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HomeMy WebLinkAbout02-4997~n ~(je ~ourt of ~ommon ~plea~ of aupOin t~ountp, ~enn~,tt~ania Village Consumer Discount Company P.O. Box 3546 1771 East Market Street York, PA 17402 VS. No. 1050-NT-2002- Craig S Henry Sr. 301 N. Progress Ave Apt # H-9 Harrisburg, PA 17109-6500 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, tree and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of PLAINTIFF: Village Consumer Discount Co. and against DEFENDANT: Craig S. Henry, Sr. on April 26, 2002 in said case in the amount of $1,020.83 ~ln ~e*tiraon~ t~tg~ereaf, I have hereunto set my hand and affixed the seal of the Court, on Thursday, October 17, 2002. JUDGMENT Interest from DJ Costs Attorney Due Plaintiff Paid Defendant Paid $ Prothy. Due $7.75 This record $15.75 $1,020.83 February 7, 2002 ~57.75 $3.00 $43.25 Dc~ut~ I ' Date: 10/17/2002 Time: 09:35 AM Page 1 of 2 Filed: Dauphin County Complete Case History 1050-NT-2002- Village Consumer Discount Company vs. Craig S Henry Sr 4/26/2002 User: NSTILO Comment: Physical File: Y Appealed: N Judge History Date Judge 4~26/2002 No Judge, Payments Manifold & Bankenstein Village Finance Company Plaintiff Name: Address: Phone: Employer: Party Type: Comment: Attorneys Bankenstein, Bruce C Defendant Name: Address: Phone: Employer: Party Type: Comment: Register of Actions 4/26/2002 6/20/2002 Receipt Date 14408 6~20/2002 10866 4/26/2002 Village Consumer Discount Company PO Box 3546 York PA 17402 Home: Work: (Primary attorney) Henry, Craig S Sr 301 N Progress Ave Apt H-9 Harrisburg PA Home: Work: 17109 New Civil Case Filed This Date. Filing: Judgment - DJ Paid by: Village Finance Company Receipt number: 0010866 Dated: 412612002 Amount: $19.50 (Check) Transcript of Judgment from the Docket of Harold D. Kessler, District Justice 2/7/02. Judgment for $1,020.83 Entered At 8:13 AM Stephen E. Farina, Prothonotary District Justice Costs $57.75 Filing: Writ of Execution Paid by: Manifold & Bankenstein Receipt number: 0014408 Dated: 6~20~2002 Amount: $23.75 (Check) Reason for Removal Current Type Civil Filing Civil Filing Total SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y No Judge, No Judge, No Judge, No Judge, Amount 23.75 19.50 43.25 Date: 10/17/2002 Time: 09:37-AM Page 2 of 2 Register of Actions 6/20/2002 Dauphin County Complete Case History 1050-NT-2002- Village Consumer Discount Company vs. Craig S Henry Sr Writ of Execution Garnishee - Sheriff- Dauphin County Amount Due $790.07 + costs. See Praecipe filed. 1 of 2 Disposition Order date In Favor Of Disposition 4/26/2002 Plaintiff Open Plaintiff: Village Consumer Discount Company Defendant: Henry, Craig S Sr No Judge, Disposition Date Judgment 4/26/2002 DJ Judgment Disposition 2 of 2 Disposition Order date In Favor Of Disposition Date 6/20/2002 Plaintiff Open 6/20/2002 P~aintiff: Village Consumer Discount Company Defendant: Henry, Craig SSr Judgment Writ of Execution I hereby certify that the foregoing is a tru~--~d .co~7~,~ct copy orf-t eh~riginaI fllecL... Prothonota~lClerk of Courts User: NSTILO Amount 1020.83 Amount 790.07 ' ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: YORK 19-2-01 HAROLD D. KESSLER 110 PLEASANT ACRES ROAD YORK, PA (717) 840-7233 17402 VILLAGE CONSDMER DISCOUNT CO P.O. BOX 3546 1771 EAST MARKET STREET YORK· PA 17402 THIS IS TO NOTIFY YOU THAT: Judgment: DEFA~,Lr~ [~ Judgment was entered for: (Name) [~ Judgment was entered against: (Name) R'l~v'gy. in the amount of $ I: 0?R _ ~;R 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: Date: --------'Ii p~c~- -:- Time: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~VILLAGE CONSUMER DISCOUNT CO P.O. BOX 3546 1771 EAST MARKET STREET ~ORK, PA 17402 VS. DEFENDANT: NAME and ADDRESS FHENRY, SR, CRAIG S 640 Cumberland Pointe C~cle LMechanicsbu~g, PA 17055 / _ooooo,,.o,.l Date Filed: 1/08/02 JUD ~1%",~IT PLT~ (Date of Judgment) (Date & Time) /n /n2 Amount of Judgment $_ 1,020.83 Judgment Costs $ 57.75 Interest on Judgment $ .00 Attorney Fees $_ .00 Total $ 1,078.58 Post Judgment Credits Post Judgment Costs Certified Judgment Total 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/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ~ ~..Diskict Justice j ~ uua,y ina[ mis ~s a true and correct copy of the record of the proceedings contai~ I(:~- ''] ' O~" Date !~..~ ~ ' , District Justic4~ My commission ex~ires first Monday of January, 2004 SEAL AOPC 315-99 OFFICE OF Stephen E. Farina Prothonotary PROTHONOTARY Front & Market Streets Harrtsburg, PA ]7101 (717) 255-2697 CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENi DAUPHIN COUNTY~ PENNSYLVANIA PLAINTIFF DISTRICT JUSTICE DOCKET NUMBER DEFENDANT As of the date certified below, the following action has been taken on the alcove- referenced appeal: There has been no appeal taken to the Court of Common Pleas The following party has taken an appeal to the Court of Common Pleas: 'SEP Date ?rot, h. - 75 Stephen E. Farina, Prothonotary ByDep~tt~ fi) ! ~ - IN THE COURT OF COMMON PLEAS Ol~ CtlV~ERLAND COUNTY. PENNSYLVANIA Village Cons~ner Dis~oum~ ccmpanyPl~ntifffs) VS Craig S. Henry, Sr. Defendant(s) FileNo. 0,2- ~/qq'r O_aj,~'t NOTICE OF FILING JUDGEMENT (~--) Notice if hereby given that a __ ,jud.qement in the above-captioned matter has been entered against you in the amount of $1020.83 on October t6 ,20 02 ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. By:. If you have any questions regarding this Notice, please contact the filing party. ADDRESS: TELEPHONE NO: Village Consumer Discount Co. I~.O. Box 3546 York, PA 17402 717-755-1004 (This Notice is given in accordance with Pa. R.C.P. 236.) Notice se,it to: NAME ADDRESS Craig S. Henry Sr. 640 Cumberland Pointe Circle Mechanicsbur~, PA 17055-5489 TN THE COURT OF VILLAGE CONSUMER vs. CRAIG S. HENRY, COITION PLEAS DISCOUNT CO. SR. OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-04997 : : Civil Action : : In Law To the Prothonotary: (1) (2) (3) PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER Directed to the Sheriff of Cumberland County, Pennsylvania; against Craig S. Henry, Sr., Defendant; and index this Writ against Craig S. Henry, Sr., Defendant, as a lis pendens against the property of the Defendant as follows: All household goods and furnishings, furniture, and all other personal property of Defendant, whether owned jointly or individually, located at the residence of Defendant, 640 Cumberland Pointe Circle, Mechanicsburg Pennsylvania, 17055. (4) Amount due: Interest from date of award @ annual rate of 6% District Justice costs and/or extra-County costs Attorney's commission 790.07 31.60 35.25 219.00 Total: $ 1,075.92 Plus continuing interest at the above stated rate, and costs of suit. The undersigned hereby certifies that the judgment herein 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 as amended; and for real property pursuant to Act 6 of 1974 as amended. Dated: December 10, 2002 Attorney for Plaintiff(s) Supreme Court I.D. No. 27025 Manifold & Bankenstein 42 North Duke Street York, PA 17401 (717) 843-0961 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4997 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VILLAGE CONSUMER DISCOUNT CO., Plaintiff (s) From CRAIG S. HENRY, SR., 640 CUMBERLAND POINTE CIRCLE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL HOUSEHOLD GOODS AND FURNISHINGS, FURNITURE, AND ALL OTHER PERSONAL PROPERTY OF DEFENDANT, WHETHER OWNED JOINTLY OR INDIVIDUALLY, LOCATED AT THE RESIDENCE OF DEFENDANT, 640 CUMBERLAND POINTE CIRCLE, MECHANICSBURG, PA 17055. (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 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 $790.07 L.L. $.50 Interest FROM DATE OF AWARD ~ ANNUAL RATE OF 6% - $31.60 Atty's Comm % $219.00 Due Prothy $1.00 Atty Paid $146.25 Other Costs DISTRICT JUSTICE COSTS AND/OR EXTRA-COUNTY COSTS - $35.25 Plaintiff Paid Date: DECEMBER 17, 2002 (Seal) REQUESTING PARTY: Name BRUCE C. BANKENSTEIN, ESQUIRE Address: MANIFOLD & BAKENSTEIN 42 NORTH DUKE STREET YORK, PA '17401 Attorney for: PLAINTIFF Telephone: 717-843-0961 Supreme Court ID No. 27025 CURTIS R. LONG Prothono~ Deputy TN THE COURT OF COati'ON PLEAS OF CUmBERLaND COUNTY, PENNSYLVANIA VILLAGE CC CRAIG S. ~ TO the Pr( Ente~ the propel Dated: Ja] NSUMER DISCOUNT COMPANY vs. iENRY, SR. : No. 2002-04997 : : civil Action : : In Law OBJECTION TO SHERIFF'S DETE].~INATION ~thonotary: 'objection to the Sheriff's determination of ownership of ~ty. luary 27, 2003 Respectfully submitted, MANIFOLD & BANKENSTEIN Bruce C. Bankenstein Attorney for Plaintiff Supreme Court I.D. No. 27025 42 North Duke Street York, PA 17401 (717) 843-0961 TN THE COURT OF COIOION PLF~S OF CUI~BERLB~D COUNTY~ PENNSYLVi%NI'A VILLAGE C6NSUMER DISCOUNT COMPANY CRAIG S. ENRY, SR. : No. 2002-04997 : : civil Action : In Law CERTIFICATION OF SERVICE ! I, t~e undersigned Attorney for the designated party above-captioned action, do hereby certify 'that on this day, and corre¢ matter wa upon the Craig S. Defendant 640 Cumbe~ Mechanics] Susan D. Dutler Property ~laimant 640 Cumberland Point Circle Mechanics~urg, Pennsylvania, Date: JanUary 27, 2003 in the 17055 ,/ Bruce C. Bankenstein Attorney for Plaintiff a true copy of the foregoing Objection in the above-captioned served by first class mail, postage prepaid thereon, ollowing persons at the following addresses: {enry, Sr. ~land Point Circle )urg, Pennsylvania, 17055 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy January 17, 2003 Village Consumer Discount, Co. Craig S. Henry, Sr. No. 2002-4997 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated January 09, 2003, entered by Susan D. Butler, pertaining to Writ of Execution No. 2002-4997 Civil Term, Village Consumer Discount, Co. -vs- Craig S. Henry, Sr. R. Thomas Kline, Sheriff, has determined that the claimant, Susan D. Butler, in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC; Bruce C. Bankenstein, Atty for Pltff Craig S. Henry, Sr., Deft. Susan D. Butler, Claimant So Answers: R. Thomas Kline, S~eriff PP~OPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania WritN0. ~00 O- q c~q? ~i~l 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 O.]Z PROPERTY VALUE ¢:5O - THE C.x~L. AIMANT OBTAIN_ED T_.LT..LE TO THE PROPERTY AS FOLLOWS. Date ~-q- O '~ ' State of Pennsylvania: County of Cumberland above list m'd~proper~. ~ Correct and tree. being duly sworn according to law, deposes and says that the ~lalmant VILLAGE CONSUMER DISCOUNT COMPANY, Plaimiff Vo CRAIG S. HENRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4997 CIVIL'TEt~vl ORDER OF COURT AND NOW, this 3rd day of February, 2003, upon consideration of Plaintiff's Objection to Sheriff's Determination, a hearing is scheduled for Friday, March 14, 2003, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Bruce C. Bankenstein, Esq. 42 North Duke Street York, PA 17401 Attorney for Plaintiff Craig S. Henry, Sr. 640 Cumberland Point Circle Mechanicsburg, PA 17055 J.?esley Oler,~!~, "L, j. Susan D. Butler 640 Cumberland Point Circle Mechanicsburg, PA 17055 VILLAGE CONSUMER DISCOUNT COMPANY, Plaintiff Vo CRAIG S. HENRY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - .L~W : NO. 02-4997 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of March, 2003, upon consideration of Plaintiff's Objection to Sheriff's Determination, and following a hearing at which Plaintiff appeared and was represented by counsel and presented evidence in support of its objection, and neither the Defendant nor the Third Party Claimant, Susan D. Butler, appeared to support the position that any of the property levied upon by the sheriff pursuant to a Writ of Execution in this case was owned by or subject to an interest of the Third Party Claimant, the Plaintiff's Objection to Sheriff's Determination is sustained, the determination by the sheriff that any of the property levied upon by the sheriff was owned by or subject to an interest of the Third Party Claimant, Susan D. Butler, is reversed, and all of the property levied upon by the sheriff shall be subject to a sheriff's sa2e pursuant to the Writ of Execution, in accordance with statute and rule of court, subject to any applicable exemptions. By the Court, · / /' /~ /" J.:?.Wesley O_l...e~, Jrt. LnJ. Bruce C. Bankenstein, Esquire~ ~ 42 North Duke Street York, PA 17401 For the Plaintiff ~ ~ ~-OI-03 pcb ~ VILLAGE CONSUMER DISCOUNT COMPANY, Plaintiff Vo CRAIG S. HENRY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : : : NO. 02-4997 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of March, 2003, upon consideration of the Motion To Withdraw As Counsel filed by Bruce C. Bankenstein, Esquire, and pursuant to an oral motion in court to withdraw the Motion To Withdraw As Counsel, the motion to withdraw the motion to withdraw is granted. By the Court, Bruce C Bankenstein, EsquireJ' J- ;' '~' - '\ --"" · · ,:esley O1~ j~. ,' ~?. 42 North Duke Street York, PA 17401 For the Plaintiff pcb R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Friday May 9, 2003, at which time the personal property of Craig S. Henry, Sr, was sold to Village Consumer Discount Company, by handing to registered agent Steven W. Haas, President, of 1771 East Market Street, York, Pennsylvania 17402, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Friday, May 9, 2003 at 11:00 A.M.E.D.S.T., at, 640 Cumberland Pointe Cimle, Mechanicsburg, Pennsylvania, 17055. This Writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 15.80 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 15.18 Cert. Mail Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $115.48 Pd by Defendant Sworn and Subscribed to before me This 2/,~x__ day of ~ 2003 A. '~ t~ "~k~..,, ~ So AllsWc:rrs; ~.~ R. Thomas Kline, S~hgdff~- By ~ SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2002-4997 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON FRIDAY THE 9m DAY OF MAY 2003 AT 11:00 A.M., THE PROPERTY OF CRAIG S. HENRY, SR,, AT, 640 CUMBERLAND POINTE CIRCLE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: SUZUKI GRAND VITARA REG. NO. PA HENRY 81 VIN. NO. 4S3TD62VOY4124224 SOFA TELEVISIONS (3) SEGA/GENESIS BOOK SHELVES (3) COMPUTER STANDS (2) FLOOR LAMP DINETTE TABLE W/4 CHAIRS UTENSILS POTS/PANS IRONING BOARD ELECTRIC STOVE DRYER BLENDER TOASTER BEDS (3) MISC. CHAIRS ALARM CLOCK VCR DRESSER W/ARMOIRE LAWN FURNITURE LAMPS ORECK STEAMER SMALL CABINET TABLE W/4 CHAIRS COMPUTERS (2) MICROWAVE TABLE W/2 STOOLS IRON REFRIGERATOR WASHER MIXER COFFEE POT TELEPHONES DRESSERS (5) TABLES (2) DVD PLAYER GAS GRILL AIR PUMP ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED 1N HIS OFFICE ON THE 14TM DAY OF MAY 2003 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF CRAIG S. HENRY, SR., AT, 640 CUMBERLAND POINTE CIRCLE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, being duly sworn according to law, states that due and legal notice having been given according to law, he sold the personal property of Craig S. Henry, Sr., to Village Consumer Discount Company, of, 1771 East Market Street, York, Pennsylvania 17402, by handing to registered agent Steven W. Haas, President, for the sum of $1.00, it being the highest bid and price quoted for the same. Date and Time of Sale: Friday May 9, 2003 at 11:00 A.M.E.D.S.T., at, 640 Cumberland Pointe Circle, Mechanicsburg, PA 17055. Sworn and Subscribed to before me this 2q4'-'tlay of ~ N OTARO~ILfl~d~JL SEAL [Carlis~['l~l~ Bo o, Cumberii~O~t~ounty ~v Cally,Comrnission Expirq~ ~,~0~5 2005 ~rs;..:, // Thomas Klinff, Sheriff