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HomeMy WebLinkAbout09-2749, >1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MMMPC COMPANY, Assignee from IOUSEHOLD AUTO FINANCE, CIVIL ACTION-LAW Plaintiff, n(? vs. No. aq - .27gf l.?w;l (e rM HARLES DAY and BARBARA DAY, Defendant. EXEMPLIFIED COPY OF 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 181 CLEARFIELD, PA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW dMMPC COMPANY, Assignee from : OUSEHOLD AUTO FINANCE, Plaintiff vs. No. DAY and BARBARA DAY, : Defendant AFFIDAVIT 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, Clearfield, Pennsylvania 16830. 2. The last known address of Defendant is 1 Bellaire Avenue, Apt. 1, Carlisle, PA 17013. 3. An exemplified copy of the Judgment is attached hereto and made a part hereof. 2008 by the Prothonotary of Adams JOSEPH MLAVECCHI, ESQUIRE 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 County of Adams ss: I, BEVERLY BOYD, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole?record of the case therein stated, wherein JMMMPC COMPANY, Plaintiff, and CHARLES DAY and BARBARA DAY, Defendant, as the same remains of record before the said Court at No. 2008-NO- 0000579 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 15th day of April, A.D., 2009. '01'tzhl. 4 A1 Prothonotary I, JOHN D. KUHN, President Judge of the County of Adams, do certify that BEVERLY BOYD, by whom the annexed record, certificate and attestation were made and given, and who in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is, Prothonotary in and for said County of Adams, in the Commonwealth of Pennsylvania, duly commissioned and qualified, to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by thp-p?ti ffiger. esident Judge Commonwealth of Pennsylvania County of Adams ss: I, BEVERLY BOYD, Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable JOHN D. KUHN, by whom the foregoing attestation was made and who has thereunto subscribed his name, was, at the time of making thereof, and still is, President Judge of the Court of Common Pleas for said County, duly commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have her unto set my hand dfixed the seal of said Co rt this itt day of A.D., Prothonotary AMONG THE RECORDS AND PROCEEDINGS enrolled in the Court of Common Pleas in and for the County of Adams, in the Commonwealth of Pennsylvania, to No. 2008- NO-0000579 is contained the following: COPY OF APPEARANCE AND JUDGMENT DOCKET ENTRY JMMMPC Company Plaintiff vs. Charles Day Barbara Day Defendant Costs: Entry of $21.00 paid by Plaintiff. Exemplification fee of $19.50 paid by Plaintiff. See attached Docket Entries Date of Lien Amount Nature of Lien 6/2/2008 $6,075.81 Transcript Interest From Revival Original Case As per terms No. No. 2008-NO-579 Date: 4/15/2009 Adams County Court of Common Pleas User: CKIDD Time: 08:45 AM ROA Report Page 1 of 1 Case: 2008-NO-0000579 Current Judge: No Judge JMMMPC Company vs. Charles Day, et al Judgment Date Judge 6/2/2008 New Case Filed Judgment entered in favor of Plff against Dfdt in the amount of $6,075.81 order date: 6/2/2008 Judgment type: Transcript Disposition type: Open Parties on judgment: Day, Barbara, Defendant; Day, Charles, Defendant; JMMMPC Company, Plaintiff(in favor) 6/3/2008 Filing: Judgment by District Justice Transcript Paid by: Colavecchi, Joseph (attorney for JMMMPC Company) Receipt number: 0054778 Dated: 6/3/2008 Amount: $21.00 (Check) For: JMMMPC Company (plaintiff) 12/10/2008 Filing: Writ of Execution Paid by: Colavecchi, Joseph (attorney for JMMMPC Company) Receipt number: 0059885 Dated: 12/10/2008 Amount: $26.50 (Check) For: JMMMPC Company (plaintiff) Praecipe for Writ of Execution (Money Judgment) P.R.C.P. 3101-3149 filed. Writ issued. 4/15/2009 Filing: Exemplification of the Record Paid by: Colavecchi, Joseph (attorney for JMMMPC Company) Receipt number: 0063440 Dated: 4/15/2009 Amount: $19.50 (Check) For: JMMMPC Company (plaintiff) ^l5 200 This being a V. and attested copy taken from and compared with the onginai Attest: Deputy Prothonotary L -1 V,Z4.Ub-t ?L Pl? e-1 Zosa? LU I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ?4MMPC COMPANY, Assignee from OUSEHOLD AUTO FINANCE, Plaintiff vs. . No. HARLES DAY and BARBARA DAY, Defendant CHARLES DAY, Defendant You are hereby notified that on g?, 2009, the following Judgment has been against you in the above-captioned case. ?ate: Prothonotary hereby certify that the name and address of the proper person to receive this notice is: Charles Day 1 Bellaire Avenue, Apt. 1. Carlisle, PA 17013 aOSEP COLAVECC , Esquire Attorney or Plaintiff 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 4PC COMPANY, Assignee from EHOLD AUTO FINANCE, Plaintiff vs. No. S DAY and BARBARA DAY, Defendant : BARBARA DAY, Defendant You are hereby notified that on 2009, the following Judgment has been against you in the above-captioned case. II r / Prothonotary hereby certify that the name and address of the proper person to receive this notice is: Barbara Day 1 Bellaire Avenue, Apt. 1 Carlisle, PA 17013 JOSEPH CAW* I, Esquire Attorney for Plaintiff Colavecchi & Colavecchi 221 East Market Street P.O. Box 131 Clearfield, PA 16830 (814) 765-1566 LAW OFFICES OF COLAVECCHI 6 COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA I F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW vIMMPC COMPANY, Assignee from OUSEHOLD AUTO FINANCE, Plaintiff vs. : No. HARLES DAY and BARBARA DAY, Defendant NOTICE NOTICE IS GIVEN THAT JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS EEN ENTERED AGAINST YOU IN THE AMOUNT OF $ L6-YS. a L ON 2009. By: Deputy LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 191 CLEARFIELD, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION JMMMPC COMPANY, Assignee from ? Confessed Judgment Household Auto Finance, Other P.O. BOX 832 ( Clearfield, PA 16830 File No. 09 LC L- 164-ov1 VS. Amount Due 6, 0 7 5.81 Interest 140.67 CHARLES DAY and BARBARA DAY 1 Bellaire Avenue, Apt. 1 : Atty's Comm Carlisle, PA 17013 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 Defendants. 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). Date ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Signature: estate of the Print Name: JoseiA C61avecchi Address: P.O. Box 131 Clearfield, PA 16830 Attorney for: Plaintiff Telephone: (814) 765-1566 Supreme Court ID No: 06810 C.tt _ .,-, r, 2009 K ll;'i` - ! P i 2: 24 n; V 14. C? ?CL Tl-? .5 3 4 2 .eo & CK.'4 2b717 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2749 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JbIlVIMPC COMPANY, ASSIGNEE FROM HOUSEHOLD AUTO FINANCE, Plaintiff (s) From CHARLES DAY AND BARBARY DAY,1 BELLAIRE AVENUE, APT. 1, CARLISLE, PA 17013 (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 DEFENDANTS. (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 $6,075.81 Interest $140.67 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: MAY 1, 2009 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name JOSEPH COLAVECCHI, ESQUIRE Address: P.O.BOX 131 CLEARFILED, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810 By: Deputy Sheriff s Office of Cumberland County R Thomas Kline ~~~'~`~ t j' -~ ~,~ QF THt - ~ ~~~nTr^.RY Sheriff -tYp 4+~ ~Ie1p~bCY'J Ronny R Anderson ~,t ~Q~ ~ ~ 2004 SE~~ 1 S ;,!`d 10~ ~ 4 Chief Deputy ~ - `; ``~,~ ~ ,~ ir. Jody S Smith ~~~~ _''" ~'+~~~ ,... ~.~'..:i.i~~! I Civil Process Sergeant ~FFtceorrhES~,FS~rr ~';,;.~ ~~~~~~,i~V~N. Edward L Schorpp Solicitor JMMMPC Company, Assignee from Household Auto Finance vs. Barbara Day Case Number 2009-2749 SHERIFF'S RETURN OF SERVICE 05/27/2009 03:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2009 at 1520 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Charles Day, by making known unto Charles Day, at 1 Bellaire Avenue, Apt. 1, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 05-28-09. 05/27/2009 03:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2009 at 1520 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Barbara Day, by making known unto Charles Day, Adult in Charge at 1 Bellaire Avenue, Apt. 1, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 05-28-09. 09/15/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff s attorney. SHERIFF COST: $78.30 SO ANSWERS, -~ l' September 15, 2009 / 9~/4~0 9 ~ R THOMAS KLINE, SHERIFF By Sharon R. Lantz s o ~o~ ~ q - ~rW bDOl ,. . ,:, ~.~v ~' ,~ro~h CJ~ 7/ 9 ~ ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JMMMPC COMPANY,Assignee from HOUSEHOLD AUTO FINANCE, Plaintiff, No. 09— a,^jic vs. CHARLES DAY and BARBARA WRIT OF EXECUTION DAY, Defendant. Filed on Behalf of: Plaintiff,JMMMPC Company Counsel of Record For This Party: PAUL COLAVECCHI, ESQUIRE Pa. I. D. No. 83274 Colavecchi & Colavecchi 221 East Market Street P. O. Box 131 Clearfield, PA 16830 ((814) 765-1566 Ala. LAW OFFICES OF ~ COLAVECCHI <110 &COLAVECCHI r 2 GD 21 E.MARKET ST. 1,5 ) (ACROSS FROM COURTHOUSE) -.j 4' P.O.BOX 131 CLEARFIELD,PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: : ❑Confessed Judgment JMMMPC COMPANY, Assignee from : ❑Other Household Auto Finance, : File No. 69_ .2.7Y vs. Amount Due $6,075.81 : Interest $1,016.3 9 Charles Day and Barbara Day : 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 Cumb er land 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 Defendants located at 1 Bellaire Avenue, Apt. 1, Carlisle, PA 17013 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. Date 1-16-14 Signature: 9:28. sa +1 Print Name: Paul olavecchi ` - N(� ��� r Address: P.O. Box 131 U-1 .00 IJF�T Clearfield, PA 16830 Attorney for: Plaintiff PC) W " It Telephone: (814) 765-1566 Supreme Court ID No: 83274 ea 3.2.x77 1Z-11..3 as137 Wr x Tss� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2749 Civil COUNTY OF CUMBERLAND) 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 CHARLES DAY AND BARBARA DAY, 1 BELLAIRE AVENUE,APT. 1,CARLISLE,PA 17013 (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 DEFENDANTS LOCATED AT 1 BELLAIRE AVENUE,APT. 1,CARLISLE,PA 17013. (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$6,075.81 Plaintiff Paid$ Interest$1,016.39 Attorney's Comm. % Law Library$ Attorney Paid$226.80 Due Prothonotary$2.25 Other Costs$ Date: JANUARY 21,2014 r // David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : PAUL COLAVECCHI,ESQUIRE Address: COLAVECCHI& COLAVECCHI 221 EAST MARKET STREET,P.O.BOX 131 CLEARFIELD,PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 83274 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Y , ow 01 Ehrrr lep, b OFFICE OF THE $KERIFF FILED -OFFICE DF THE PROT H0N0 jAR'Y 20R JUL 25 AM 9: 3.8 'CUMBERLAND COUNTY PENNSYLVANIA JMMMPC Company, Assignee from Household Auto Finance vs. Barbara Day (et al.) Case Number 2009-2749 SHERIFF'S RETURN OF SERVICE 02/05/2014 02:19 PM - Ronald Hoover, Deputy , being duly sworn according to law, states that on February 05, 2014 at 2:19 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Charles Day at 1 Bellaire Avenue, Apt. 1, North Middleton Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on February 10, 2014. 02/05/2014 02:20 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Charles Day, husband, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Barbara Day at 1 Bellaire Avenue, Apt. 1, North Middleton Township, Carlisle, PA 17013, informed person of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on February 10, 2014. 07/24/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $80.56 SO ANSWERS, July 24, 2014 to} CountySuite Sheriff, Teleosoft, Inc. RONR ANDERSON, SHERIFF a.as-is . e. 9737 ,g/-$ food"