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Home My WebLink About03-2543.COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ERLAND 09-3-04 DJ Name: Hon. THOMAS A. PLACEY A0dmss: 104 S. SPORTING HILL RD. MECHANIcsBuRG, PA Te~epho.e:(717) 761-8230 17050 CHERYL E-LINE 220 REESER ROAD CAMp HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: NOTICE OF JUDG A%I T/TRANSCRiP ~KLINE, CHERYL NAME&nOADDRESS 220 REESER ROAD CAMp HILL, PA 17011 VS. DEFENDANT/JODGMENIC~iTO~ ~'~ auto CUSTOHIZING, INC. 3010 HORNINGSIDE DR ~P HILL, PA ~7011 DOC~o.: 11126102 IDateFiled: CV-0000574-02 (Name) 120.0 $ -________= 0 __._. 0 ~-j Judgment was entered against: (Name) c~-_._ in the amount of $_ _ ~_ 3a~4.~'7 on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time). Damages will be assessed on; Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total ~This case dismissed without prejudice. Amount of Judgment Subject to [~ AttachmenVAct 5 of 1996 $~ Post Judgment Credits Post Judgment Costs Certified Judgment Total $~ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS · -- OF APPEAL WITH THE PROTHONOTARY/CLE OF TN~ ,"-"A-F-TER THE ENTRy OF JUDGMENT BY FILING A OTJCF RK ~UUHT~- N .-- ..... uP COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES; IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRy OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. --~'-] 'J~ Date ~;~2~~.~ AOPC 315-03 SEAL CHERYL L. KLINE, Plaintiff KMS AUTO CUSTOMIZING, Defendant TERRY L KLINE, Plaintiff KMS AUTO CUSTOMIZING, Defendant District Court 09-3-04 CV-0574-02 District Court 09-3-04 CV-0575-02 Plaintiffs are husband and wife who allocated a short-term loan to Defendant partially through the use of their individual credit cards to be used for business start up c°sts. Z Defendant acknowledged this start up loan by signing a promissory note to Plaintiffs' son in the amount of $34,388.63 on 19 July 2002 and further acknowledge that Plaintiffs are owed the amounts Defendant charged on the individual credit cards. Wife's card has a current balance of $4,464.57 and husband's card has a current balance of $3,339.70. Wife has made payments on these cards in the amount of $760.00 out of a joint checking account. Plaintiffs have filed this claim simply to have a judgment rendered on the amount OWed.2 Defendant does not dispute that monies are OWed but disagrees with being charged for the accounting and banking charges incurred on the cards due to the actions of outside suppliers and banks. Specifically, Defendant points out several overcharges made by suppliers to these cards even though the suppliers were advised to charge other accounts. The suppliers did not and a domino effect occurred causing Defendant and these cards bank charges. Defendant has gotten the banking charges removed from its account. These charges have not been removed from Plaintiffs account. Defendant requests that these outside charges be removed from the debt they owe Plaintiffs. ~ District Court jurisdiction rules limit a civil suit to $8,000.00 for any plaintiff on claims arising out of cause of action. Plaintiffs as a single husband and Wife entity would by rule be limited to this amount; hOWever, the claims were filed separately based on use of individually owned credit cards. 2 Every case filed has its own personality. These two claims were filed not out of animosity but rather to take out the complex interpersonal relationships and place the fact-finding and decision making on the Court. Al/parties urged the decision making De done even if jurisdictional limits would be stretched, but the individual ownership of the cards does not require this be done. The burden in every civil case is on Plaintiff to show that an owed duty has been breached by Defendant, which has resulted in measurable damages. The duty in this case was to repay the loan within six months as required by the note. ApProximately $25,000.00 has been taken care of through other means leaving the individual credit cards to be resolved. Plaintiffs have an obligation to placed on the Defendant. Plaintiffs have attempted to keep penalty charges from mitigate any damage so that the least burden is accruing by making timely payments of $760.00. Defendant seeks to impose responsibility on Plaintiffs for removing items of damage charged to the card by the actions of others, While these were not intentional deceitful acts by any patty to this case they have an impact on the amount Owed. Plaintiffs have an obligation to attempt to resolve these potentially voidable charges with the credit cards; however, unless removed they are the responsibility of Defendant? Plaintiffs did not incur these charges by any act of neglect on their part. Thus, they cannot be said to have failed their obligation to mitigate the damages. 3udgment is in favor of Plaintiffs in the separate claim amounts of $4,464.57 at 0574-02 and $3,339.60 at 0575~02. The payments of $760.00 are to be added to 0574-02. Costs in each case are placed on Defendant. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. ~17 APR 03 Date 3 It is recognized that a third party, not Involved with this claim, is alleged to be the cause of these additional charges. This Court has no authority in this action to render judgment against it for damages caused to Plaintiffs or Defendant. It may be difficult to do but these Parties must work together to recoup these damages and if either party does not put forth a good faith effort they could be held liable for the damages. Any costs to recoup these damages would be on Defendant. This will require Defendant to determine if these damages amounts are worth the time, energy it will cost to have them voided. In the interim time any interest charges that accumulate would be the responsibility of Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION COUNTY, PENNSYLVANIA PRAECIPE FOR WRIT OF EXECUTION Caption: , ,, .0 o ,'qe e e,- ol Confessed Judgment Other File No. ~ Amount Due ~ Interest Atty's Corem ~ Costs ~ TO THE PROTHONOTARY OF THE SAID COURT: 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 flied pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amend ISsUe writ of execution in th for debt, interest and costs, ucc ema~b,°-v,,e re. alter to the Sheriff of ~- - , , ed. 7 descr'bed propert County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to th . costs, as above, direc*~ ..... e Sheriff of ('lr, ~., ].., _ / ! · ."' '~ e~r[a c" me n! a~ains, ~rCt~eUr~toYl;of~vrindgebp~oi~et; rest and estate, supply s~x copces of the descnpt¢on, SUpply four cop~es of lengthy personalty list) p ty 0f real 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.: (over) Notes: I~ rea~ property, supply six copies o~ description including improvements and an original and copy affidavit o~ ownership (.PaR.C.P- No. 3129). t~ ~engthy personalty tist, supPlY ~our copies o~ list. To index writ, fi~e separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO03-2543 Civil TO THE CIVIL ACTION - LAW SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHERYL KLINE Plaint/ff (s) From KMS AUTO CUSTOMIZING, INc. 3010 Morningside Drive, Camp Hill PA 17011 (1) You are directed to levy upon the property of the defendant (S)and to sell 1998 international 4900 truck (VIN 1HTSDAAMTWH564312) CONTAINED THEREIN. PLUS ANY AND ALL BUSINESS EQUIPMENT (2) You are als~ directed to attach the property of the defendant(s) not ~evied 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 (s) or Otherwise disposing thereot~ of the defendant (3) ~f pr~perty ~f the defendant(s) n~t ~evied 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 he/she has been added as a garnishee and is enjoined as above stated. Amount DueS5,344.57 Interest Atty's Corem % Arty Paid Plaintiff Paid $34.25 Date: May 30, 2003 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTy: Name Cheryl L. Kline, Esq. Address: 220 Reeser Road Camp Hill PA 17011 Attorney for: Telephone: 71%737-5936 Supreme Court ID No. CURTIS R. LONG Prothonot/a.~ B ~ y: ~ ~'~ R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Salicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 July 25, 2003 Cheryl and Terry Kline vs KMS Auto Customizing, Inc. No. 2003-2543 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 July 15, 2003, entered by Matthew Dobbie, pertaining to Writ of Execution No. 2003-2543 Civil Term, Cheryl and Terry Kline vs KMS Auto Customizing, Inc. R. Thomas Kline, Sheriff, has determined that the claimant, Matthew Dobbie, in the above mentioned property claim, is not prima facie the owner of the property set forth therein. So Answe~: R. Thomas Kline, Sheriff CC: Cheryl Kline, Pltff Terry Kline, Pltff KMS Auto Customizing, Inc, Defendant Matthew Dobbie, Claimant NOTICE OF PROPERTY CLAIM .......... EMS...A~tn._.Cus tomLzin~y,..-.Iac~. ......... 3010 MOrningside Drive .......... ..e..a.m..?.....s..~ ]:!.:._...r..~...!.7..o...1...1 ............................... In The Court of Common Pleaz of Cumberland County, Pennsylvania No ....... ~P.q~r. gS~.3.¢~ ......... ~rm Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by .......... M. .a.t.t. h. .e.w. . .D. Qbb. i e ............ claiming property listed therein. Unless an appraisal of the prop- erty is requested within (10) days from the date of this notice, the sheriff without making an appraisal will accept the value of the property set forth in the claim. Dote:... Jl].l y..1. 5 ,.. 2 OR 3 .- ....... cc: Cheryl Kline Terry Kline Matthew Dobbie KMS Auto Customizing Inc. Sheriff of Cumberland County Deputy $UL. i1.2~3 4:0~'PM C¢~IPI~LL ~T BE¢ITTY N0.684 P.4/~ Pr:om: 07/H/20~ Cumbcrbnd ~ount~, PmusTJuni~ TO TH~ ~ O]~ CUMBIgiLAND COTJNTY, ~F~NSYLVANIA Thc p:,opert,/ht~d b4~ow and bvicd upon in dtb ,,u~ ts :hoe d~ pt'opal/~ de~,-~% bu~ ~s ~ pmpm%~, of the LIST OF PROPERTY VALUE (~ount~ of ~6mb~ltud l-/~'f,%~;, ' NotC~O',~?~r~ .... bot~ c~ty s~ ~ccan~ to Jew, d~a~-~ m4 uyt ~t d~ In the Court of Common Pleas of Cumberland County, Pennsylvania Civil.-1'9 To / ~ IXct It'7 Prothonotary v ~(tt~rney for Plaintiff No. Term, 19 __ Filed PRAECIPE 19__ , Atty. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 36.00 Poundage 202.15 Advertising 30.00 Law Library Prothonotary 2.00 Mileage 57.96 Surcharge 40.00 Levy 80.00 Post Pone Sale 30.00 Garnishee TOTAL $ 478.11 Advance Costs: 478.11 Sheriff's Costs: 478.11 $ 000.00 Refunded to Atty on 01/06/04 Sworn and Subscribed to before me This k~ ~ day oK./., ~ ~ Plothonotary So An~swer3; R. Thomas Kline, Sheriff audia A. Brewbaker I. °~ (314t ,t 3