HomeMy WebLinkAbout07-4332,.
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(Rule of Civil Procedure No. 236)
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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
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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
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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
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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
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~~ ~~
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
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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).
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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, `~
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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
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