07. (SEE PAPER FOR BREAKDOWN) JUDGMENT ENTERED AND INDEXED. PATTY BERKEBILE S/ PROTHONOTARY. PROTHONOTARY'S NOTICE OF ENTRY OF JUDGMENT ISSUED TO DEFENDANT. IMPORTANT NOTICE FILED DATED 04/25/06. NON-MILITARY SERVICE AFFIDAVIT FILED. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Infor ation * Fees & Debits Bw*Bal***Pjmts/Ad ******End Bal *********************************** ****** ************************* TAX ON APPEAL .25 .25 .00 JCS/ATJ FEE 10.00 10.00 .00 AUTO TION FEE 5.00 5.00 .00 JDMT/DFLT WRIT .50 .50 .00 CERT OF DOC ENT 10.00 10.00 .00 APPEAL 50.00 50.00 .00 JDMT/DEFAULT 14.00 14.00 -------- --- .00 --------- --------------- 89.75 - 89.75 .00 ******************************************************************************** * End of Case Information ?.YS511 Cambria County Prothonotary Page 2 Civil Case Print I f ^ . 2005-02059 HUDSON & KEYSE LLC (vs) CAROL SCHMALZ Reference No... Filed......... 5/09/2005 Case Tyyppe..... : NOTICE OF APPEAL Time.........: 1:00 Judgment..... : 10415.07 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.• ******************************************************* ************************ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. VS. RANDY SCHMALZ and CAROL SCHMALZ CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that 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 of 2003; That Randy Schmalz is over 18 years of age, resides at 1400 Bentcreek Boulevard, Apt. 107, Mechanicsburg PA 17050 and is employed; That Carol Schmalz is over 18 years of age, resides at 1400 Bentcreek Boulevard, Apt. 107, Mechanicsburg PA 17050 and is employed; Sworn to and subscribed before me this'. day of 2006 A.D. NOTARY VUBLIC tJOTARIAL SEAL GEOFFREY G SCHOENECK Notary Public HANOVER TOWNSHIP, NORTHAMPTON CNTY My Commission ExPlrss Mar 299 2008 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. Ctl- SZOIL-( elc;tt? VS. RANDY SCHMALZ and CAROL SCHMALZ Defendant : CIVIL ACTION AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF NORTHAMPTON Ronald Amato, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, HUDSON & KEYSE, LLC, is authorized to make this affidavit on its behalf; and that, to the best of his knowledge, information and belief: 1. The name of the judgment debtor is RANDY SCHMALZ and CAROL SCHMALZ. 2. The last known post office address of the judgment debtor is 1400 Bentcreek Boulevard, Apt. 107, Mechanicsburg PA 17050. 3. The name of the judgment creditor is HUDSON & KEYSE, LLC. 4. The last known post office address of the judgment creditor is 382 Blackbrook Road, PAINESVILLE OH 44077. 5. The judgment in favor of Plaintiff, HUDSON & KEYSE, LLC, and against Defendants, RANDY SCHMALZ and CAROL SCHMALZ, entered in the total sum of $10,415.07 in the Court of Common Pleas of Cambria County, is valid, enforceable, and unsatisfied as of this date; September 20-2006- SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY , OF 2006 co- eeb Nota Public NOTARIAL SEAL GEOFFREY G SCHOENECK Notary Public HANOVER TOWNSHIP, NORTHAMPTON CNT1f My Commission Expires Mar 29, 2008 Ronald Amato W a 1 V .r? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. vs. RANDY SCHMALZ and CAROL SCHMALZ CIVIL ACTION Defendant NOTICE OF JUDGMENT Iz- LL Please be advised that the above-named Plaintiff, HUDSON & KEYSE, LLC , has transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, a judgment entered against you in the Court of Common Pleas of Cambria County. Said judgment being entered in the Court of Common Pleas of Cumberland County, Pennsylvania, to the above civil action number against the above named defendants in the amount of $A> j4a.G7, this c2v_ay of S p?-- , 2006. P HONO Y - MBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 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 HUDSON & KEYSE, LLC Plaintiff VS. RANDY SCHMALZ and CAROL SCHMALZ . No. 06-5661 Civil PRAECIPE FOR WRIT EXECUTION (MONEY JUDGMENT) Defendant(s) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed 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 vehicles, electronic equipment, any and all other personal property belonging to the above- named defendant(s). (2) against RANDY SCHMALZ and CAROL SCHMALZ, Defendant(s) (3) and against ........................................Garnishee(s) (4) and index this writ a against ................. .................Defendant(s) and (b) against .......................................Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe the property) (5) Amount Due $ 10,415.07 Statutory Interest From September 27, 2006 $ 140.36 Less Payment $ 0.00 Costs $ Poundage $ Total $ 10, 555.43 AMATO AND ASSOCIATES P.C. By: Date:December 14, 2006 Ronald Amato Attorney I.D. No. 32323 Attorney File#: 2041829 Attorneys for Plaintiff i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. RANDY SCHMALZ and CAROL SCHMALZ Defendant(s) No. 06-5661 Civil CIVIL ACTION CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 1400 Bentcreek Boulevard, Apt. 107 Mechanicsburg PA 17050 Dated:December 14, 2006 AMATO AND ASSOCIATES, P.C. By: /l_ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2041829 ?.k n rti e 4q. ` o y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HUDSON & KEYSE, LLC., Plaintiff (s) From RANDY SCHMALZ AND CAROL SCHMALZ, 1400 BENTCREEK BOULEVARD, APT. 107, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,415.07 L.L. $.50 Interest - STATUTORY INTEREST FROM 9/27/06 - $140.36 Atty's Comm % Arty Paid $38.00 Plaintiff Paid Due Prothy Other Costs Date: JANUARY 2, 2007 (Seal) Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 N. COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HUDSON & KEYSE, LLC., Plaintiff (s) From RANDY SCHMALZ AND CAROL SCHMALZ, 1400 BENTCREEK BOULEVARD, APT. 107, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,415.07 L.L. $.50 Interest - STATUTORY INTEREST FROM 9/27/06 - $140.36 Atty's Comm % Due Prothy Atty Paid $38.00 Plaintiff Paid Other Costs Date: JANUARY 2, 2007 (Seal) REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 N. COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Curtis R. Long, Prothonotary Deputy Supreme Court ID No. 32323 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 1.59 .50 1.00 9.68 Advance Costs: 150.00 Sheriff's Costs 80.77 69.23 30.00 20.00 80.77 ? l A16 3/0'I (,,. Refunded to Atty on 10/24/07 So Answers, 'R0TT omas Kline, en fi By ?` -? 1i :{I V 6- Vr LOOZ ck. G b 2 ? 7