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Home My WebLink About02-3480MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff Vo RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. (~)~---. ,~V~ : : CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of Plaintiff and against Defendant Richard E. Bard t/d/b/a R.E. Bard Construction in the amount of $1,087.43 together with interest compounded monthly at the rate of 1.5%, from May 20, 2002, and legal fees of $279.00, plus costs to be determined. I hereby certify that the name and last known address of the proper person against whom judgment should be entered under Pa.R.C.P. 236 is: Richard E. Bard t/d/b/a R.E. Bard Construction 15 Irvin Drive Shippensburg, PA 17257 Dated: July I~, 2002 KUNDRAT & ASSOCIATES 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. . : ,, : .' CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Richard E. Bard tJd/b/a R.E. Bard Construction 15 Irvin Drive Shippensburg, PA 17257 You are hereby notified that on~,~~_zj~e following judgment has been entered against you in Cumberland Count~ for the above-captioned matter: Judgment in the amount of $1,087.43 together with interest compounded monthly at the rate of 1.5%, from May 20, 2002, and legal fees of $279.00, plus costs to be determined. Date:~ ~ , Protho~ry I hereby certify that the names and last known address of the proper person to receive this notice under Pa.R.Civ. P. 236 is: Richard E. Bard t/d/b/a R.E. Bard Construction 15 Irvin Drive Shippensburg, PA 17257 Dated: July[~, 2002 By: ( j,/. ~/' ~ John~. ~.,~'ndrat, Esquire Attorne~.,fD No. 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Plaintiff MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIB/A R.E. BARD CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. . .. : CIVIL ACTION. LAW CERTIFICATE OF RESIDENCE PA.R.C.P. 23 ; I, JOHN S. KUNDRAT, ESQUIRE, hereby certifies that the precise residence of Plaintiff is.' Moore's Lumber & Building Supplies, Inc. 1090 South Main Street Chambersburg, PA 1720,1 Dated: And certify that the last known address of the within Defendant is: Richard E. Bard t/d/b/a R.E. Bard Construction 15 Irvin Drive Shippensburg, PA 17257 Respectfully submitted, KUNDRAT & ASSOCIATES J~hn~. Kundrat, Esquire Attorney I.D. No: 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 July I ~, 2002 OFFICE OF THE PROTHONOTARY FRANKLIN COUNTY, PA AFFII)AVIT OF NO APPEAl, MOORE'S LU/'[BER & BUILDING SUPPLIES, P1Mntiff VS. RICHARD E. BARD D/B/A R.E. BARD CONSTRUCTION CV-0000153-02 District Justice Docket Number Defendant ANDNOW, JULy 9, 2002 , no District Justice Appeal has been filed in the Court of Common Pleas of Franklin County in~h~ ab. ove-capt~ned matter. Emda IS. Beard, Prothonotary -- 157 Lincoln WayEast Chambersburg, PA 17201 (717) 261-3858 Fax (717) 264-6772 COMMONWEALTH.OF PENNSYLVANIA COUNTY Ol~.. I~TN Mag. Dist. No.: 39-2-01 GARy L. CARTER '~: 218 N. ~2ND STREET CHAMBERSBURG, PA (717) 263-5808 17201 ATTORNEy FOR PLAINTIFF : JOHN S. KUNDI~AT, ESQ. 107 BOAS STI~EET HARRISBURG, PA 17102 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FMOORE' S LUMBER & BUILDING SOPpr.iBS-] 1090 S. MAIN STREET CHAMBEI~SBURG, PA 17201 _J VS. DEFENOANT: NAME and ADDRESS 15 IRVIN DI~IVE SHIPPENSBURG, PA 17257 TH $ IS TO NOTIFY YOU THAT: u,~gm,,n,. ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) in the amount of $ 1: fiR"/_ 43 on: (Date of Judgment) ~] Defendants are jointly and severally liable. ~'j 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. Date Filed: CV-0000153-02 I (Date & Time) Amount of Judgment $ I 036.93 Judgment Costs $ 50.50 Interest on Judgment $ 00 Attorney Fees $ .00 Total $ I 087.~ Post Judgment Credits $_ Post Judgment Costs $ Certified Judgment Total $ ~---] Objection to levy has been filed and hearing will be held: 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 NOTIC~,~I~I~RANSORiPT FORM WITH YOUR NOTICE OF APPEAL. 5-20-02 Date ~ , District Justice is a true and corre~ceedings containing the judgment. '] Date ~ _, District Justice_J My Commission expires first Monday of January, 2006 SEAL AOPC 315-99 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) Pa.R.C.P. 3101 TO 3149 MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. 02-3480 Civil Term 2002 VS. RICHARD E. BARD, T/D/B/A R. E. BARD CONSTRUCTION Defendant. Amount Due $1,087.43 Interest At rate of 1.5% per month from Ma__.~2002. Atty's Comm..To Be Determined and Costs $_4.75.25 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) (2) (3) (4) Directed to the Sheriff of Cumberland County, Pennsylvania; against Richard E. Bard t/d/b/a R.E. Bard Construction, Defendant(s); and against Garnishee(s); and index this writ (a) Richard E. Bard t/d/b/a R.E. Bard Construction Defendant(s); 15 Irvin Drive Shippensburg, PA 17257 (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 property and note any specific direction to Sheriff) Furnish 4 copies of real estate levy) Please levy upon the personal property located at: 15 Irvin Drive Shippensburg, PA 17257 (5) Exemption has (not) been waived. Dated: August ~gJ, 2002 ey for Plaintiff 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3480 Civil Term : : ., : 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 legal 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. A summary of some of the major exemptions follows: You may have other exemptions or rights. If you have an exemption, you should do the following promptly: (I) fill out the attached claim form and demand for a prompt hearing; and (2) deliver the form or mail it to the Sheriff's Office at the address noted. You should come to Court ready to explain your exemption. If you do not come to Court and prove your exemption, you may lose some of your property. 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 ASSOClATION Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3~66 MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3480 Civil Term : : : CIVIL ACTION - LAW CLAIM FOR EXEMPTION TO THE SHERIFF OF CUMBERLAND COUNTY: l, the above-name Defendant, claim exemption of property from levy or attachment: a. From my personal property in my possession which has been levied upon: i. I desire that my $300.00 statutory exemption be: set aside in kind (specify property to be set aside in) a) ii. paid in cash following the sale of property levied upon iii. I claim the following exemption (specify property and basis of exemption). From my property which is in the possession of a third party, I claim the following exemptions: My $300.00 statutory exemption: in cash in kind (specify property). ii. ~ocial Security benefits on deposit in the amount of $ ; iii. Other (specify amount and basis of exemption) I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone) I verify that the statements made in this Claim for Exemption are true and correct. understand that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Dated: MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW: 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. ADDITIONALLY, YOU HAVE THE RIGHT TO FILE A MOTION TO OPEN OR STRIKE THE JUDGMENT, AND TO DO SO YOU OR YOUR ATTORNEY MUST FILE A MOTION WITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. ADDITIONALLY, YOU HAVE THE RIGHT TO SET ASIDE THE SALE OF YOUR PROPERTY IF THE SALE PRICE IS GROSSLY INADEQUATE, AND TO DO SO YOU OR YOUR ATTORNEY MUST FILE A MOTION WITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3480 Civil Term CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, John S. Kundrat, Esquire, hereby certify that the precise residence of Plaintiff is: Moore's Lumber & Building Supplies, Inc. 1090 South Main Street Chambersburg, PA 17201 And certify that the last known address of the within Defendant is: Richard E. Bard t/d/b/a R.E. Bard Construction 15 Irvin Drive Shippensburg, PA 17257 Dated: Augustl~2002 Respectfully submitted, Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 TO THE SHERIFF OF CUMBERLAND COUNTY: There will be placed in your hands for services a Writ of Execution as follows: MOORE'S LUMBER & BUILDING SUPPLIES, INC. Plaintiff RICHARD E. BARD TIDIBIA R.E. BARD CONSTRUCTION Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3480 Civil Term .. . : CIVIL ACTION - LAW WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, with liability on the part of such deputy or the Sheriff to any plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. KUNDRAT & A./~CIATES Jo h~' S .~K~u r~at,~E sq u ire Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pa 17102 (717) 232-3755 Date: August ~ L~ 2002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3480 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff (s) From RICHARD E. BARD, T/D/B/A R.E. BARD CONSTRUCTION, 15 IRV1N DRIVE, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON PERSONAL PROPERTY LOCATED AT 15 IRVIN DRIVE, SHIPPENSBURG, PA 17257 .. (2) You are also directed t° attach the pr°perry °f the defendant(s) n°t levied up°n in the p°ssess~°n 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) n°t levied up°n an subject t° attachment is f°und in the p°ssessi°n 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 $1087.43 L.L. $.50 Interest AT RATE OF 1.5% PER MONTH FROM MAY 20, 2002 Atty's Corem % Due Prothy $1.00 Atty Paid $36.75 Other Costs Plaintiff Paid Date: AUGUST 26, 2002 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name JOHN S. KUNDRAT, ESQUIRE Address: 107 BOAS STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-232-3755 Supreme Court ID No. 24958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Moore's Lumber & Building Supplies, Inc. VS. Richard E. Bard TIDIBIA R.E. Bard Construction · Civil Division No. 02-3480 SUGGESTION OF BANKRUPTCY To: Prothonotary Please note upon the record that Richard E. Bard d/b/a R.E. Bard Construction the defendant in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on September 26, 2002, at 9:12 o'clock A.M., which petition was docketed to 1-02- 05270· PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S). CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s) in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spdng Run, Pennsylvania, addressed to the s or attorney's of record as follows: Moo~'~ ~l;l~;:'~g ' John S. Kundrat Esq. Supp!ies Inc. 107 Boas Street 1~0~1 ~t~ey / Harrisburg, PA 17102 ~e ~,~0~// Date: 10/3/02 P.~. Box 51 _. Spring Run, PA 17262-0051 [717] 349-7657 R. Thomas Kline, Sheriff, who being dUly swom according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY., NO ACTION IN SiX MONTHS. TAKEN Sheriff's Costs: Docketing $ 18.00 Poundage 2.24 Advertising ' 10.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee "114.34 Advance Costs: $ 150.00 ShefiWsCosts: 114.34 35.66' Refunded to Atty on 3/20/03 Sworn and Subscribed to before me this f~ day of ~ CLi Pro~h6notai-y ' So Answers; · Thomas Kline, Sheriff By ~/~Lt_~-f?"c~. ~t~z~&k/