Loading...
HomeMy WebLinkAbout03-2544COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMB'~RLAND 09-3-04 THOMAS A. PLACEY Address: 104 S. SPOHTING HILL RD. MECHANICSBURG, PA T.lep~o~e:(717) 761-8230 17050 TERRY L. KLINE 220 REESER ROAD CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT FKLINE, TERRY L 220 REESER ROAD CAMP HILL, PA 17011 VS. DEFENDANT/JUDGMENT C~)~ laTn~),~:~ O R E S S 3010 MORNINGSIDE DR CAMP HILL, PA 17011 Docket No.: CV- 0000575 - 02 Date Filed: 11/26/02 INC. ~ THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ['-~ Judgment was against: (Name) entered TNr~ _ in the amount of $ on: (Date of Judgment) ] Defendants are jointly and severally liable. ] Damages will be assessed on: [~] This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 3,339.60 Judgment Costs $ 88.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 3,428.10 $ 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. 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 PLEASi 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. I codify that this is a true a~L,~e~t'"~Epy of the record"t~the p~oceedings containing the judgment. L~-~--I" _(~')~"~ Date~"'"'- ~' '~V~ ~""'-J , District Justice My commission expires first Monday of J~nuary, 2004 . SEAL AOPC 315-03 CHERYL L. KLTNE~ 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 FACTS FROM TRIAL 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 costs] 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? 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. All parties urged the decision making be done even if jurisdictional limits would be stretched, but the individual ownership of the cards does not require this be done. DISCUSSION 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 mitigate any damage so that the least burden is placed on the Defendant. Plaintiffs have attempted to keep penalty charges from 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 party 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. -ludgment 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 Thom~}/A. ~acey D.]. 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. INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: TO THE PROTHONOTARY OF THE SAID COURT: ( ( ) Other File No. Amount Due Interest ) Confessed Judgment Atty's Comm Costs 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 as 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 ~'?~'~'~ ~,~/,~.~. c~/ County, for debt, interest and costs, upon the following described proper~ of the defendant(s) ......... PRAECIPE FOR ATTACHMENT EXECUTION Issue writ 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. ~_..~ . 9/1 Date ,-~/~(')/E~.~' Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-2543 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TERRY KLINE Plaintiff (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 IHTSDAAM7WH564312) PLUS ANY AND ALL BUSINESS EQUIPMENT CONTAINED THEREIN. (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 ganfishee(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 DueS3,428.10 Interest Atty's Corem % Arty Paid Plaintiff Paid $34.25 Date: May 30, 2003 (Seal) REQUESTiNG PARTY: Name Terry L. Kline, Esq. Address: 220 Reeser Road Camp Hill PA 17011 Attorney for: Telephone: 71%737-5936 Supreme Court ID No. Due Prothy $1.00 Other Costs CURTIS R. LONG By: ~ . Deputy VS. NO. In the Court of Common Pleas of Cumberland County, Pennsylvania To Prothonotary 19 Attorney for Plaintiff No. Term, 19 __ Filed PRAECIPE 19__ , Atty.