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HomeMy WebLinkAbout02-3623 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0:1.- 3t:.~~ ~o'l.l<=-reJL~ THE SENTINEL, Plaintiff MARK DAVIS, and JAN DAVIS and DAVIS GREENHOUSE, Defendants CIVIL ACTION - LAW ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the appearance of Melissa K, Dively, Esquire, of the law firm of Salzmann, DePaulis & Fishman, P,C" on behalf of Plaintiff and enter judgment against the Defendants, Mark Davis, Jan Davis, and Davis Greenhouse, for the amount of$5,947.58 in the above-captioned matter. Respectfully Submitted, Salzmann, DePaulis & Fishman, P.C, Date: -::r )2...L< Lo2 BY:~ Melissa K. Dive y, Esquire Counsel for Plaintiff Attorney ID#36780 455 Phoenix Drive, Suite A Chambersburg, P A 17201 (717) 263-2121 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 0;;1, - ..3(,~-3 Clu~l ~~ THE SENTINEL, Plaintiff MARK DAVIS and JAN DAVIS, and DAVIS GREENHOUSE, Defendants CIVIL ACTION ~ LAW AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN Melissa K, Dively, Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendants, Mark Davis, Jan Davis and Davis Greenhouse, has not appealed the verdict entered against them by District Justice Paula p, Correal on April 22, 2002, Respectfully submitted, Salzmann, DePaulis & Fishman, P,C. By: Melissa K. Dively, Esquire Counsel for Plaintiff . Attorney ID #36780 Sworn to and s~p~sPbed to Before me this~day of ~,2002, ~Jjw'Q k otary Publ Notarial Seal Laurie J. Porter, Notary Public Chambersburg Bora, Franklin County My Commission Expires Nov. 22, 2004 Member, Pennsylvama Assoclatlon of Notanes .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. DisL No 09-2-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE. PLAINTIFF: NAME-and ADDRESS fTHE SENTINEL I 457 EAST NORTH STREET CARLISLE, PA 17013 L -.J VS, OJ Name: Hon PAULA P. CORREAL Add"" 1 COURTHOUSE SQUARE CARLISLE, PA Teleph,", (717) 240-6564 17013-0000 DEFENDANT: NAME alld ADDRESS ~K & JAN DAVIS-DAVIS 103 HAMMOND RD SHIPPENSBURG, PA 17257 L Docket No.: CV-0000112-02 Date Filed: 3/15/02 GREENHOUSE I .J A~_ ~ THE SENTINEL 457 EAST NORTH STREET CARLISLE, PA 17013 TI1!S IS TO NOTIFY YOU THAT: Judgment: DEFAULT .TUDGMRNT pr~F [i] [i] Judgment was entered for: (Name) '1''R'R R'Rl\fITITl\1"'RT. Judgment was entered against: (Name) M~R~ & JAM nAVTR-nAVTR GRRF.NHOURR in the amount of $ <; q47 <;A on: (Date of Judgment) 4/22/02 D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 5,823.80 Judgment Costs $ 123.78 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,947.58 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D D Levy is stayed for days or D generally stayed. D Objection to levy has been filed and hearing will be held: 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/T SCRIPT FORM WITH YOUR NOTICE OF APPEAL. 4/22/02 Date , District Justice ing the judgment. 4/22/02 Date , District Justice My commission expires first Monday of January, Aope 315,99 2006 SEAL t ~~i f ~ ~ c., ~~~fr2 k ~ (") C) 0 C N -n < L.. " ~ en c 111 f"' . -/ -;- ~~: '-) \.0 ~C -'0 );:: C .'-' (:, Z Cl ):,-.:: :-0 t , C": :~ r- =2 t ,l "( 1 'I 263 0663 p.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION COUNTY. PENNSYLVAN The Sentinel, .. .. . Dockel No, C:2 - :..L~ C?,{ ,~L~ C,I J'laintirf(s) vs, .. Mark Davis and Jan Davis and Davis Greenhouse, . NOTICE OF FILING JUDGMENT .. .. Defendanl(~) ( X) Notice is hereby given ,hal a J. P. Transcript of Judqment inllie aboye-captioned matter has been entered against you in the amountof $5.947,58 on...}(.....1'(:2Cj . _ 2002 A copy of all documf!nts filed with Ihe Prothonotary in support of the within judgement is/are enclosed, , Dale:'" lJy ::19 t J ....y,";;1... rrolhonolary/Cler iYil Div. ~. 4~p- p ~~.J))~:fj_ If you have any questions regarding Ihis Notice, please contact the filing party: NAME: Melissa K, Dively, Esq. Salzmann, DePaulis & Fishman, ADDRESS: 4<;<; Phoenix Drive, Suite A Chambersburg, PA 17201 t-'.c. TELEPHONE NO,: (717) 263-2121 (This Notice is given in accordance wilh Pa. R.CP, 236.) THE SENTINEL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, C~ -J~ C~u~l~~ MARK DAVIS and JAN DAVIS, and DAVIS GREENHOUSE, Defendants CIVIL ACTION - LAW (PRAECIPE FOR WRIT OF EXECUTION) TO THE PROTHONOTARY: (I) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (2) Against Mark Davis, Jan Davis and Davis Greenhouse, Defendants: (3) And against N/A , Gamishee(s): (4) And index this writ (A) Against Mark Davis, Jan Davis and Davis Greenhouse, Defendants (B) Against_N/A (Garnishee(s) As a lis pendens against real property of the defendant(s) in the name of the gamishee(s) as follows (specifically describe property) Any and all personal property of the Defendants, Mark Davis, J an Davis and Davis Greenhouse, 103 Hammond Road, Shippensburg, Pennsylvania 17257, (5) Amount due Interest from 4/22/02 to 7/29/02 @ 6% ($,98) per diem thereafter $5,947,58 $ 97,02 Total $6,044,60 Plus All Costs in Offices Of Prothonotary & Sheriff (Prothonotary Costs - $34.25) Dated: ~-~, Melissa K. Dively, Esquir Attorney for Plaintiff NOTE Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 31 03(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 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 31 04(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 ofa garnishee is attached and indexing as a lis pendens is desired. See Rule 31 04( c). THE SENTINEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, MARK DAVIS and IAN DAVIS and DAVIS GREENHOUSE, Defendants 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 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,OO. 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) Fill out the claim form and demand a prompt hearing. (b) 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 A venue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 THE SENTINEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. MARK DAVIS and JAN DAVIS and DAVIS GREENHOUSE, Defendants CIVIL ACTION - LAW MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (I) $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 exemptions as may be provided by law TO THE SHERIFF: 1. The above-named defendant claims exemption of property from levy or attachment: (I) 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): [ ] 11. Paid in cash following the sale of the property levied upon; or [ ] 111. 1 claim the following exemption (specify property and basis of exemption): CLAIM FOR 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 hearing 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 true and correct. I understand that false statements herein are made subject to the penalties of I 8 Pa, C.S. 94904 relating to unsworn falsification to authorities, Date: Defendant: THIS CLAIM TO BE FILED WITH TIlE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. ~ + ~ r - L W ! ~~ fj '- ~ ~ ~ -t ~~ d & f~ Vu~__~ r. ..0 h ~ ~~) g I I (0:U ~ :: ~ r ~ ~ rw J o c, 0 S r,) ,,~ -rJ f~T~ ...~ rnr; :.it; ;-' ,,",) ~~-.~ - \,D ;;:: I, ~T' <-:".-, -;..;-, :',,) , ~C. ~.~::,; . _~ . r:- ~---~~d =~! (,) --.. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 02-3623 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s) From MARK DAVIS AND JAN DAVIS, AND DAVIS GREENHOUSE, 103 HAMMOND ROAD, SHIPPENSBURG, P A 17257 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANTS, MARK DAVIS, JAN DAVIS AND DAVIS GREENHOUSE, 103 HAMMOND ROAD, SHIPPENSBURG, PA 17257 . (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 gamishee(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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $5947.58 L. L. $,50 Interest FROM 4/22/02 TO 7/29/02 @ 6% ($.98) PER DIEM _ $97.02 Atty's Cornrn % Due Prothy $1.00 Atty Paid $36.75 Other Costs Plaintiff Paid Date: JULY 29, 2002 CURTIS R. LONG (Seal) P~ ~ B. 0/100.1 _[! (Y1~ Deputy REQUESTING PARTY: Name MELISSA K. DIVELY, ESQillRE Address: SALZMANN, DEPAULIS & FISHMAN, P.C. 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-249-7334 Supreme Court 1D No, 36780 5, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. ~ Sworn and Subscribed to before me ~ . ~ '" ~ @i)s f- day of - 2003 AD. ~Q. /hdfh 1lY,' prothonotary Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee 18.00 ~.79 .50 1. 00 10.35 Advance Costs: Sheriffs Costs: 150.00 91. 64 58.36 Refunded to Atty on 3/25/03 40.00 20.00 91. 64 So Answers; ~ ~ ~ .... t r.-~_'1~~,' R. Thomas Kline, Sheriff f f\ (\1 ~ I l n ~ By "--'\ (l' Ii ,: L ."-.. \ . ~<;) ~ 3 ;:: ~., (\ c -q .....,- .. DE lOr ;.H:; , j;nl ~ 1!': ,;,j -",..;j3) \,)0 ck.<.:Jo,J11 ~ /3 (,C/3Y .l CGA LAW FIRM Lawrence V. Young, Esquire #21009 135 North George Street York, PA 17401 717 -848-4900, ext. 11 0 717-843-9039 (fax) lyoung@cgalaw.com Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA THE SENTINEL, v. No. 2002-3623 MARKA. DAVIS and JANET G. DAVIS, Defendants PRAECIPE TO STRIKE TO THE PROTHONOTARY: Please strike the above-captioned judicial lien with prejudice pursuant to the attached certified Order Avoiding Judicial Lien entered by the Honorable Mary D. France, United States Bankruptcy Court for the Middle District of Pennsylvania on May 6,2005. Respectfully submitted, CGA LAW FIRM Date: ~lq(Om5' By: ~v Lawrence V. Young, Esq i (0014364111) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Mark A. Davis Janet G. Davis Debtors Case No, 1-03-bk-02787 Chapter 13 Mark A. Davis Janet G. Davis Movants Lien Avoidance v. The Sentinel Respondent ORDER AVOIDING JUDICIAL LIEN AND NOW, upon consideration of the Motion of Debtors to Avoid Judicial Lien, it is hereby ORDERED THAT Respondent's lien entered to Docket No. 2002-3623, in the Cumberland County Court of Common Pleas in the amount of $5,947.58 is declared void to the extent that it impairs the Debtors' exemptions. The Prothonotary is directed to enter a Certified copy of this Order noting that the lien is a Judicial Lien which impairs the Debtors' exemption in their residence and that it is to be stricken. BY THE COURT, ~JO!J~P- Oall p.' JUdge i,JI));1 Date: April 29, 2005 This electronic order is signed andfiled on the same date, t t'^- CEATIAED FROM TH~ RECORD lhis_ day Of./lJ~-:-~, 20 f!!J Clerk, U.S. Ean~:p.:---;(:';,' '-:o:.'tt_ lOO1422JO/l} Per I:) 'kJ.. ~i;: () ~ R F! ~(D J::- L~"> '. c:-'