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HomeMy WebLinkAbout07-4332,. ~- (Rule of Civil Procedure No. 236) ~ ~. CACV OF COLORADO, LLC IN THE COURT OF COMMON PLEAS c/o Robert M. Reibstein, Esquire :CUMBERLAND COUNTY, PENNA. 705 Montgomery Avenue Narberth, PA 19072 : NO. ~~- ~33a Civ~ ~ Terms ATTORNEY I.D. NO. 20456 VS. MICHAEL OYLER 113 North Baltimore Avenue Mt. Holly Springs, PA 17065 :CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against Defendant on oZ3 2007, in accordance with provision of Pa. R.C.P. 236. P OTHO~ If you have any questions concerning the above captioned case, please contact: ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 ,,~ 4 • 1 ~ ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 CACV OF COLORADO, LLC c/o Robert M. Reibstein, Esquire 705 Montgomery Avenue Narberth, PA 19072 VS. MICHAEL OYLER 113 North Baltimore Avenue Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ATTORNEY I.D. NO. 20456 CIVIL ACTION PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY Please kindly enter judgment upon the District Court 09-3-03 judgment in favor of Plaintiff and against the Defendant in the above captioned case in the amount of $7684.98 plus Court Costs. ~~~~~ ROBERT M. REIBSTEIN Attorney for Plaintiff r ~' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SIISAN S. DAY Address: 229 MILL ST, BOa 167 MT. HOLLY SPRINGS, PA Telephone: 1717 > 486-7672 17065 CACV OF COLORADO P.O. BOa 527 C/O ROBERT RSIBST NARBSRT, PA 19072 NOTICE OF JUp~.ME.IyT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCACV OF COLORADO, LLC ~ P.O. BOa 527 C/O ROBERT RSIBSTSIN SSQ ~NARBSRT, PA 19072 J VS. DEFENDANT: NAME and ADDRESS ~OYLER, MICHAEL ~ 113 N. BALTIMORE AV8 MT. HOLLY SPRINGS, PA 17065 L J Docket No.: CV-0000046-07 SSQ Date Filed: 2/01/07 THIS IS TO NOTIFY YOU THAT: Judgment: DSFAOLT JIIDGMSNT PLTF (Date of Judgment) 3/26/07 ® Judgment was entered for: (Name) ~~ OF COLORADO, LLC ® Judgment was entered against: (Name) OYLER, MICHAEL 7 684 9 in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 7, 558.48 Judgment Costs $ 126.50 $ Interest on Judgment Attorney Fees $ . 00 Total $ 7, 684.98 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 JUDGMENTlfRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE . 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -L(e-U / Date I certaify that this is a true . T~ 7 Date copy My commission expires first Monday of January, 20 Magisterial District Judge ngs containing the judgment. Magisterial District Judge SEAL AOPC 315-06 DAIS PRINTED: 6/28/07 9:03:00 AM CI~A~14iC:}l~il'dE~~Lii-1 Ui= FEf°.I~~'~L`j~Ni,4 uOUfdTY rJF: CUMBERLAND Magisterla~ District Number: 09-3-03 MDJtaame:Flon. SUSAN K. DAY 229 MILL STREET Addr_ss: P . O . BOX 16 7 MOUNT HOLLY SPRINGS, PA Telephone: ( 717} 486-7672 17065 AMOUNT DATE PAID FILING COSTS $ 117. 5O / / POSTAGE $ 9.00 / / SERVICE COSTS $ / / CONSTABLE ED. $ / / TOTAL $ 126.50 2/ 1 /07 ~ •• ~ ~ ~s~~~~. ~~~~~~ ~ PLAIrvTI~F~CV OF CO'~'~I~d~~i~SLLC as assignee~€ r Direct Merchants c/o Robert M. Reibstein Esquire 705 Montgornery Ave., ~'. O. Box 527 Narberth,l'A 19072 VS. DEFENDANT: NAA7E and ADDRESS I- MICHAEL OYLER ~ 113 N. Baltimore Avenue Mount Holly Springs, PA 17065 L- --~ Docket No.: CV-46-07 Date Filed: 2-1-07 ~ ~`~*~a, - Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 7558.48 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): On or about 5/2/00 Defendant requested and accepted a bank credit card from Direct Merchants, account #5458004510121980 with the terms of a Card Member Agreement. Thereafter, Defendant made various charges as evidenced on monthly statements whereby as of 4/30/04 there remained a principal balance due and owing Direct Merchants in the sum of $4192.76. On or about 5/18/04, for value received, Direct Merchants sold all of its right, title and interest in said credit card account to Plaintiff. As per the Card Member Agreement, Defendant is liable for continuing finance charges at the rate of $3.44 per day thereafter (29.99°o amiual percentage rate) in the sum of $3365.72 «-hereby as of 1/2/07 there remains a principal. balance due and owing Plaintiff in th.e sum of $7558.48. WhIEREFORE, Plaintiff demands judgment against the Defendan in the sum of $7558.48 plus interest from the date of the filing of this complaint and record costs. I, ROBERT M. REIBSTEIN, ESQUIRE verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. (Signature of#~iirftcr Authorized Agent) Plaintiffs Attorney: ROBERT M. REIBSTEIN, ESQUIRE Address: 705 Montgomery Avenue Telephone: (610) 664-1999 Narberth, PA 19072 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5} days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 ~ . i 4 ~~ ~~ ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 (610)664-1999 ATTORNEY LD. NO. 20456 CACV OF COLORADO, LLC IN THE COURT OF COMMON PLEAS c/o Robert M. Reibstein, Esquire :CUMBERLAND COUNTY, PENNA. 705 Montgomery Avenue Narberth, PA 19072 : NO. ATTORNEY LD. NO. 20456 VS. MICHAEL OYLER 113 North Baltimore Avenue Mt. Holly Springs, PA 17065 :CIVIL ACTION CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: This is to certify that the address of the Defendant is 113 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania 17065; and the Plaintiff s address is c/o Robert M. Reibstein, Esquire, 705 Montgomery Avenue, Narberth, Pennsylvania 19072. ROBERT M. REIBSTEIN Attorney for Plaintiff ~~ ~ C7 F ~ ~ Z R~ ~ ,~ ~ ~ y ~ ~, i-i-r :Y :~".~ r ~, f ;-, ~x rn; II~~ .Q ~ V' ~.A? 'c .' "~ W ~ ~ -' ~; -~ "~ { a> ~7 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. CACV OF COLORADO, LLC l IN THE COURT OF COMMON PLEAS OF -------~ ----------------------------------- I CUMBERLAND COUNTY, PENNSYLVANIA c/o Robert M. Reibstein, Esquire 705 Montgomery Avenue NarlS~ r'Ch ;--1'A---i~tT32------------------- vs. MICHAEL OYLER ------------------------------------------- 113 North Baltimore Avenue Mt. HOlly SPrings, PA 17065 Writ No.---------------------------- Term, 19------ 07-4332 Civil Term No. -------------------------------- Team, 19------ Amount due ------____-- ~ __7684.98--____-- Interest from ___ 723/07__________ Att'y's Com. ----------------------------------- Costs----------------~ ------------------------ To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, CUMBERLAND {1) Directed to the Sheriff of ________________________County, Penna.; (2) against _______ MICHAEL- OYLER- _- -_ Levy _on all personal ro ert belon 1n --- -----------P -- P---- y--------- g - g to Defendant at 113 N. Baltimore Ave., Mt. Holly_SPrings,__PADcfendant (s) ; -------------------------------- - - ------------- - - (3) and against --------------------------------------------------------- _ Garnishee {s) . (4) and index this writ (a) against -------------------------------- - -------------------------------------------------- -------------------------------••---------------------------------- Defendant(s) and (b) against -----------------.._------------- --------------------------- ----------------------- ------------------------------------------------------ Garnishee (s), ---------------- as alis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows : (•Specifically describe property) (5) Exemption has (not) been waived. Dated ------8 / 8 / ~ ~--------- _ _ Attorney for Plaintiff (s) ROBERT M. REIBSTEIN, ESQUIRE 420456 NOTE Under paragraph (i) when the wrLt is directed to the sheriff of another county as authorized by Rule 3103(bi, the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgement may be directed only to the sheriff of the county in whach 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 index ing of tie execution in the county of issuance, is desired as authorized by Rule 3104(a). W~hea the writ issues to another county indexing is required as of course in that Foun~ty by the prothonotary. See Rule 3104(~b), Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and index- ing as a lis pendens is desired. See Rule 3104(c). c~ b b fD 0 O. I , ~ ~-' 1~ I ~ t-•I H IZ v n I C7 Iw O X19 n `--I ~, ~; Z ~ i ~ CL i ~ z v~ a ~d ~ W ~ C] ~~ In O i C ~y , ~. 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' .., r,~ ; ' ~ g D µ _ . -- ~ .~j rr ~ ~ :~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4332 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC Plaintiff (s) From MICHAEL OYLER, 113 NORTH BALTIMORE AVENUE, MT. HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY BELONGING TO DEFTENDANT AT 113 NORTH BALTIMORE AVENUE, MT. HOLLY SPRINGS, PA . (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 $7684.98 Interest FROM 7/23/07 Atty's Comm Atty Paid $53.75 Plaintiff Paid Date: 8/10/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 5 's R. Long, Prothonota By: ~ Deputy REQUESTING PARTY: Name ROBERT M REIBSTEIN, ESQUIRE Address: 705 MONTGOMERY AVENUE NARBERTH, PA 19072 Attorney for: PLAINTIFF Telephone: 610-664-1999 Supreme Court ID No. 20456 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4332 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC Plaintiff (s) From MICHAEL OYLER, 113 NORTH BALTIMORE AVENUE, MT. HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY BELONGING TO DEFTENDANT AT 113 NORTH BALTIMORE AVENUE, MT. HOLLY SPRINGS, PA . (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 hirn/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $7684.98 L.L. $.50 Interest FROM 7/23/07 Atty's Comm % Due Prothy $2.00 Atty Paid $53.75 Other Costs Plaintiff Paid Date: 8/10/07 -~ ,l ~~~L1Ifs IC. ~r~a is R. Long, Prothonotary (Seal) By: ~ ~ . ~ , Deputy REQUESTING PARTY: Name ROBERT M REIBSTEIN, ESQUIRE Address: 705 MONTGOMERY AVENUE NARBERTH, PA 19072 Attorney for: PLAINTIFF Telephone: 610-664-1999 Supreme Court ID No. 20456 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriff's Costs 68.57 Docketing 18.00 81 •~3 Poundage 1.35 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 04/30J08 Mileage 6.72 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee ~ S~d~ ~D ~ ~ TOTAL 68.57 . So Answers, 'R. Thomas Kline, `~ /~~ ~. ~# ~,. -~=- u-~ ~T . ~ ~~ ~ ~ ~ ~~~a MORRIS & ADELMAN, P.C. BY: ROBERT M. MORRIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #67896 POB 30477 CACV of Colorado, LLC Philadelphia PA 19103-8477 215/568-5621 CACV of Colorado, LLC COURT OF COMMON PLEAS 1999 Broadway CUMBERLAND COUNTY Denver, CO 80202 CIVIL DIVISION vs. Michael D. Oyler . 113 N. Baltimore Avenue Mount Holly Springs, PA 17065 N0. 07-4332 CivilTEQN1 ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-entitled case satisfied upon payment of your costs only. MORE-~ADE~MAN, P . C . Y• ROBERT M OR ESQUIRE Attornev or Plaintiff So Ordered As Above: Prothonotary ~~~~~ ,_ t~ qtr L ~.~,~ ~w'.`~!.~~Y 2~a4 E~u'~ 30 ~h~ :~~ 2 ~ CU,d~: ~ . ~ _ s,,