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Home My WebLink About02-4541REGENCY FINANCE CO., Plaintiff. VS. JAMES L. FYLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNt, PENNSYLVANIA PRAECIPE TO TRANSFER DISTRICT JUSTICE JUDGMENT TO THE PROTHONOTARY: Enter Judgment in favor of the Plaintiff and against the Defendant, JAMES L. FYLER, pursuant to the Judgment entered in the District Justice Court, Mag. District No. CV-0000649- 01, in the amount of $4,702.60, plus interest according to law and Court costs of record. A certified copy of the Notice of Judgment/Transcript attached hereto. Respectfully submitted, SHAPIRA, HUTZELMAN, BERLIN & MAY By: Stephen H. Hutzelman, Esquire 305 West Sixth Street Erie, PA 16507 PA ID #06541 (814) 452-6800 Dated: August 12, 2002 REGENCY FINANCE CO., Plaintiff, VS. JAMES L. FYLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASENO. oa- rw AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ERIE I, STEPHEN H. HUTZELMAN, being duly sworn according to law, depose and say as follows: 1. That I am the attorney for the Plaintiff in the above-captioned matter. 2. The Defendant(s) in the above entitled case is/are not engaged in the military se~ice of the United States of America. The last known address of the Defendant(s) is/are: Mr. James L. Fyler 182 Holiday Avenue Mechanicsburg, PA 17050 Sworn and subscribed before me this ~day of ~. ,2002. Notarial Seal :\nh E. Mehler, Notary Public City of Erie, Erie County ,' ~mmission Expires Dec. 31. 2005 Stephen H. Hutzelman, Esquire Attorney for Plaintiff COMMONWEALT~ OF PENNSYLVANIA gCOUNTY 0~:: C~R~. ~ oi~,.No: ', 4~.1.01 , Dd Name: .Hon pINE-W. PRESTIA, JR. Address: S* FRASER STREET P.O. BOX 238 STATE COLLEGE, PA TeleOho.e: (81~) 231-1~20 REGENCY FINANCE CO 125 E BRAVER AVE STATE COLLEGE, PA 16801 16804-0238 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS E-REGENCY FINANCE CO 125 E BEKVER AVE STATE COLLEGE, PA 16801 VS. DEFENDANT: NAME and ADDRESS F-FYLER, JAMES L 182 HOLIDAY AVENUE MECHANICSBURG, PA 17050 Docket No.: CV- 0000649 - 01 ~'..~,~. Date FHed: 12/07/01 J ~J Time: THIS IS TO NOTIFY YOU THAT: Judgment: r-~'l Judgment was entered for: ~-1 Judgment was entered against: (Name) I~I'T,RR, in the amount of $ 4:"Io~._F;O 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 $ [] Levy is stayed for days or [] generally stayed, [~ Objection to levy has been filed and hearing will be held: D~FATJLT dUm~M'P;~-~ PLTF (Name) (Date of Judgment) (Date & Time) Amount of Judgment $ 4,542.40 Judgment Costs $. 160.20 Interest on Judgment $. .00 Attorney Fees $ .00 Total $ 4,702.60 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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, CIV. IL DIVISION. YOU MUST INCLUDE A COPY OF THIS/I~ICE OF JUDGMENT~TRA~ WITH YOUR NOT~tCE OF APPEAL. 3-13-02 Date ~//-~-Z..-¢_.~-~ ,.~ '/~..~.~'~_~_d..~~ , District Justice I certify that this is a true and c~f)C~opy/pf the r.,,~9~ of the _proceedings containing th~ judgment, 5-9-02 DateL.-/c-'" v C.--''''~/f//'''~,,,,,'''/ , District Justice My commission expires first Monday of January, / SEAL AOPC 315-99 DEBRA C. IMMEL PROTHONOTARY CENTRE COUNTY COURTHOUSE BELLEFONTE, PA 16823 (814) 355-6796 TDD# (814) 355-9768 AFFIDAVIT OF NO APPEAL I, Debra C. Immel, Centre County Prothonotary and Clerk of Court, hereby certify that I have examined the Indices in the said Court and find that there is no Appeal filed from the decision of District Justice~ Carmine Prestia, Jr. in the case of Regency Finance Co. vs. James L. Fyler, Date of Judgment March 13, 2002, docket #CV-0000649-01 in the Court of Common Pleas of Centre County, Pennsylvania. Sworn to and subscribed this lI PROTHONOTARY MY COMMISSION EXPIRES FIRST MONDAY IN 2004 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Regency Finance Company, PlainTiff 125 East Beaver Avenue State College PA 16801 VS. Ja~e~ L Fyler, Defendant 182 Holida2 Avenue ~achanicsburg PA 17050 TO T~'E p~OTHjNo~-R~/OF THE SAID couRT: ( ) Confessed Judgment ( X ) Other - z/Cz// File No. ~ Amount Due $4702.60 Interest Atty's Corem Costs .... $179.25 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but If it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 aa amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumbe=lan8 for debt, interest and costs, upon the following described property of the defendant(s) personal property of the defendant where ever it may Be found,, County, PRAECIPE FOR ATTACHMENT EXECUTION Issue wdt of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above.named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [~ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: REGENCY FINANCE COMPANY, Plaintiff, VS. JAMES L. FYLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. CV-0000649-01 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ERIE I, STEPHEN H. HUTZELMAN, being duly sworn according to law, depose and say as follows: 1. That I am the attorney for the Plaintiff in the above-captioned matter. 2. The Defendant(s) in the abbve entitled case is/are not engaged in the military service of the United States of America. 3. The last known address of the Defendant(s) is/are: Mr. James L. Fyler 182 Holiday Avenue Mechanicsburg, PA 17050 I have praeciped for a Writ of Execution in the above-captioned proceeding and do verify and affirm that a lev:y, execution, or garnishment is not being made on any judgment by confession entered pursuant to a transaction governed by the Goods and Services Installment Sales Act, 69 P.S. 1101 et seq.; nor the Loan Interest and Protection Law of 1974, 41 P.S. 101 et seq; nor any confessed judgment governed by Pennsylvania Rules of Civil Procedure 2981-2986. Stephen H. Hutzelman, Esquire Attorney for Plaintiff Sworn and subscribed before me this $/~'r'_ .. ,'- aay or ~ ,2002. Notarial Seal Ann E. Mehler, Notary Public City of Erie, Erie County My Commissiov Expires Dec. 31, 2005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4541 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REGENCY FINANCE COMPANY, Plaintiff (s) From JAMES L. FYLER, 182 HOLIDAY AVENUE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF THE DEFENDANT WHERE EVER IT MAY BE FOUND. (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 garnishee(s) that: (a) an attachmem 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 garmshee and is enjoined as above stated. Amount Due $4,702.60 Interest Atty's Corem % Arty Paid $36.75 Plaintiff Paid Date: SEPTEMBER 20, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono.~ Deputy REQUESTING PARTY: Name STEPHEN H. HUTZELMAN, ESQUIRE Address: 305 W 6TM ST ERIE, PA 16507 Attorney for: PLAINTIFF Telephone: 814-452-6800 Supreme Court ID No. 06541 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Carlisle, Pennsylvania 17013 Regency Finance Company vs James L. Fyler No. 2002-4541 Civil Term Property Claim Determination RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Dear Sir, Reference is made to Property Claim dated November 26, 2002 entered by Kristen Roth, pertaining to Writ of Execution No. 2002-4541 Civil Term, Regency Finance Company -vs- James L. Fyler. R. Thomas Kline, Sheriff, has determined that the claimant, Kristen Roth, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: R. Thomas Kline, Sheriff CC: Stephen Hutzelman, Atty for Pltff James L. Fyler, Defendant Kristen Roth, Claimant PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. OO" ~/,~'-d_~/' ~./~,/~ VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY yALUE THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date i [' ~0'0'~.' State of Pennsylvania: Cou, ntv of Cumberland above list ~ the properly clai~ are co.ecl and ~e. Sw~and su sc~ o. ~e me ~ being duly sworn according to law, deposes and says that the R. Thomas Kline, Sheriff, who being duly swom according to law, states this vrrit is returned STAYED, per Pennsylvania Rules of Court 3206 (C). Sheriff's Costs: Dbcketing 18.00 Poundage 2.02 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee 103.08 Advance Costs: 150.00 Sheriff's Costs: 103.08 46.92 Refunded to Atty on 12 / 20 / 02 Sworn and Subscribed to before me This .2q~dayof /xfla~ ~ 2002 A.D. q--.-~L~._~ ~ ~a.,J~x~/~fl~ tbr6thonotary So Ansxver~i,~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4541 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REGENCY FINANCE COMPANY, Plaintiff (s) From JAMES L. FYLER, 182 HOLIDAY AVENUE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF THE DEFENDANT WHERE EVER IT MAY BE FOUND. (2) You are also directed to attach the property of the defendant(s) not levied upun in the possession 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 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 $4,702.60 Interest Atty's Comm % Arty Paid $36.75 Plaintiff Paid Date: SEPTEMBER 20, 2002 (Seal) REQUESTING PARTY: Name STEPHEN H. HUTZELMAN, ESQUIRE Address: 305 W 6TM ST ERIE, PA 16507 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG ProthonoJ~l~ ~ Deputy Attorney for: PLAINTIFF Telephone: 814-452-6800 Supreme Court ID No. 06541