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HomeMy WebLinkAbout02-2583THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C;o' CIVIL ACTION - LAW {PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriffof Cumberland County, Pennsylvania: (2) Against Richard Den., individually and d/b/a and/or t/a Den.'s Hauling, Defendant: (3) And against N/A , Garnishee(s): (4) And index this writ (A) Against Richard Den., individually and d/b/a and/or t/a Den.'s Hauling, Defendant (B) Against N/A (Garnishee(s) As a lis pendens against real prope~y of the defendant(s) in the name of the garnishee(s) as follows (specifically describe property) Any and ail personal property of the Defendant, Richard Den', individually and d/b/a and/or tJa DeWs Hauling, of 7 Melwood Lane, Mechanicsburg, Pennsylvania 17055. (5) Amount due Interest fi.om 7/24/00 to 5/15/02 ~ 6% plus $. 11 per diem thereafter Total $ 674.44 $ 72.60 $ 747.04 Plus All Costs in Offices Dated: ~ Steven J. Fishman, EsqUire 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(c) a writ issued on a transferred judgment may be directed only to the sheriffof 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 3014Co). Paragraph (4) (b) should be completed only if real property in the name ora garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : 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 Richard Derr, individually and d/b/a and/or t/a Derr's Hauling, Defendant: (3) And against N/A , Garnishee(s): (4) And index this writ (A) Against Richard Derr, individually and d/b/a and/or t/a Derr's Hauling, 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, Richard Derr, individually and d/b/a and/or t/a Derr's Hauling, of 7 Melwood Lane, Mechanicsburg, Pennsylvania 17055. (5) Amount due Interest from 7/24/00 to 5/15/02 ~ 6% plus $. 11 per diem thereafter Total Dated: $ 674.44 $ 72.60 $ 747.04 Plus All Costs in Offices Prothonotary & Sheriff steven J. Fishm~ Esquire ~ 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(c) 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 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). THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, 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 fights, 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 heating. 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 THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (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 TO THE SHERIFF: I. 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 thc 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 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 unswom 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 02-2583 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From RICHARD DERR, INDIVIDUALLY AND D/B/A AND OR T/A DERR'S HAULING, & MELWOOD LANE, MECHANICSBURG, PA 17055 ( 1 ) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, RICHARD DERR, INDIVIDUALLY AND D/B/A AND/OR T/A DERR'S HAULING, OF & MELWOOD LANE, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GAILNISHEE(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 $674.44 L.L. $.50 Interest FROM 7/24/00 TO 5/15/02 ~6% PLUS $.11 PERDIEM - $72.60 Atty's Corem % Due Prothy $1.00 Arty Paid $2.50 Other Costs Plaintiff Paid Date: MAY 28, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name STEVEN J. FISHMAN, ESQUIRE Address: SAZMAN, DEPAULIS & FISHMAN, P.C. 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 71%263-2121 Supreme Court ID No. 16269 THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (~)a~, ~- ~P~.~ : CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Steven J. Fishman, Esquire, of the law finn of Salzmann, DePaulis & Fishman, P.C., on behalf of Plaintiff and enter judgment against the Defendant, Richard Den', individually and d/b/a and/or t/a Dent's Hauling, for the amount of $674.44 in the above= captioned matter. Date: Respectfully Submitted, SALZ~LIS~& FISHMAN, P.C. Steven J. Fishman, Esquire Counsel for Plaintiff Attorney ID#16269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Steven J. Fishman, Esquire, of the law finn of Salzmann, DePaulis & Fishman, P.C., on behalf of Plaintiff and enter judgment against the Defendant, Richard Derr, individually and d/b/a and/or t/a Derr's Hauling, for the amount of $674.44 in the above- captioned matter. Respectfully Submitted, Date: Salzmann, DePaulis & Fishman, P.C. Steven J. Fishrna~ Esquire Counsel for Plaintiff Attorney ID#16269 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or t/a DERR'S HAULING, 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 Steven J. Fishman, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Richard Derr, individually and d/b/a and/or t/a Derr's Hauling, has not appealed the verdict entered against him by District Justice Paula P. Correal on July 24, 2000. Respectfully submitted, Salzmann, DePaulis & F'~'~t~, Steven~h~n,Xgz.q~eX._../ - - Counsel for Agway, Inc. Attorney ID #16269 Sworn to and subscribed to Before me this I~q'~ day of ~'~Oa,V ,2002. Notary PuBlic Notarial Seal Kelly S. Baker, Notary Public South Mlddleton Twp., Cumberland County My Commission Expires Feb. 7, 2004 Member, Pennsfvania Association ol Notaries COM. MONWEALTH OF PENNSYLVANIA COU NT.y OF:~ 09-2-01 PAUI.~ P. CORREJ~ Address: ~A.4~T WING - COURTHOUSE I COURTHOUSE SQUARE NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDI~SS FTHS SENTINEL 457 E.NORTH ST. P.O.BOX 130 ~RLISLE, PA 17013 VS. , CARLISLE, PA DEFENDANT: NAME and ADDRESS Telephone: (717) 240-6564 17~~ f-R:I:_CI-IAI~D DERR/DEI~R,S HAULING ~57 E.NORTH ST. ~ , DocketNo: ~-0000232-00 P.O.BOX 130 / '~ / Date Filed:' 6/01/00 I Judgment: FOR PT.A TI~"~i FF ~-~ Judgment was entered for: (Name) ['-~ Judgment was entered against: (Name) in the amount of $ R'74 _44 on: ] 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 $ F"-] Levy is stayed for days or [] generally stayed. qlg'E .~ 'l;~l-qlT 1~'[, RTI't'R'a'RT1 I')R~'~/D~RR ~ g T-TATTT.TN'G (Date of Judgment) (Date & Time) Amount of Judgment $ 599.31 Judgment Costs $ 75.13 Interest on Judgment $ .0C Attorney Fees $ . Total $ 674.44 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Objection_to I~¥y has b~e~en__f!l_ed an~d_h~ear__in_g~wil_l_be__held:, Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE 7-24-00 ,.,~'~ · '~~C ~~./V~ %... Di,trict Justice My commission expir~rst Monday of January. 2006 SEAL AOPC 315-99 THE SENTINEL, Plaintiff RICHARD DERR, individually and d/b/a and/or Ua DERR'S HAULING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Steven J. Fishman, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Richard Derr, individually and d/b/a and/or tYa Derr's Hauling, has not appealed the verdict entered against him by District Justice Paula P. Correal on July 24, 2000. Respectfully submitted, Salzmann, DePaulis & Fishman, P.C. By: Steven J. Fishman, Esquire Counsel for Plaintiff Attorney ID #16269 Sworn to and subscribed to Before me this __ day of ,2002. Notary Public F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2583 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From RICHARD DERR, INDIVIDUALLY AND D/B/A AND OR T/A DERR'S HAULING, & MELWOOD LANE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, RICHARD DERR, INDIVIDUALLY AND D/B/A AND/OR T/A DERR'S HAULING, OF & MELWOOD LANE, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possessinn 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 attachmant 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. AmountDue $674.44 L.L. $.50 Interest FROM 7/24/00 TO 5/15/02 66% PLUS $.11 PER DIEM - $72.60 Atty's Comm % Due Prothy $1.00 Atly Paid $2.50 Other Costs Plaintiff Paid Date: MAY 28, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name STEVEN ,1. FISHMAN, ESQUIRE Address: SAZMAN, DEPAULIS & FISH1VIAN, P.C; 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 16269 R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi~ writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 1 ~: ~ § Advertising Law Library .50 Prothonotary 1.00 Mileage Misc. Surcharge 2C. 00 Levy 20.00 Post Pone Sale Garnishee Advance Costs: 150.00 Sheriff's Costs: ~ ~: ~ Refunded to Arty on6/20/02 Sworn and Subscribed to before me This So Ans~ers~;~ R. Thomas Kline, Sheriff .