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Home My WebLink About12-2601t PRAECIPE FOR WRIT OF REVIVAL The Commonwealth of Pennsylvania COUNTY OF CUMBERLAND DISCOVER BANK COURT OF COMMON PLEAS Plaintiff(s) ? a _ a le.o ? C Term, 20 VS. TIMOTHY SHEAFFER SUSAN SHEAFFER TO THE PROTHONOTARY r.ry Issue writ of revival of judgment in the above-entitled cause and index it in the judgment index against: Timothy Sheaffer Susan Sheaffer 144 McAllister Church Road Carlisle, PA 17013 and against: Defendant(s) .,.J, •,..us lyw3 Terre Tenant(s) PRAECIPE FOR WRIT OF REVIVAL OF JUDGMENT Yc C ?.. Defendant(s) Terre Tenant(s) in the amount of $5,995.09 with interest from January 14, 2005 Cccv?? SS. SO 19 , a5 C.?F Q 5?.? s Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 No. 05-313 Civil Term o n tff(s) Edward Stock 413657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 s2. 15 but (0 ?k? aT)701 IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Vs. TIMOTHY SHEAFFER SUSAN SHEAFFER 144 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 CIVIL ACTION LAW No 12-2601 CIVIL TERM WRIT OF REVIVAL TO: TIMOTHY SHEAFFER, SUSAN SHEAFFER You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of the judgment entered to No. 05-313 Civil Term The Plaintiff claims that the amount due and unpaid is $5,995.09 with interest from JANUARY 14, 2005. You are required within twenty (20) days after service of this Writ to file an answer or otherwise, plead to this Writ. If you fail to do so, Judgment of revival will be entered. Costs $ 52.75 PD ATTY $ 2.25 DUE CO _l JQ/ o1n'.L . David D. Buell, Prothonotary Date APRIL 27, 2012 Deputy (Seal) EDWARD STOCK, ESQUIRE - ID#13657 Attorney for the Plaintiff 804 WEST AVENUE JENKINTOWN, PA 19046 215-576-1900 Re: WRIT OF REVIVAL DISCOVER BANK Vs. TIMOTHY SHEAFFFER 144 MCALLISTER CHURCH RD CARLISLE, PA 17015 To Whom it may Concern: Civil Term No 12-2601 r F PRO1 WOIN( A:'}' May 21, 2012 2412 MAY 21 AM 8: 1 CUMBERLANO COUNT'' PENNSYLVANIA Jq /--? S we /. 7-0 t,/t(7- o F Ac-:. Ili v,4- I am filing this response to contend that the plaintiff's WRIT OF REVIVAL should be denied in consideration of: Conceding that my payments have been highly sporadic since the judgment of Docket No CV-118-03, filed July 8, 2003, 1 have continued to make payments, even if at irregular intervals. Being a self employed remodeling contractor and a disaster relief worker, my income is sporadic and thus my payment history has reflected this. While irregular, my payment amounts have fairly well kept up with the $50.00 monthly sum specified by judgment Docket No CV-118-03. Viewing the past 28 months (which I believe are indicative of the history of this matter), according to this judgment I should have made payments equaling $1400.00. In actuality the sum of the payments I have made in this time period is $1350.00, the latest payment having been May 5th, 2012 and I expect to be able to make an additional payment within the next 30 days. I realize that this is not a track record to be proud of, yet I do not believe it can be said that I have not made a good faith effort to catch up when I get in arrears. Date Check No Amount 04-13-2010 1157 $150.00 Uncertain 1161 $100.00 12-17-2010 1165 $100.00 02-18-2011 1167 $100.00 05-07-2011 1173 $200.00 07-25-2011 1186 $200.00 10-31-2011 1258 $200.00 12-02-2011 1263 $100.00 05-02-2012 1192 $200.00 Page 1 of 2 Further, though I am uncertain as to the exact application, it is my understanding that there is a statute of limitation on filing a WRIT OF REVIVAL, and it has been nearly nine (9) years since the original filing of Docket No. CV-118-03. " Section 5526(1) of the Judicial Code, 42 Pa.C.S. § 5526(1), requires that an action for revival of a judgment lien on real property must be commenced within five years. See also Section 605 of the Goods and Services Installment Sales Act, 69 P. S. § 1605(b), requiring that a proceeding for revival of a judgment lien subject to the Act and entered by confession be commenced within one year from the lapse of the lien" Thank you for your consideration of this matter, Timothy C. Sheaffer Page 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Vs. TIMOTHY SHEAFFER SUSAN SHEAFFER 144 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 CIVIL ACTION LAW No 12-2601 CIVIL TERM WRIT OF REVIVAL TO: TIMOTHY SHEAFFER, SUSAN SHEAFFER You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of the judgment entered to No. 05-313 Civil Term The Plaintiff claims that the amount due and unpaid is $5,995.09 with interest from JANUARY 14, 2005. You are required within twenty (20) days after service of this Writ to file an answer or otherwise, plead to this Writ. If you fail to do so, Judgment of revival will be entered. Costs $ 52.75 PD ATTY $ 2.25 DUE CO David D. Buell, Prothonotary Date APRIL 27, 2012 (Seal) Deputy EDWARD STOCK, ESQUIRE - ID413657 TRUE POPY:fROM RECORD Attorney for the Plaintiff in Testimany1 _eof, I here unta-set my hand 804 WEST AVENUE and theg.eatofsaid Con otCarlisle, Pa. JENKINTOWN, PA 19046 This dayof"' 20119 `oProt onota 215-576-1900 -Y---?vwl4e co, 1FF. 949 012;? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L ICEr-F'rEzi,ERIFF 1= 1L;ED OFFICE r? E THE PROTHoNOTARY 2912 MAY 22 AM g: 09 U PENN YLVANIA T Discover Bank Case Number vs• 2012-2601 Timothy Shaeffer (et al.) SHERIFF'S RETURN OF SERVICE 05/03/2012 07:51 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May 3, 2012 at 1951 hours, he served a true copy of the within Writ of Revival, upon the within narned defendant, to wit: Timothy Shaeffer, by making known unto himself personalty, at 144 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the a time handing to him personally the said true and correct copy of the same. SHALL, DEPUTY 05/17/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susan Shaeffer, but was unable to lode her in his bailiwick. He therofore returns the within Writ of Revival as not found as to the defendant Susan Shaeffer. Request for service at 144 McAllister Church Road, Carlisle, Pennsylvania 17013 the Defendant was not found, Deputies were advised Susan Shaaffer moved to Somerset, Pennsylvania. However, The Carlisle Postmaster is still delivering Susan Sheaffer's mail to this residence. SHERIFF COST: $55.00 May 18, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY (c) CountySuite Sheriff, Teleosoft, Inc. SO ANSWERS, i6z a! ..? RON R ANDERSON, SHERIFF