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HomeMy WebLinkAbout09-5431IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /IMMPC COMPANY, Assignee from ASHINGTON MUTUAL BANK, CIVIL ACTION-LAW Plaintiff, LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA vs. No. ,05? . S`y3f H RETTBURG, 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 COMMONWEALTH OF PENNSYLVANIA COUNTY nF• CU1®ERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN a. DAY Address: 229 KILL ST, BOX 167 1[T. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 JMMKPC CO, ASSIGNEE-WASHINGTON NUT 221 EAST MARKET ST P.O. BOX 832 CLEARFIELD, PA 16830 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGILENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE _ PLAINTIFF: NAME and ADDRESS rJJ0O[PC CO, ASSIGNEE-WASHINGTON NUT7 221 EAST XAREET ST P.O. BOX 832 LCLEARFIELD, PA 16830 J VS. DEFENDANT: NAME and ADDRESS rRETTBURG, RALPH 99 REGENCY WOODS NORTH CARLISLE, PA 17015 L J Docket No.: CV-0000167-09 Date Filed: 5/01/09 (Date of Judgment) 6/11/09 Judgment was entered for: (Name) JN1ZPC CO, ASSIGNEE-, WASHINGT Judgment was entered against. (Name) RETTBURG, RALPH in the amount of $ 3, 829.6 F1 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 $ 3,733.19 Judgment Costs $ 96.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,829.69 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 3,829.69 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. 61-1 1-(J `1 Date I certify that this is a true d rrec c py of q_ Date My commission expires first Monday of January, 2010 AOPC 315-07 , Magisterial District J containing the judgment. , Magisterial District Judge SEAL DATE PRINTED: 7/16/09 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IMMPC COMPANY, Assignee from ASHINGTON MUTUAL BANK, Plaintiff vs. PH RETTBURG, Defendant No. 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, Pennsylvania 16830. 2. The last known address of Defendant is 99 Regency Woods North, Carlisle, PA 17015. 3. A certified copy of the Judgment/Transcript entered June 11, 2009 by Magisterial District LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA udge Susan K. Day is attached hereto and made a part hereof J EP OLAVECCHI, ESQUIRE Colavecchi & Colavecchi 221 East Market Street P.O. Box 131 Clearfield, PA 16830 (814) 765-1566 ny .. Si i..... ? ifr 14. 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 4MMPC COMPANY, Assignee from ASHINGTON MUTUAL BANK, CIVIL ACTION-LAW Plaintiff, VS. No. 2009-05431 H RETTBURG, Defendant. WRIT OF EXECUTION Filed on Behalf of: Plaintiff Counsel of Record For This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. 1. D. #06810 Colavecchi & Colavecchi 221 East Market Street P. O. Box 131 Clearfield, PA 16830 814/765-1566 4 Caption: : ? Confessed Judgment JMMMPC COMPANY, Assignee from ® Other Washington Mutual Bank, File No. 2009-05431 CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RALPH RETTBURG Amount Due 3,829.69 : Interest 19.52 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, located at 99 Regency Woods North, Carlisle, PA 17015 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. 9-3-09 Signature: Print Name: Address: penMagai estate of the Jos ph Colavec_ P.O. Box 131 Clearfield, PA 16830 Attorney for Telephone: Plaintiff _(814) 765-1566 Supreme Court ID No: 06810 FILED-OfflCE, OF THE PPOT?r-NOTMY 2049 SEP -8 PM 3: CAD CUi B'Ei-,i -?iO (,'s-UN Y PENNSYLVANIA ?. gay 06 ???r Mgr ?d• 5G yd ? ? !5-,37s pd U?® • i }?? VINW {/?' C??- a aabS o? PXrc wry If )SSc?,A 1. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2009-5431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMPC COMPANY, ASSIGNEE FROM WASHINGTON MUTUAL BANK Plaintiff (s) From RALPH RETTBURG AT 99 REGENCY WOODS NORTH, CARLISLE PA 17015 (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, LOCATED AT 99 REGENCY WOODS NORTH, CARLISLE, PA 17015. (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 $3,829.69 L.L. $.50 Interest $19.25 Atty's Comm % Due Prothy $2.00 Atty Paid $53.75 Other Costs Plaintiff Paid Date: 9/8/09 z _, -e w C R. Long, Pr i (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH COLAVECCHI, ESQ Address: P.O. BOX 131 CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810 Sheriff s Office of Cumberland County R Thomas Kline ;"1 FfL~ty ~.;L;-fr,' Sheriff - ~ ~F;~ i~?_: j ~~r,r, r:-, .tit°a ni '~'t~n+Ufr '~'~(~~ Ronny R Anderson Chief Deputy Jody S Smith Civi! Process Sergeant Edward L Schorpp Solicitor ~~~tt ~~rtc1 C`ii=l='!; ~ .. .-;IFS 200 OCR 3p ~~1 g: 55 CG~,'vd= i a, ~ .l }I ~..titi~rii~~~~r JMMMPC Company, Assignee from Washington Mutual Bank Case Number vs. Ralph Rettburg 2009-5431 SHERIFF'S RETURN OF SERVICE 09/17/2009 01:25 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1322 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Ralph Rettburg, by making known unto Ralph Rettburg, at 99 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013 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 and copy of levy mailed to attorney and letter mailed to defendant on 09-18-09. 10/20/2009 04:50 PM -Sale bill posted on 10-20-09 at 1650 hours by Deputy Fry. Sale date set for Monday, 11-09-09 at at 1500 hours. Copy of sale bill mailed to Attorney Colavecchi. 10/28/2009 R. Thomas Kline Sheriff, who being duly sworn according to taw, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $99.12 SO ANSWERS, October 28, 2009 '~' /t~a~~ ~9 R TH~MAS~ KLINE, SHERIFF By _ Sharon .R. Lantz a VC• s clyi 7~ 7G d~ ~ .~ 3~2 J`s~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2009-5431 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMPC COMPANY, ASSIGNEE FROM WASHINGTON MUTUAL BANK Plaintiff (s) From RALPH RETTBURG AT 99 REGENCY WOODS NORTH, CARLISLE PA 17015 (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, LOCATED AT 99 REGENCY WOODS NORTH, CARLISLE, PA 17015 . (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 $3,829.69 Interest $19.25 Atty's Comm Atty Paid $53.75 Plaintiff Paid L.L. $.50 Due Prothy $2.00 Other Costs Date: 9/8/09 (Seal) ~c`~ C rtis R. Long, P o ~' By: Deputy REQUESTING PARTY: Name JOSEPH COLAVECCHI, ESQ Address: P.O. BOX 131 CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone : 814-765-1566 Supreme Court ID No. 06810