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HomeMy WebLinkAbout04-3447COMMONWEALTH OF PENNSYLVANIA COUNTY OF: YORK Mag. Dist. NO.: 19-2-01 DJ Name'. Hon. HAROLD D. KESSLER 4 Address: 110 PLEASANT ACRES ROAD YORK, PA Telephone: (717) 840-7233 17402 7l?.0 3 V V 9 &-Z/T? NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASEndADDRESs NAME rVILLAGE FINANCE CO. 7 P.O. BOX 3546 1771 EAST MARKET STREET LYORK, PA 17402 J vs. DEFENDANT: NAME and ADDRESS FHOERNER, CHERYL E. 10 WEST CIRCLE CAMP HILL, PA 17011 VILLAGE FINANCE CO./VICTORIA DIXON L P.O. BOX 3546 DocketNo.: CV-0000336-04 1771 EAST MARKET STREET Date Filed: 5/14/04 YORK, PA 17402 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT .7DDGMRNT PLTF 0 Judgment was entered for: (Name) VTT.T.ArsR FTNAMOR: C-O _ , ? Judgment was entered against: (Name) HORRNRR, CHF.RYT. E- in the amount of $ 2,14A-An on: (Date of Judgment) 1-1 Defendants are jointly and severally liable. ? Damages will be assessed on: ? 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 $ (Date & Time) 6/10/04 Amount of Judgment $ 2,264.80 Judgment Costs $ 84.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,348.80 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Drs rlct;Justiee Date 61 4 AFTa -.5?^:7. L ': 2 x 9r .. i.rVvlu 1`?. T+•.a.fb?. p.r I certify that this is a true and corr ct copy of the record ' the proceedings containing the judgment. Lphok`i Date District Justice KG My commission expires first Monday of January, 2010. SEAL AOPC 315-03 DATE PRINTED: 6/10/04 2:44:14 PM ? ? r rJ 1 P, U? 6? ? 6? 7 a W V• - - 'V G AFFIDAVIT OF NO APPEAL District Justice Docket Number: Vi11sgp Finnnra Cr) Plaintiff VS. Cheryl E. Hoerner Defendant CV-0000336-04 As of Ju1V 14. 2004 A District Justice appeal has not been filed in the Court of Common Pleas of York County in. the above captioned matter. ' laintiff}Def.-^d--b -V/ '-NAVP- ??'?-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VILLAGE FINANCE COMPANY, INC VS. CHERYL E. HOERNER No. 04-3447 Civil Term Civil Action In Law PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Cheryl E. Hoerner, Defendant(s); (3) and index this Writ against Cheryl E. Hoerner, Defendant(s), as a lis pendens against the property of the Defendant(s) as follows: All household goods and furnishings, furniture, and all other personal property of Defendant(s), whether owned jointly or individually, located at the residence of Defendant(s), 10 West Circle, Camp Hill, Pennsylvania 17011. (4) Amount due: $ 2,348.80 District Justice costs $ 84.00 Attorney's commission $ 117.44 Total: $ 2,550.24 Plus continuing interest at the rate of 18%, and costs of suit. Dated: August 17, 2004 Bruce C. Bankenstein Attorney for Plaintiff(s) Supreme Court I.D. No. 27025 Manifold & Bankenstein 42 North Duke Street York, PA 17401 (717) 843-0961 W (rJ ? c ? V n C-) o ?, -ell WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3447 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VILLAGE FINANCE COMPANY, INC., Plaintiff (s) From CHERYL E. HOERNER, 10 WEST CIRCLE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL HOUSEHOLD GOODS AND FURNISHINGS, FURNITURE, AND ALL OTHER PERSONAL PROPERTY OF DEFENDANT(S), WHETHER OWNED JOINTLY OR INDIVIDUALLY, LOCATED AT THE RESIDENCE OF DEFENDANT(S), 10 WEST CIRCLE, CAMP HILL, PA 17011 (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 $2,348.80 L.L. $.50 Interest Arty's Comm $117.44% Due Prothy $1.00 Arty Paid $36.75 Other Costs DISTRICT JUSTICE COSTS $84.00 Plaintiff Paid Date: AUGUST 19, 2004 CURTIS R. LONG (Seal) Prothonota By: /J? O ? ? j _ I1/j/?J Deputy REQUESTING PARTY: Name BRUCE C. BANKENSTEIN, ESQUIRE Address: MANIFOLD & BANKENSTEIN 41 NORTH DUKE STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-0961 Supreme Court ID No. 27025 VILLAGE FINANCE CO., Plaintiff V. CHERYL E. HOERNER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3447 Civil PETITION TO SET ASIDE SHERIFF'S SALE AND NOW comes defendant, Cheryl E. Hoerner, by her attorney, Kent H. Patterson, and files this petition to set aside sheriff's sale as follows: 1. Petitioner is Cheryl E. Koerner who is the defendant and who resides at 10 west Circle, Hampden Township, Cumberland County, Pennsylvania (Camp Hill, PA 17011)- 2. Respondent is Village Finance Co. which is plaintiff and which has a business address at P.O. Box 3546, 1771 E. Market Street, York, PA 17402. 3. On July 16, 2004, plaintiff entered judgment in the amount of $2,348.80 based on a transcript of a judgment from York County. 4. On or about August 19, 2004, plaintiff filed a writ of execution and the sheriff subsequently levied on personal property of defendant located at defendant's residence at 10 west circle, Hampden Township, Cumberland County, Pennsylvania, on or about October 20, 2004. 5. On January 19, 2005 at approximately 11:00 a-m•, the conducted a sheriff's sale at Sheriff of Cumberland County and defendant's residence at 10 West Circle, Hampden Township, ed numerous items of personal property from plaintiff remov defendant's residence. 6. Defendant did not receive any notice of the sheriff's sale as required by Rule 3128 of the Pennsylvania Rules of Civil Procedure. 7, The sheriff's office has advised counsel that its records indicate that sheriff's deputies posted defendant's of the sale on December 27, 2004 at property with notice approximately 7:02 B-m S. Defendant was not at her residence at 7:02 p.m• on December 27, 2004 but returned home at approximately 9:30 B•m• on that evening and did not see on that evening or at any time thereafter any notices or handbills of any kind concerning a sheriff's sale on the property. 9. The sheriff allowed plaintiff to remove items from defendant's residence, the values of which plaintiff believes exceeds the amount owing to plaintiff. 10. The sheriff's sale should be set aside for the following reasons: - 2 - a. failure to post handbills on the property six days prior to the sale as required by Pa. R.C.P.3128; b. failure to adequately post handbills in places where they could be seen and in a manner in which they would remain for a reasonable period of time; or c. removal of defendant's personal property by plaintiff which has a value in excess of amount owing by defendant or, in the alternative, sale of defendant's personal property for an inadequate price. WHEREFORE, defendant requests your honorable court to set aside the sheriff's sale and to order plaintiff to return all items of personal property taken from defendant's residence. /?-- / hA? Kent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 - 3 - VERIFICATION I, Cheryl E. Hoerner, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: V D Ch 1 E. Hoerner 4 / O J VILLAGE FINANCE CO., Plaintiff V. CHERYL E. HOERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3447 CIVIL 0 CERTIFICATE OF SERVICE AND NOW, thise;-z" day of ? .2005 I, Kent H. Patterson, hereby certify that I this day served the within petition to set aside sheriffs sale by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: Bruce C. Bankenstein, Esquire Manifold & Bankenstein 41 North Duke Street York, PA 17401 Kent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 N C) ?..? ?._ t.-? C_ t?? ?.i rJ -C7 ?. ? ?, r. c" ? r:? U? l.) T _r 1'1lT __7 f'TS 'f?t?? (_) t -T- "i 1 f )1sl ? :? 1 ?? _? r?' .;.? .? J/ JAN VILLAGE FINANCE CO., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .r. No. 04-3447 Civil CHERYL E. WERNER, Defendant ORDER OF COURT AND NOW this 3"'? day of ":A? , 2005, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon plaintiff to show cause why the defendant is not entitled to the relief requested; (2) plaintiff shall file an answer to the petition within 20 days of 4Ui.s-4&t-W, (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) an evidentiary hearing on disputed issues of material ay v v 7 fact shall be held on 2005 in Courtroom No. C L 3 of the Cumberland County Courthouse, Carlisle, PA 17013; (5) all proceedings shall be stayed pending hearing or further order of court and plaintiff shall hold and not dispose of any of the personal property taken from. defendant's residence as result of the sheriff's sale; and v ,?.. -?. ?. r., .1, _.. ?. 1 i ?:^ .. ?.: ? ?_ ?.] ?L, (6) notice of the entry of this order shall be provided to all parties by the defendant. 4 Apuz) 7 4 mi) 02-03 U5 - 2 - SY THE COURT: VILLAGE FINANCE CO., Plaintiff V. CHERYL E. HOERNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3447 Civil PETITION TO SET ASIDE SHERIFF'S SALE AND NOW comes defendant, Cheryl E. Hoerner, by her attorney, Kent H. Patterson, and files this petition to set aside sheriff's sale as follows: 1. Petitioner is Cheryl E. Hoerner who is the defendant and who resides at 10 West Circle, Hampden Township, Cumberland County, Pennsylvania (Camp Hill, PA 17011). 2. Respondent is village Finance Co. which is plaintiff and which has a business address at P.O. Box 3546, 1771 E. Market Street, York, PA 17402. 3. On July 16, 2004, plaintiff entered judgment in the amount of $2,348.80 based on a transcript of a judgment from York County. 4. On or about August 19, 2004, plaintiff filed a writ of execution and the sheriff subsequently levied on personal property of defendant located at defendant's residence at 10 West Circle, Hampden Township, Cumberland County, Pennsylvania, on or about October 20, 2004. 5. On January 19, 2005 at approximately 11:00 a.m., the Sheriff of Cumberland County conducted a .sheriff's sale at defendant's residence at 10 West Circle, Hampden Township, and plaintiff removed numerous items of personal property from defendant's residence. 6. Defendant did not receive any notice of the sheriff's sale as required by Rule 3126 of the Pennsylvania Rules of Civil Procedure. 7. The sheriff's office has advised counsel that its records indicate that sheriff's deputies posted defendant's property with notice of the sale on December 27, 2004 at approximately 7:02 p.m. 8. Defendant was not at her residence at 7:02 p.m. on December 27, 2004 but returned home at approximately 9:30 p.m. on that evening and did not see on that evening or at any time thereafter any notices or handbills of any kind concerning a sheriff's sale on the property. 9. The sheriff allowed plaintiff to remove items from defendant's residence, the values of which plaintiff believes exceeds the amount owing to plaintiff. 10. The sheriff's sale should be set aside for the following reasons: - 2 - a. failure to post handbills on the property six days prior to the sale as required by Pa. R.C.P.3128; b. failure to adequately post handbills in places where they could be seen and in a manner in which they would remain for a reasonable period of time; or c. removal of defendant's personal property by plaintiff which has a value in excess of amount owing by defendant or, in the alternative, sale of defendant's personal property for an inadequate price. WHEREFORE, defendant requests your honorable court to set aside the sheriff's sale and to order plaintiff to return all items of personal property taken from defendant's residence. Kent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 - 3 - VERIFICATION I, Cheryl E. Hoerner, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Che; 1 E. Hoerner Date: C???A? ? VILLAGE FINANCE CO., Plaintiff V. CHERYL E. HOERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3447 CIVIL CERTIFICATE OF SERVICE AND NOW, this o az day of 2005 I, Kent H. Patterson, hereby certify that I this day served the within petition to set aside sheriffs sale by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: Bruce C. Bankenstein, Esquire Manifold & Bankenstein 41 North Duke Street York, PA 17401 Kent H. Patterson Attorney for defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 r? i) c._ -r. -r p;?M ? ??_,i cs? ,t`? .K, ?} .. r,r u' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VILLAGE FINANCE COMPANY, INC. No. 04-3447 Civil Term Vs. Civil Action CHERYL E. HOERNER In Law ANSWER TO PETITION TO SET ASIDE SHERIFF'S SALE NOW comes the Plaintiff by its attorney, Bruce C. Bankenstein, and files this Answer to Petition with New Matter, whereof the following is a statement: ANSWER 1. Admitted that Defendant's residence is located at 10 West Circle, Camp Hill, PA 17011, in Cumberland County. 2. Respondent is Village Finance Company, Inc. 3. Admitted that judgment has been duly entered herein against Defendant. 4. Admitted as stated and that Defendant admitted the Sheriff's Corporal and Deputy to her house and was present while they made levy on her goods and served her with the Writ of Execution. 5. Admitted that Sheriff's Sale was properly held on duly levied 1 personal property pursuant to the duly issued Writ of Execution, and that Plaintiff lawfully took possession of the goods properly purchased at said Sheriff's Sale. 6. Denied. Defendant was present at the time that levy was made upon her personal property two months prior to the Sheriff's sale and was at that time served with the Writ of Execution. A Deputy of the Cumberland County Sheriff's office properly posted the correct notice of sale of personal property at Defendant's residence which was the place of levy and the place of sale. Said posting occurred on December 27, 2004, being twenty-three days prior to the Sheriff's Sale. The Sheriff's clerk personally spoke with Defendant the day before the sale to remind her of the sale. Defendant had adequate opportunity to properly deal with the judgment and avoid the execution and Sheriff's Sale herein, but failed and refused to do so. As a result of the foregoing, the pursuance of this Petition violates Pa.R.C.P. No. 1023.1 for which sanctions may be imposed. 7. Plaintiff does not know what Defendant's attorney may have heard from any particular source regarding this matter. However, it is admitted that the duly established docket of the Sheriff's office confirms that the correct notice of sale of personal property was properly and timely posted at Defendant's residence. 2 By Defendant's admission that the court records show that the correct property was timely posted with the notice of Sheriff's Sale, the frivolous nature of this Petition, and the pursuance thereof, is evident. 8. Denied. The notice of this Sheriff's Sale was timely posted at Defendant's residence, which was the place of sale and of levy. Defendant does not need to be present at the time of posting. The Sheriff's Office and Plaintiff are not responsible for the Defendant not seeing the properly posted notice of the Sheriff's Sale. There is no requirement in the law that Defendant see the notice of Sheriff's sale. The requirement is that it be properly posted as was done here. 9. Denied. Plaintiff lawfully purchased personal properly at the Sheriff's Sale held herein thereby becoming the owner thereof, and had every right to take possession of the same. Plaintiff has been prevented by Defendant's actions herein from selling said goods but believes that the value of the same does not exceed all amounts outstanding. The filing of this Petition to Set Aside Sheriff's Sale is frivolous, and has caused and will continue to cause Plaintiff to incur substantial fees, public sale cancellation costs, storage costs and other expenses, increasing the amounts owed by Defendant. 3 10. Denied. The Petition to Set Aside Sheriff's Sale filed herein is frivolous, and has no basis whatsoever. Further denied for the following reasons: A. Proper notice of sale of personal property was posted twenty-three days prior to the Sheriff's sale, All in accordance with Pa.R.C.P. No. 3128. B. Notice was duly posted according to said Rule, as aforesaid, and the Sheriff of Cumberland County and the Plaintiff, have no duty to do more than the proper posting as was performed herein. C. Plaintiff lawfully purchased goods at the Sheriff's Sale properly held herein, becoming the owner thereof, and having every right to take possession thereof for its sole purposes. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to dismiss Defendant's Petition to Set Aside Sheriff's Sale, and to tax as costs herein all fees, costs and expenses incurred by Plaintiff as a result thereof. Respectfully submitted, Bruce C. Bankenstein Attorney for Plaintiff Supreme Court I.D. No. 27025 42 North Duke Street York, PA 17401 (717) 843-0961 4 The undersigned hereby verifies that the statements made in the foregoing pleading are true and correct to the best of the personal knowledge or information and belief of the undersigned. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification. VILLAGE FINANCE COMPANY, INC. Date: February 2005 By: Stevc=_n W. Haas, President IN THE COURT OF COMMON PLEAS OF VILLAGE FINANCE COMPANY, INC. Vs. CHERYL E. HOERNER COUNTY, PENNSYLVANIA No. 04-3447 Civil Term Civil Action In Law CERTIFICATION OF SERVICE I, the undersigned Attorney for the designated party in the above-captioned action, do hereby certify that on this day, a true and correct copy of the foregoing Answer to Petition in the above- captioned matter was served by first class mail, postage prepaid thereon, upon the following persons at the following addresses: Kent H. Patterson, Esquire Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 Date: February H_, 2005 n ? r Bruce C. Bankenstein Attorney for Plaintiff 42 North Duke Street York, PA 17401 (717) 843-0961. VILLAGE FINANCE COMPANY, Plaintiff vs. CHERYL E. HOERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3447 CIVIL IN RE: PETITION TO SET ASIDE SHERIFF'S SALE ORDER AND NOW, this ?6 v day of March, 2005, at the request of counsel for the plaintiff, hearing in the above captioned matter set for March 23, 2005, is continued to Wednesday, April 20, 2005, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Xruce C. Bankenstein, Esquire For the Plaintiff ent H. Patterson, Esquire For the Defendant Am G3- J `? -05 VILLAGE FINANCE COMPANY, Plaintiff vs. CHERYL E. HOERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3447 CIVIL IN RE: PETITION TO SET ASIDE SHERIFF'S SALE ORDER AND NOW, this ZO' day of April, 2005, after hearing and careful consideration of the testimony adduced, the petition of the defendant to set aside sheriff's sale is DENIED. BY THE COURT, i A. Hess, J. XUce C. Bankenstein, Esquire For the Plaintiff xent H. Patterson, Esquire For the Defendant :rlm C ? ? n ?l? _ ?L y i hi. r'1? ,'t i t R. Thomas Kline, Sheriff,. who being duly sworn according to law, states that a Sheriff s Sale of personal property was held on Wednesday January 19, 2005 at which time the personal property of Cheryl Hoemer, was sold to Village Finace Company, of 1771 East Market Street, York, PA 17402, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Wednesday January 19, 2005 at, 11:00 A.M.E.D.S.T., at, 10 West Circle, Camp Hill, Pennsylvania, 170711. This Writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 46.98 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 31.08 Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 147.56 Sworn and Subscribed to before me This 9` 2005 A.D. Pd by Defendant So Anse R. Thomas Kline, Sheriff By w - if X34,. r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3447 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VILLAGE FINANCE COMPANY, INC., Plaintiff (s) From CHERYL E. HOERNER, 10 WEST CIRCLE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL HOUSEHOLD GOODS AND FURNISHINGS, FURNITURE, AND ALL OTHER PERSONAL PROPERTY OF DEFENDANT(S), WHETHER OWNED JOINTLY OR INDIVIDUALLY, LOCATED AT THE RESIDENCE OF DEFENDANT(S), 10 WEST CIRCLE, CAMP HILL, PA 17011 (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $2,348.80 L.L. $.50 Interest Atty's Comm $117.44% Due Prothy $1.00 Arty Paid $36.75 Other Costs DISTRICT JUSTICE COSTS $84.00 Plaintiff Paid Date: AUGUST 19, 2004 CURTIS R. LONG Prothonot (Seal) `8v G?} P C/ '/?/I/1 DepuTy REQUESTING PARTY: Name BRUCE C. BANKENSTEIN, ESQUIRE Address: MANIFOLD & BANKENSTEIN 41 NORTH DUKE STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-0961 Supreme Court ID No. 27025 i SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2004-3447 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON WEDNESDAY THE 19TH DAY OF JANUARY 2005 AT 11:00 A.M., THE PROPERTY OF CHERYL E. HOERNER, AT, 10 WEST CIRCLE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: DODGE GRAND CARAVAN REG. NO. CEH-3 VIN. NO. 2B4GP54L32R781002 SOFAS (2) LOVE SEATS (2) MISC. CHAIRS COFFEE TABLE END TABLE MISC. LAMPS MISC. FURNITURE MISC. PICTURES TELEVISIONS (3) VCR STEREO GRANDFATHER CLOCK ANSWERING MACHINE WOODEN BOOK CASE MANTLE CLOCK DOG KENNELS (2) WOODEN ENTERTAINMENT CENTER DINETTE TABLE W/CHAIRS BUFFET CHINAWARE CORNER CABINETS (2) MISC. LAWN FURNITURE ELECTRIC GRILL POWER WASHER SNOWBLOWER (TORO) DINNING ROOM TABLE W/CHAIRS MICROWAVE UTENSILS POTS/PANS IRON IRONING BOARD REFRIGERATOR ELECTRIC STOVE WASHER DRYER FREEZER MIXER BLENDER FOOD PROCESSOR TOASTER TELEPHONES QUEEN BED DOUBLE BED DRESSERS (2) BUREAUS (2) NIGHT STANDS (2) CLOCK RADIOS (2) WINDOW MOUNT AIR CONDITIONER WOODEN BOOK SHELF (5 SHELVES) TORO PUSH MOWER GARDEN TOOLS TOOLS ALUMINUM STEP LADDER (4FT) KITCHEN CHAIRS (2) DEHUMIDIFIER DOLL HOUSE FOLDING TABLE CEDAR CHESTS (2) EDGER ALUMINUM STEP LADDER (6 FT) WOODEN STEP LADDER (8 FT) 7 DRAWER PLASTIC BINS (2) BISSEL CARPET MACHINE MISC. DOLL COLLECTION WOODEN DISPLAY CASES (2) (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION'WILL BE FILED IN HIS OFFICE ON THE 24TH DAY OF JANUARY 2005 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF CHERYL E. HOERNER, AT, 10 WEST CIRCLE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED ?z LT 6 !'/ CUMBERL D OUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff,.who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Wednesday January 19, 2005 at which time the personal property of Cheryl Hoemer, was sold to Village Finace Company, of 1771 East Market Street, York, PA 17402, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Wednesday January 19, 2005 at, 11:00 A.M.E.D.S.T., at, 10 West Circle, Camp Hill, Pennsylvania, 170711. This Writ is returned STAYED. Sworn and Subscribed to before me this da of NOTARIAL SEA( aUBI K v[,AiJ A ?fl^tiV,BAK'tfl NO xnnc o n arli'-r%V3 zzy So Answer R. Thomas Kline, Sheriff / By - „ ct-k 06/28/2007 09:08 F 06/27/2007 19: 54 7177311799, KEYSTON : Village Finance Company Vs. Cheryl E. Hoerner In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on July 16, 2004 for $2,348.80 No. CV-04-3447 Civil Term Entered- July 16, 2004 P10 l UPS c rter ne-y -?b Sa --,k S - Q003/004 PAGE 02 Village Finance Company, Plaintiff in the above judgment does appear and acknowlalge that he this day have had and received from Cheryl E. Hoemer, the defendant hi the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And finther, be does hereby authorize and empower the Prothonotary of Cumberland County to appear for him and in his name and stead to enter full satisfaction upon the record of said Judgment, as Hilly and effectually, to all intents and purposes, as he could we he personally present to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, I have hereunto set my hand and seal this a V nj day of ju , zoo7. Vi age Finance Company 06/28/2007 09:09 FAX 06/,27/2007 19:54 7177311799 KEYSTON : 1004/004 PAGE 03 State of PA. County of Cumberland Personally appeared before me, the subscriber, the Plaintiff in the above judment and in due form of law acknowledged the within aad foregoing Power of Attorney to satisfy the Judgment set form, to be his act and deed, and desired that the same shall be filed of record in the Office of the Prothonotary of the Court of Common Pleas of Said County, In Testimony Whereof, I have hereunto sett my hand and seal this of `Tdyjl , 200% 1 C':} ? O ? ? -r? ??? -n m ?T..; ,? ? ni %?' i -rt r t? °_ ? , , ?? t.: ?; ?- . ? ?-? ?? ?. ?, fi? ?' w t a