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
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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
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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
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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
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