HomeMy WebLinkAbout02-3624THE SENTINEL,
Plaintiff
BLOSER'S STOVE SHOP,
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 ofMelissa K. Dively, Esquire, of the law firm of Salzmarm,
DePaulis & Fishman, P.C., on behalfofPlaintiffand enter judgment against the Defendant, Bloser's
Stove Shop, for the amount of $722.59 in the above-captioned matter.
Respectfully Submitted,
Salzmann, DePaulis & Fishman, P.C.
Date:~- ]c:~L~ IC)~.
BY:M~
Counsel for Plaintiff
Attorney ID#36780
455 Phoenix Drive, Suite A
Chambersburg, PA 17201
(717) 263-2121
THE SENTINEL,
Plaintiff
BLOSER'S STOVE SHOP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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 Defendant, Bloser's Stove Shop, has not appealed the verdict entered against it by
District Justice Paula P. Correal on April 22, 2002.
Respectfully submitted,
Salzmann, DePaulis & Fishman, P.C.
B y~x k~
MelissaK. Dively, Esquire (xx
Counsel for Plaintiff
Attomey ID #36780
Sworn to and su~s£d~bed to
B~fo~re me this~day of
,~_/LU~ ,2002.
I Notarial Seal
I Laurie j. Porter, Notary Public
J Chambersburg Bore, Franklin Coun
~My Commission Expires Nov. 22,
Member, Pennsyivanla Association of Notafie~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-2-01
· AULA P. CORREAL
~1 COURTHOUSE SQUARE
CARLISLE, PA
717 240-6564
17013-0000
THE SENTINEL
457 EAST NORTH STREET
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
rTHE SENTINEL ~
457 EAST NORTH STREET
CARLISLE, PA 17013
DEFENDANT NAME and ADDRESS
150 BARNSTABLE RD
CARLISLE, PA 17013
Docket No.: CV- 0000113- 02
Date Filed: 3/15/02
TI.~S IS TO NOTIFY YOU THAT:
~ Judgment: DEFAULT ~J[TDO. MI~UT PLTF
~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name) ~f,~.~R,
in the amount of $ '72.2 _ ~9 on: (Date of Judgment)
~'~ Defendants are jointly and severally liable. (Date & Time)
] Damages will be assessed on:
E~ 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:
Amount of Judgment $ 649.1~
Judgment Costs $ 73.48
Interest on Judgment $ .00
Attorney Fees $ o 00
Total $ 722.59
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
Date:
Time:
Place:
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 ,.CL.DE A COPY OF OF JUDG ME. ,SC.,PT FO.M W,T. YOU..OT,CE OF APPEAL.
4/22/02 Date ~.~¢¢~ ...~~¢vt.~, .~ . , District Justice
I certify that this is a ~~ cop/p~f th'~he~j/~ceedingfco~ining the judgment
4/22/02 D a t ~,~.~/)., .,~_~...~__~/{ ~_~/~ , District Justice
My commission expires first Monday of January,
AOPC 315-99
2006 SEAL
717 263 0663
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
CIVIL DIVISION
COUNTY, PENNSYLVANI
The Sentinel.
Bl~ser's St.c~e Shop
Defendanlfs)
Docket No. ~.p.
NOTICE OF FILING JUDQMENT
( >( ) Notice is hereby given that a _J. ~'.
in tl{e abo~aptioned matter has ~en en/er~ against you in lhe
amount of. :$722..59 One, ~002
A copy of all d~uments flied wi~h thc Prothonolary in supporl of t~ within judgement
is/a~ enclosed.
you have any questions regarding lhis Notice, please contact Ihe filing party:
NAMe: Melissa K. DirelY,Esq.
ADDRESS: Salzmann, DePaulis & Fishman, P.C.
Chambersburg, PA 17201
TELEPHONE NO.: (717) 263-2121
(This Notice is given in accordance with Pa. R.C.P. 236.)
THE SENTINEL,
Plaintiff
BLOSER'S STOVE SHOP,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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 Bloser's Stove Shop, Defendant:
(3) And against N/A _, Garnishee(s):
(4) And index this writ
(A) Against Bloser's Stove Shop, 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, Bloser's Stove Shop, 150 Bamstable Road,
Carlisle, Peimsylvania 17013.
(5) Amount due $ 722.59
Interest from 4/22/02 to 7/29/02 $ 11.88
~ 6% ($.12) per diem
thereafter
Total
Dated:
$ 734.47 Plus All Costs in Offices
Of Prothonotary & Sheriff
(Prothonotary Costs - $34.25)
Melissa K. Dively, Esqui~e~.'~
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 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).
THE SENTiNEL,
Plaintiff
BLOSER'S STOVE SHOP,
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 tights. 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 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
BLOSER'S STOVE SHOP
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:
1. 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 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 hearing 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 tree 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)
cOUNTY OF CUMBERLAND)
NO 02-3624 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SENTINEL, Plaintiff (s)
From BLOSER'S STOVE SHOP, 150 BARNSTABLE ROAD, CARLISLE, PA 17013
( 1 ) You are directed to levy upon the property of the defendant (s)and to sell ANY AND PERSONAL
PROPERTY OF THE DEFENDANT, BLOSER'S STOVE SHOP, 150 BARNSTABLE ROAD,
CARLISLE, PA 17013.
(2) You are also directed to attach the pr°perty °f the defendant(s) n°t levied up°n in the p°ssessiun
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 p°ssessa°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 $722.59 L.L. $.50
Interest FROM 4/22/02 TO 7/29/02 ~ 6% ($.12) PER DIEM - $11.88
At~y's Comm % Due Prothy $1.00
Atty Paid $36.75 Other Costs
Plaintiff Paid
Date: JULY 29, 2002
(Seal)
CURTIS R. LONG
ProthonoJ~r~
Deputy
REQUESTING PARTY:
Name MELISSA K. DIVELY, ESQUIRE
Address: SALZMANN, DEPAULIS & FISHMAN, P.C.
455 PHOENIX DRIVE, SUITE A
CHAMBERSBURG, PA 17201
Attorney for: PLAINTIFF
Telephone: 717-263-2121
Supreme Court ID No. 36780
THE SENTINEL,
Plaintiff
Vo
BLOSER'S STOVE SHOP,
Defendant
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3624 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, Bloser's Stove Shop, which was filed on July 29, 2002.
Respectfully submitted,
Salzmann, DePaulis & Fishman, P.C.
Melissa K. Dively, Esq~
Attomey ID No. 36780
Counsel for Plaintiff, Agway, Inc.
455 Phoenix Drive, Suite A
Chambersburg, PA 17201
(717) 263-2121
CERTIFICATE OF SERVICE
I hereby certify that on the .~ 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:
Bloser's Stove Shop
150 Bamstable Road
Carlisle, PA 17013
Respectfully submitted,
Salzmann, DePaulis & Fishman, P.C.
Melissa K. Dively, EsquireX,x
Counsel for Plaintiff, Agwa_y¢ Inc.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff's Costs:
Docketing 18.00
Poundage 1/4.80
Advertising
Law Library .50
Prothonotary 1.00
Mileage 3.10
Misc.
Surcharge 20.00
Levy
Post Pone Sale
Garnishee
57.40
Pd by Defendant
Sworn and Subscribed to before me
this ~o r-day of
2002 A.D. ,(~_J,,-~-t'~. ~t,~'~o ~
protthonotary
So Answ~
R. Thor~r 7.ine, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-3624 Civil
COUNTY OF CLrMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY: Plaintiff (s)
To satisfy the debt, interest and costs due THE SENTINEL,
From BLOSERtS STOVE SHOP~ 150 BARNSTABLE ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND PERSONAL
PROPERTY OF THE DEFENDANT, BLOSER~S STOVE SHOP, 150 BARNSTABLE ROAD,
CARLISLE, PA 17013.
(2) You are alsodirected t° attach the pr°perry °f the defendant(s) n°t levied up°n in the p°ssessi°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 fi:om
paying any debt to or for the account of the defendant (s) and fi:om delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If propertyof 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 ha/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $722.59 L.L. $.50
Interest FROM 4/22/02 TO 7/29/02 ~ 6% ($.12) PER DIEM - $11.88
Atty's Corem % Due Prothy $1.00
Other Costs
Atty Paid $36.75
Plaintiff Paid
Date: JULY 29, 2002
(Seal)
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name MELISSA K. DIVELY, ESQUIRE
Address: SALZMANN, DEPAULIS & FISItMAN, P.C.
455 PHOENIX DRIVE, SUITE A
CHAMBERSBURG, PA 17201
Attorney for: PLAINTIFF
Telephone: 717-263-2121
Supreme Court ID No. 36780