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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