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HomeMy WebLinkAbout02-2450AGWAY, 1NC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. SHAY FARWELL, : 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 firm of Salzmann, DePaulis & Fishman, P.C., on behalf of Plaintiff and enter judgment against the Defendant, Shay Farwell, for the amount of $1,018.84 in the above-captioned matter. Respectfully Submitted, Salzmann, DePaulis & Fishman, P.C. Melissa K. Dively, Esquire Counsel for Plaintiff Attorney ID#36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 AGWAY, 1NC., Plaintiff SHAY FARWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS Melissa K. Dively, Esquire, the undersigned, being duly swom according to law, deposes and says that the Defendant, Shay Farwell, has not appealed the verdict entered against him by District Justice John P. Weyman on December 21, 2001. Respectfully submitted, Salzmann, DePaulis & Fishman, P.C. Counsel for Agway, Inc. Attomey ID #36780 Swom to and subscribed to Before me this//~ day of ~,~, 2002. l otky Public(.j/! Notm'~ Laurie J. Porter, Notary Pul~l= Chambersburg Boro Frank n Co~ My Comm ss on Expires Nov. 22, 2004 Member, Pennsylvania Association Ot Notafles COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Dist. NO.: 39-3-03 DJ Name: Hon. JOHN P. ~"fMAN A~ess: 9724 ~IJI~IBERI~a~ID HIGHNAY P;O. BOX 135 pLEASANT HALL PA '- , ' (7170: 53'2 ~7672' !,~'' :~: 17246 AGWAY 512 WEST KING ST SHIPPENSBUKG, PA 17257 THIS IS TO NO~IFY .YOU THA~T: Judgment: ~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT .CIVIL CASE PLAINTIFF: NAME and ADDR. ESS ~AGWAY -~ 512 WEST KING ST SHIPPENSBGRG, PA 17257 VS. DEFENDANT: NAME and AbDRESS ~FAKWET.T', SHAY ~ 1725 WALNUT BOTTOM ROAD NEWVILLE, PA 17241 [Docket No.: CV-0000249-01 ] Date Filed: 11/20/01 ~zAy in the amount of $ I: O1 O _ O4 on: (Date of Judgment) 1 ~./~1/01 ~ 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 $' 960.84 Judgment Costs $ 58.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,018.84 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: ' Place: Time: 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 ~OTICE OF APPEAL. /o3~ ,~Lf O I Date (~.~. (~1~~ .. D~a.~ustic,~, "" :~ t th,s ,S a ~rue and C~t~opy of the re~d of the proceed,ngs conta,~'g [ [ ~e~fy t~ I~ O~ate ~~,~ ~~~ ~': '{ ,Dis;~ict'~ustic~'I My commission expires first Mon~/of January, 200~ SEAL AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CU~UAND CIVIL DIVISION COUNTY, PENNSYLVANIA AGWAY INC., Plaintiff Plaintiff(s) SHAY FARWELL, Defendant(s) * Docket No. ~ NOTICE OF FILING JUDGMENT (X) Date: Notice is hereby given that a J- P- Transcript of Judc{ment in the above-captioned matter has been entered against you in the or _ __ on .D';_~¥ ~ .xW 2002 amount · [ · A copy of all documents filed with the Prothonotary in support of the within.judgement -. - -Prot-h~notar~,/ Clerk, ~ivilt~iv. you have any questions regarding (his Notice, please contact the filing party: NAM'~: Melissa K. Dively, Esq./Salzmann, DePaulis & Fishman~C ADDRESS: 455 Phoenix Drive, Suite A ~ Chambersburg, PA 17201 TELEPHONE NO.: (717) 263-2121 (This Notice is given in accordance with Pa. R.C.P. 236.) AGWAY, 1NC., Plaintiff V. SHAY FARWELL, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O : 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 Shaw Farwell, Defendant: (3) And against N/A , Garnishee(s): (4) And index this writ (A) Against Shaw Farwell, 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, Shaw Farwell, of 1725 Walnut Bottom Road, Newville, Pennsylvania 17241. (5) Amount due Interest from 12/21/01 to 5/17/02 ~ 6% plus $.17 per diem thereafter Total $1,018.84 $ 24.99 $ 1,043.83 Plus All Costs in Offices Of Prothonotary & Sheriff Dated: M~.~'~v~y, Esquire _~.~OottOrney fgr Plaintiff Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be incF~cated. Under Rule 3013(c) a writ issued on a ta-ansferred 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 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 SHAY FAR. WELL, 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 fights 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) (b) Fill out the claim form and demand a prompt hearing. 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 SHAY FARWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW 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 e~x"emptiuns as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF: 1. The above-named defendant claims exemption of property from levy or aRachment: (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 heating 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 tree 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2450 Civil COUNTY OF CUMBERLAND) CiVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AGWAY, INC., Plaintiff (s) From SHAW FARWELL, 1725 WALNUT BOTTOM ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, SHAW FARWELL, OF 1725 WALNUT BOTTOM ROAD, NEWVILLE, PA 17241. (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 defandant(s) not levied upon an subject to attachment is found m 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 $1018.84 L.L. $.50 Imerest FROM 12/21/01 TO 5/17/02 ~ 6% PLUS $.17 PER DIEM - $24.99 Atty's Corem % Due Prothy $1.00 Atty Paid $31.75 Other Costs Plaintiff Paid Date: MAY 20, 2002 REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, DEPAULIS & FISHMAN, P.C. 95 ALEXANDER SPRING ROAD SUITE 3 CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-7334 Supreme Court ID No. 36780 CURTIS R. LONG Prothonotary, Civil Division WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2450 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AGWAY, INC., Plaintiff (s) From - SI-l/kY FARWELL, 1725 WALNUT BOTTOM ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, SHAW FARWELL, OF 1725 WALNUT BOTTOM ROAD, NEWVILLE, PA 17241. (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 $1018.84 L.L. $.50 Interest FROM 12/21/01 TO 5/17/02 ~ 6% PLUS $.17 PER DIEM - $24.99 Atty's Comm % Due Prothy $1.00 Atty Paid $31.75 Other Costs Plaintiff Paid Date: MAY 20, 2002 REQUESTING PARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN, DEPAULIS & FISHMAN, P.C. 95 ALEXANDER SPRING ROAD SUITE 3 CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-7334 Supreme Court ID No. 36780 CURTIS R. LONG Prothonotary, Civil Division t R. Thomas Kline, Sheriff, who being duly that this writ is returned SATISFIED. sworn according to law states Sheriff's Costs Docketing 18.00 Poundage 20.38 Advert isinU 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Postpone Sale 15.00 Surcharue 20.00 Levy 20.00 TOTAL $120.06 paid by defendant 10/15/02 Sworn and subscribed to before me This ~/~- day of~___ ~ot~ary Public ATTORNEY Melissa Dively WRIT NO. 2002-2450 Civil Agway, Inc vS Shay Farwell 1725 Walnut Bottom Road Newville, PA 17241 Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees DISTRIBUTION Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postpone Sale Sumharge Garnishee Levy $1,018.84 50.66 31.75 $1,101.25 $ 18.00 20.38 10.00 .50 ! .00 15.18 15.00 20.00 20.00 $120.06 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Attorney $1,101.25 Refund of Adv. Costs 150.00 Pd. To Prothonotary 1.50 $1,221.31 150.00 $1,371.31 So Answers:_ R. Thomas Kline, Sheriff By~~'/ AGWAY, INC., Plaintiff SHAY FARWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2450 Civil Term : : : CIVIL ACTION- LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment settled, satisfied and discontinued of record against the Defendant, Shay Farwell, which was filed on May 20, 2002. Respectfully submitted, Salzmann, DePaulis & Fishman, P.C. By: Melissa K. Dively, Esquire Attorney ID No. 36780 Inc~. - Counsel for Plaintiff, Agway, 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the.~LQ_ day of October, 2002, I served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid addressed as follows: Shay Farwell 1725 Walnut Bottom Road Newville, PA 17241 Respectfully submitted, Salzmann, DePaulis & Fishman, P.C. Counsel for Plaintiff, AgW~, Inc.