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HomeMy WebLinkAbout08-7345IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /IMMPC COMPANY, Assignee from OUSEHOLD AUTO FINANCE, CIVIL ACTION-LAW Plaintiff, 0,1vit vs. No. D$ - f7aq 5 Term CHAEL D. ALLEN, Defendant. DJ JUDGMENT Filed on Behalf of: Plaintiff Counsel of Record For This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. I. D. #06810 Colavecchi & Colavecchi 221 East Market Street P. O. Box 131 Clearfield, PA 16830 814/765-1566 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA COMMONWEALTH OF PENNSYLVANIA r.ni INTY OF- CUMBERLAND Mag. Dist. No.: 09-2-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rJMIWC COMPANY, 221 E MARZET ST P.O. SOX 832 LCLBARFIELD, PA 16830 J VS. DEFENDANT: NAME and ADDRESS rALLM, MICHAEL D 816 DOUBLING GAP RD NENVILLE, PA 17241 L -? Docket No.: CV-0000118-08 Date Filed: 7/25/08 MDJ Name: Hon. PAULA P. CO> REAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 JMMMPC COMPANY 221 E MARKET ST P.O. BOX 832 CLEARFIELD, PA 16830 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/12/08 ® Judgment was entered for: (Name) JMMMPC COMPANY, ® Judgment was entered against: 8 (Name) 168 0c- ALLEN, MICHAEL D -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 Judgment Costs interest on Judgment Attorney Fees Total $ 8,000.00 $ 168.05 $ To $ $ 8,168.051 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 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. --/" -04KDate , Magisterial District Judge I certify that this is a true and c py of th o the proc ings containing the judgment. )/-/,69-000 Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 11/13/08 9:09:00 AM 1 R?1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v1MMPC COMPANY, Assignee from OUSEHOLD AUTO FINANCE, Plaintiff VS. CHAEL D. ALLEN, Defendant AFFIDAVIT . No. JOSEPH COLAVECCHI, ESQUIRE, being duly sworn according to law, deposes and states follows: 1. The last known address of Plaintiff is c/o Joseph Colavecchi, 221 East Market Street, Pennsylvania 16830. 2. The last known address of Defendant is 816 Doubling Gap Road, Newville, PA 17241. 3. A certified copy of the Judgment/Transcript entered November 12, 2008 by Magisterial Judge Paula P. Correal is attached hereto d m de art hereof. JOSEP O AVEC I, UIRE Colavecchi & Colavecchi 221 East Market Street P.O. Box 131 Clearfield, PA 16830 (814) 765-1566 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 191 CLEARFIELD, PA ? N 9-1 -n UI r Co - 5 5 1 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW COMPANY, Assignee from OLD AUTO FINANCE, Plaintiff vs. No. D. ALLEN, Defendant NOTICE NOTICE IS GIVEN THAT JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS ENTERED AGAINST YOU IN THE AMOUNT OF $ tog. 1-)F& ON 2008. LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA By: PROT TA Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW vIMMPC COMPANY, Assignee from OUSEHOLD AUTO FINANCE, Plaintiff VS. : No. D. ALLEN, Defendant MICHAEL D. ALLEN, Defendant You are hereby notified that on & 11 , 2008, the following Judgment has been against you in the above-captioned case. Michael D. Allen 816 Doubling Gap Road Newville, PA 17241 JOSEPH A ECCHI, quire Attorney for laintiff Colavecchi & Colavecchi 221 East Market Street P.O. Box 131 Clearfield, PA 16830 (814) 765-1566 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA hereby certify that the name and address of the proper person to receive this notice is: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JMMMPC COMPANY, Assignee from Household Auto Finance, VS. ? Confessed Judgment x? Other File No. 08-7345-,Z C ivtl - em Amount Due 8,168.05 Interest 85.93 MICHAEL D. ALLEN 8l le Doobl inq Nawvi lle, PIA'' ?7A41 Atty's Comm 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 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property in possession of or owned by the Defendant. 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 o the defendant(s) described in the attached exhibit. Date 2-2-09 Signature: Print Name: Josep Colavecchi Address: Clearfield, PA 16830 Plaintiff P.O. BOX L31 Attorney for: Telephone: (814) 765-1566 Supreme Court ID No: 06810 A LIN ¢ at., . r4? A pp ?? R y? .rwy ?5 Y3 su 9 -fix r ?? A: 00 ..a OD q OF PENNSYLVANIA OF CLEARFIELD SS JOSEPH COLAVECCHI, ESQUIRE, being duly sworn according to law, ses and says that to the best of his knowledge, information and lief, the last known address of Defendant is: MICHAEL D. ALLEN 816 DOUBLING GAP ROAD NEWVILLE, PA 17241 O EPH COLAVE HI, ESQUIRE Attorney for Plaintiff 221 East Market Street Clearfield, PA 16830 Sworn to and subscribed before me this _ /q / day of <J?n. , 2009. 6 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA NOTARW WEAL LINDA ZIEMB041P7SSLER, Notary Public Dearfieid BcT,, : i;=:_iiield County, PA MyCetnmissionEx 'c- ),;.':mberV,2009 - n z f i rn l - ri k'7 , cf? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7345 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMMPC COMPANY, assignee from HOUSEHOLD AUTO FINANCE, Plaintiff (s) From MICHAEL D. ALLEN, 816 Doubling Gap Road, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property in possession of or owned by the defendant. (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 $8,168.05 Interest -- $85.93 Arty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 2/04/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curs R. Lon onotary By: Deputy REQUESTING PARTY: Name JOSEPH COLAVECCHI, ESQUIRE Address: COLAVECCHI & COLAVECCHI PO BOX 131 CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor of ?Currt?Pr?? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 May 1, 2009 JMMMPC Company RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant vs Michael D. Allen Writ No. 2008-7345 Civil Term Property Claim Determination To Whom It May Concern: Reference is made to Property Claim dated April 21, 2009, entered by Dianne Allen, Writ of Execution No. 2008-7345 Civil Term, JMMMPC Company vs Michael D. Allen. R. Thomas Kline, Sheriff, has determined that the claimant, Dianne Allen, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Joseph Coiavecchi, Atty for Pltff Michael D. Allen, Defendant Jacob M. Theis, Atty for Claimant So Answers: Th Zias R. Kline, SheriBy t _}^ NOTICE OF PROPERTY CLAIM JMMMPC Company, assignee From Household Auto Finance VS Michael D. Allen In the Court of Common Pleas Cumberland County, Pennsylvania No. 2008-7345 Civil Term 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 Dianne L. Allen claiming property listed therein. Unless an appraisal of the property 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. Date 04-21-09 Sheriff of Cumberland County Cc Joseph Colavecchi, Atty for Pltff Michael D. Allen, Defendant Dianne Allen, Claimant B _'o'?? / W, - PROPIM CL AIM JM IMPC Company, Assignee rom Household Auto F nance. vs Michael D. Allen TO T8i mumm Or C??tx+ArD COCM LVAM h tI Cm t ad cf : Pb a of CMIYO lwtlt+dhtdo WrtN& 08-7345 Tbrp *tV b Wbdow od lnWWubtd6 a b sortsptopwq?d6 ddk*K bob 6sp upwo adfr w dom4ni A ld add d dw d piopvM =d Iw vdm 6tawd= Lx? 41PPROPSAT! PALM See Attached List TU CLAWAN 08TAMs' =2 TQ TM tZQPUM AA ?01Wft See Attached List. 3131 14)9 • Dianne Allen 91Mo ? Comtq?adCl?baeLoi • -b! ann,C., t?-O•Grj b*Sd* I&M IN bo prepg q ddw rue 60WW lad kft Swoa titld wb?dNdlo bad ttr dgod , 2D0`1 $Ib ?eab Noatq?pd a COMMO TH OF PENNSYLVANIA NOTARIAL SEAL Corrine L. Myers, Notary Public Carlisle Borough, Cumberland County My commission ex Tres Ma 27, 2011 e * depeiwUd wr dw I5a 1 , a. 2.141 l Property Claimed by Diane Allen The following list of property is claimed by Dianne Allen. Claimant obtained title to the listed property by purchasing the same. Vehicles Registered Owner Value Make: Chevy Tag: GGS-5578 Diane Allen $100.00 Condition: Fair Model: Cavalier Vin: 1 G1 JC1444N7144365 Make: Chevy Tag: GGP-3196 Diane Allen $100.00 Condition: Poor Joshua Allen Model: Nova Vin: 1 X27D8T177317 Make: Pontiac Tag: GVM-0296 Diane Allen $150.00 Condition: Fair Model: SSE Vin: 1 G2HZ5218P 1235560 Make: Dodge Tag: YWA-4699 Diane Allen $500.00 Condition: Fair (On behalf of her son, Model: Christopher Allen) Vin: 1 B7FL26XOSW952613 FAFILES\Climts\7122 Hyatt0122.335 Albn\7122.335.prop.cWm.DianneAllm ti. R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor o??t? of ?unr?Pr?? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 May 1, 2009 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant JMMMPC Company vs Michael D. Allen Writ No. 2008-7345 Civil Term Property Claim Determination To Whom It May Concern: Reference is made to Property Claim dated April 21, 2009, entered by Robert Allen, Writ of Execution No. 2008-7345 Civil Term, JMMMPC Company vs Michael D. Allen. R. Thomas Kline, Sheriff, has determined that the claimant, Robert Allen, in the , above mentioned property claim, is the owner of the property set forth in the claim. So Answers: Tho gas R. Kline, Sheri By N CC 7a Joseph Colavecchi, Atty for Pltff= Michael D. Allen, Defendant , Robert Allen, Claimant _a c NOTICE OF PROPERTY CLAIM JMMMPC Company, assignee From Household Auto Finance VS Michael D. Allen In the Court of Common Pleas Cumberland County, Pennsylvania No. 2008-7345 Civil Term 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 Robert L. Allen claiming property listed therein. Unless an appraisal of the property 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. Date 04-21-09 '/• Sheriff of Cumberland County Cc Joseph Colavecchi, Atty for Pltff Michael D. Allen, Defendant Robert Allen, Claimant ,;,y PILOPZiCI'Y CLADI - JMMMPC Company, Assignee from hold Auto Finance. VS Michael D. Allen TO TU S OP C-1-W D COVMv MMILTAM b dw Cwrt d co d Plw d C=bwhzd Cwjdy* P WrkNo. n8-7345 mindMd. A lief ddr d1hMd PMPv *ad lb• vd=tiswK= WIT 01F120PSR'1'T , VALUX See Attached List T= CLA1 AMT MTAVM 1'11 S TO Tim P20P=TY AS FOLWV% See Attached List. y Bert L- • I I,cn__ _._...?..?.? b?i? dip rnou aoooedt b 1.w? depoir.¦d ?tt? abovri it t in 60 pop am dda M 00m o and &w. Snore ad aaba"bbaeon ma ILIt der of 2-0 n 1 cl immc PW& COMMNWEALTH OF PENNSYLVANIA NOTARIAL SEAL -776 - SO 017 Corrine L. Myers, Notary Public Cw#sle Borough, Cumberland County My commission expires May 27, 2011 1, Property Claimed by Robert Allen The following list of property is claimed by Robert Allen. The named defendant, Michael D. Allen, is a guest on the property of Robert Allen. Therefore, nearly all property in Defendant's immediate possession is owned by Robert Allen. Claimant obtained title to the listed property by purchasing, inheriting, receiving by gift, or otherwise throughout the course of his life. Guns: Value 1) 22 Rifle S# 6389 $50.00 2) New England Firearms 243 Winchester S# 246539 $150.00 3) Savage Model 22 Cal. S# 1039893 $50.00 4) Savage Model 3, 270 Cal. S# F513443 $150.00 5) AK47 S# 51395672001 $50.00 6) Marlin Model 25 22 Cal. S# 02350993 $50.00 7) Mossberg Model 472 30/30 Win. S# 797203 $150.00 8) Winchester Model 94 30/30 S# 6398738 $100.00 9) Marlin Model 336 30/30 S# not visible $100.00 10) .30-06 Cal. No Visible S#. $75.00 11) 12 miscellaneous shotguns (20 gauges, 12 gauges, 16 gauges, $600.00 410 gauges (no visible S#). Vehicles: $1,800.00 All miscellaneous vehicles on the property, including but not limited to (unless claimed Diane Allen), all boats, snowmobiles, trailers, farm equipment, Bobcat Skidloader, Model 440, etc. Livine Room: One (1) Sofa One (1) Love Seat All Chairs All Coffee/End Tables All Lamps One (1) Television One (1) DVD Two (2) Gun Cabinets $260.00 Kitchen: One (1) Dinette Table All Chairs One (1) Microwave All Utensils All Pots/Pans One (1) Refrigerator One (1) Stove - Gas/Electric One (1) Washer One (1) Dryer $250.00 Page 1 of 2 e A ' 4 • One (1) Coffee Pot Bedroom Furniture: Four (4) Beds Three (3)Dressers Three (3) Lamps Three (3) Bureaus Two (2) Night stands Two (2) Televisions One (1) Radio One (1) Stereo Three (3) Clocks One (1) VCR/DVD One (1) Playstation/Xbox $475.00 Garaze/Shed: $250.00 One (1) Lawnmower All Hand Tools One (1) Power Saw One (1) Power Drill All Garden Tools Any and all tools not otherwise mentioned herein. Miscellaneous: $4,720.00 Four (4) Beef Cows All Farm Equipment One (1) Pressure Washer Two (2) Wood Stoves One (1) Fish Tank One (1) Book Shelf All TVs and other electronic equipment. One (1) Duck Five (5) Weed Eaters One (1) Four Wheeler Trailer 6x8 One (1) Air Compressor One (1) Torch Set One (1) Ban Saw Any and all tools not otherwise mentioned herein. F:\FILES\Client0122 Hyatt0122335 Alkn\7122.335.prop.claim.RobenAllen Page 2 of 2 ? v b .?? z ?a? eoaz ??. ??- Y5- RLUI i tJ R. Thomas Kline, Sheriff, who being duly sworn according to law, Altes = this writ is returned ABANDONDID. No action has been taken in the las?- `- f six months. Q;D Sheriff's Costs: Docketing $30.00 Law Library .50 Prothonotary 2.00 Mileage 11.70 1 Surcharge 20.00 -. r Levy 20.00 . ; Poundage 1.44 [ $73.64 09 o , . Cn R. Thomas Kline, Sheriff BY v C .: Serg ant Co b5D chi -7,2 93 Y )33 5-1-7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7345 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMMPC COMPANY, assignee from HOUSEHOLD AUTO FINANCE, Plaintiff (s) From MICHAEL D. ALLEN, 816 Doubling Gap Road, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property in possession of or owned by the defendant . (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 horn 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 $8,168.05 Interest -- $85.93 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 2/04/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, yy By Deputy REQUESTING PARTY: Name JOSEPH COLAVECCHI, ESQUIRE Address: COLAVECCHI & COLAVECCHI PO BOX 131 CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810 9E 6 S- ?J bull!