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HomeMy WebLinkAbout12-3669IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO ENTER JUDGMENT LANCE BURRIS, ) File No. /a -3f ?tV`rI?Ct1K Plaintiff, ) = ; zM . KRISTEN HARPSTER, ) c`.rs :w. Z Defendant. --- ' -? - ? c ; .si.: TO THE PROTHONOTARY OF THE SAID COURT: Please enter judgment against the below defendant based on the judgment that was entered against defendant in the Justice of the Peace Court No. 13, New Castle County, Delaware on April 25, 2012. Kristen Harpster 4199 Kittatinny Drive Mechanicsburg, PA 17050. O'KELLY ERNST BIELLI & WALL N, LLC Ryan . Ernst (I.D. No. 202191) The Brandywine Building 1000 N. West Street, Suite 1200 Wilmington, Delaware 19801 (302) 295-4905 (302) 295-2873 (Facsimile) rernst@oebwlegal.com Attorney for Plaintiff j`'Lance Burris Dated: June 7, 2012 $53.50 Pb A`MV ??Ce ?ula? Ie?cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LANCE BURRIS, Plaintiff, V. KRISTEN HARPSTER, Defendant. File No. AFFIDAVIT OF FOREIGN JUDGMENT STATE OF DELAWARE COUNTY OF NEW CASTLE ss. Ryan M. Ernst, being duly sworn., says that on the 25`" day of April, 2012, Plaintiff Lance Burris obtained a money judgment in the amount of $11,350.00 with post judgment interest accruing at 5.75% per annum from that date until paid. This judgment was obtained in the Justice of the Peace Court No. 13, New Castle County, Delaware. This judgment remains valid, enforceable, and unsatisfied. He further says that the full name and last known address of the Defendant / Judgment Debtor is: KRISTEN HARPSTER 4199 Kittatinny Drive Mechanicsburg, PA 17050 He further says that the full name and address of the Plaintiff/ Judgment Creditor is: Lance Burris 304 Green Street Bear, DE 19701 _ By Ryan Ni. ,rnst O'KELLY ERNST Bwlt.L:E & WALL,EN, LLC 1000 N. West St., Suite 1200 Wilmington, Delaware 19801 (302) 295-4905 rernst@oebwlegal.com Sworn and subscribed in my presence by Rya Ernst, his day of y", , 2012. JOHN D. WALLEN No Public ATTORNEY AT LAW commission expires: Notary Public State of Delaware My Commission Has No Expiration 29 Del. C" § 4323(a)(3) IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY COURT NO. 13 COURT ADDRESS: 1010 CONCORD AVE WILMINGTON DE 19802 CIVIL ACTION NO: LANCE BURRIS VS KRISTEN HARPSTER CERTIFICATION OF JUDGMENT UNDER ACT OF JP13-11-006477 I HEREBY CERTIFY that the attached is a true and exact copy of Court in this case. In witness whereof I hereto set my hand and affix the seal Courts, State of Delaware. 2 P, - ?-// / h Dat STATE OF DELAWARE ss. COUNTY OF NEW CASTLE I HEREBY CERTIFY that the foregoing attestation of NA7.IRA MALIK Clerk of the Justice of the Peace Court No. COURT NO. proper officer. Z'- - "'0 11 (1 ate STATE OF DELAWARE COUNTY OF NEW CASTLE . ss. I HEREBY CERTIFY that the Honorable KATHARINE B ROSS ow or :.? who has certified and signed the above attestation, was at the time of so doing a Judge of the Justice of the Peace Court, State of Delaware, duly commissioned and qualified, and that as to all acts done by him in that capacity, full faith and credit are due and ought to be given, and that his si 1 is genuine. ?E f9"`ii??iy y>O Q?C C+? ?i,•, r? IN WITNESS WHEREOF, I hereunto subscribe my name and affix the •%ro Peace Court, State of Delaware. y 7e0 D to Cler 006 Fonn: 6CF25B Revised: 06/15/2 IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE, IN AND FOR NEW CASTLE COUNTY COURT NO. 13 COURT ADDRESS: CIVIL ACTION NO: JP13-11-006477 1010 CONCORD AVE WILMINGTON DE 19802 LANCE BURRIS, PLAINTIFF VS KRISTEN HARPSTER, DEFENDANT Plaintiff Parties: ATTORNEY FOR PLAINTIFF SYSTEM ID: 004788 RYAN M ERNST O'KELLY ERNST BIELLI & WALLEN, 1000 N. WEST STREET, STE. 1200 WILMINGTON, DE 19801 PLAINTIFF SYSTEM ID: @2382874 LANCE BURRIS 304 GREEN STREET BEAR, DE 19701 Defendant Parties: DEFENDANT SYSTEM ID: @2382875 KRISTEN HARPSTER 304 GREEN STREET BEAR, DE 19701 DEFENDANT SYSTEM ID: @2382875 KRISTEN HARPSTER 4197 KITTATINNY AVENUE MECHANICSBURG, PA 17050 Other Case Parties: Form: 6CF25B Revised: 06/15/2006 UUk;KL I KLIJUK I AS OF 05/11/2012 8:29 am Case Number: JP13-11-006477 LANCE BURRIS VS KRISTEN HARPSTER Court Location: JP COURT 13 WILMINGTON Case Type: JP DEBT ACTION Claim Value: $ 11,350.00 Case Caption: LANCE BURRIS, PLAINTIFF VS KRISTEN HARPSTER, DEFENDANT Docket Information Docket Date & Time Docket Code $ Description/Text User ID & Date 05/17/201113:09:51 61DBT DEBT JPFORSER 0511712011 05/17/201113:09:51 6SF3 CLAIM AMOUNT OVER $5000 JPFORBER W1712011 05/20/201109:26:28 6SICT SERVICE ISSUED CERTIFIED MAIL JPBROJOS 05120/2011 05/20/201109:26:52 6NISM NOTICE ISSUED SUMMONS JPBROJOS 0512012011 Docket entry for the letter produced from CCADREQ on 20-MAY-2011 by JPBROJOS. 06/02/201113:28:35 6SR3S POSITIVE RETURN CIVIL FORM 3 JPELLANN 0610712011 07/05/201113:26:48 6NI13 NOTICE ISSUED DEFAULT AFFID JPBAXNAN 07/0&1011 Docket entry for the letter produced from CDADOCT on 05-JUL-2011 by JPBAXNAN. 07/21/201113:07:37 6UP13 CASE UPDATE CSF13 FILED JPKNAJEA 07/21/2011 09/19/201111:55:41 6UPJR CASE UPDATE JUDICIAL REVIEW JPBLAALE 0911912011 FORM 13 REVIEW 10/22/201111:26:34 6UPJA CASE UPDATE JUDICIAL ANSWER JPBLAALE 11/08/2011 CF13 DENIED --TOTAL AMOUNT EXCEEDS AMOUNT ON CIVIL FORM __._ ._,..___ _. ..__..... . _. _..__ ................. 01/131201213:12:22 6UPEA CASE UPDATE ENTER APPEARANCE JPBROJOS 01/1312012 ENTRY OF APPEARANCE OF RYAN M. ERNST REPRESENTING PLAINTIFF LANCE BURRIS _ _...._ w. ..._. _ .._ ..... _........ _..... _ .............. 01/20/201213.49:35 6UP13 CASE UPDATE CSF13 FILED JPWALKAT 01/22/2012 AMENDED STATEMENT OF PLAINTIFF IN SUPPORT OF DEFAULT JUDGMENT 02/27/201211:07:30 6UPJR 03/09/201212:59:11 6UPJA SCHEDULE TRIAL CASE UPDATE JUDICIAL REVIEW CASE UPDATE JUDICIAL ANSWER JPHIRLOR 02/2712012 JPRASNOR 0310912012 03/14/201209:38:39 6ESTR JP EVENT SCH TRIAL JPRASNOR 03114/2012 ALL APPROPRIATE PARTIES NOTIFIEDEvent: JP TRIAL; Courtroom: JP COURT 13 BIG COURTROOM; Location: JP JUSTICE OF THE PEACE COURT K3 JP COURT 13 WILMINGTON; Date: 25-APR-2012; Time: 08:30; Duration: 1 Hr 0 Min; Judge: SCHEDULED WITH MR ERNST 05/11/2012 8:29:41 AM Page 1 of 4 UUI:Kt I KtF'UK I AS OF 05/11/2012 8:29 am Case Number: JP13-11-006477 LANCE BURRIS VS KRISTEN HARPSTER Court Location: JP COURT 13 WILMINGTON Case Type: JP DEBT ACTION Claim Value: $ 11,350.00 Case Caption: LANCE BURRIS, PLAINTIFF VS KRISTEN HARP51 tK, Uti-tNUMN i 03/14/201209:38:40 6NI NOTICE ISSUED ALL APPROPRIATE PARTIES NOTIFIED JPRASNOR 03/14/2012 03/16/201209:26:11 6NI NOTICE ISSUED JPRASNOR 03/162012 AMENDED NOTICES MAILED TO ALL PARTIES AS ORIGINAL NOTICE HAS INCORRECT DATE. 04/25/201208:30:00 6EOHL HEARING HELD JPBROJOS 041262012 04/26/201210:26:44 6JDF JUDGMENT DEFAULT JPBROJOS 041262012 JUDGMENT BY DEFAULT 04/26/201210:33:52 6NIJM NOTICE ISSUED JDGMT/APPEAL 14A Docket entry for the letter produced from CDADOCT on 26-APR-2012 by JPBROJOS. 05/07/201215:17:43 6NFCC NOTICE FILED CERT COPY JUDGM REQUESTED BY: RYAN M ERNST REQUESTED DATE: 07-MAY-2012 FEE PAID: $10 05/10/201214:49:08 6NITS NOTICE ISSUED TRIPLE SEAL Docket entry for the letter produced from CDADOCT on 10-MAY-2012 by JPMALNAZ. JPBROJOS 041262012 JPBLUJES 0510812012 JPMALNAZ 05/10/2012 05/11/2012 8:29:41 AM Page 2 of 4 UUt:Kt 1 KtF'UK I AS OF 05/11/2012 8:29 am Case Number: JP13-11-006477 LANCE BURRIS VS KRISTEN HARPSTER Court Location: JP COURT 13 WILMINGTON Case Type: JP DEBT ACTION Claim Value: $ 11,350.00 Case Caption: LANCE BURRIS, PLAINTIFF VS KRISTEN HARPSTER, DEFENDANT Party Information Party Type Party ID PLTF @2382874 DEFT @2382875 JUDG 100946 ATP 004788 JUDG 100471 JUDG 100913 Party Name BURRIS, LANCE HARPSTER, KRISTEN HANBY, JAMES R. ERNST, RYAN M LUCAS, KATHLEEN C ROBERTS, NANCY C Lanausas Wart Date 05/17/2011 05/17/2011 09/19/2011 01/13/2012 03/09/2012 04/26/2012 End Date Scheduling Information Code Description 6TRL JP TRIAL 04/25/2012 08:30:00 Outcome HEARING HELD Service Information Pr used Sinned Person Name Document Code & Description Date Date KRISTEN HARPSTER 6CF3 SUMMONS - NONSCHED EVENT 05/20/2011 05/20/2011 Served (Y/N): Y Date Served/Attempted: 06/02/2011 How? CT Bw. Reason Not Served: Schedule Date and Time 05/11/2012 8:29:41 AM Page 3 of 4 UUL;Kt I KtF'UK I AS OF 05/11/2012 8:29 am Case Number: JP13-11-006477 LANCE BURRIS VS KRISTEN HARPSTER Court Location: JP COURT 13 WILMINGTON Case Type: JP DEBT ACTION Claim Value: $ 11,350.00 Case Caption: LANCE BURRIS, PLAINTIFF VS KRISTEN HARPS I tK, UtrtNUMN I Judgment Information Docket Entry: 6JDF JUDGMENT DEFAULT DateITime: 4/26/2012 12:00:OOAM Total Judgment Amount: $ 11,390.00 Status: JUDGMENT Text: JUDGMENT BY DEFAULT AGAINST KRISTEN HARPSTER Judgment Against KRISTEN HARPSTER JUDGMENT AMOUNT COURT COSTS 5.75% POST JUDG INT PER ANNUM Total Assessed Amount: $11,350.00 $40.00 $11,390.00 05/11/2012 8:29:41AM Page 4 of 4 IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE, IN AND FOR NEW CASTLE COUNTY COURT NO. 13 COURT ADDRESS: CIVIL ACTION NO: JP13-11-006477 1010 CONCORD AVE WILMINGTON DE 19802 LANCE BURRIS, PLAINTIFF VS KRISTEN HARPSTER, DEFENDANT Plaintiff Parties: ATTORNEY FOR PLAINTIFF SYSTEM ID: 004788 RYAN M ERNST O'KELLY ERNST BIELLI & WALLEN, 1000 N. WEST STREET, STE. 1200 WILMINGTON, DE 19801 PLAINTIFF SYSTEM ID: @2382874 LANCE BURRIS 304 GREEN STREET BEAR, DE 19701 Defendant Parties: DEFENDANT SYSTEM ID: @2382875 KRISTEN HARPSTER 304 GREEN STREET BEAR, DE 19701 DEFENDANT SYSTEM ID: @2382875 KRISTEN HARPSTER 4197 KITTATINNY AVENUE MECHANICSBURG, PA 17050 Other Case Parties: Form: 6CF25B Revised: 06/15/21006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NOTICE OF ENTRY OF JUDGMENT LANCE BURRIS, ) File No. Plaintiff, ) V. ) KRISTEN HARPSTER, ) Defendant. ) TO KRISTEN HARPSTER, DEFENDANT: You are hereby notified that on April 25, 2012, a judgment was entered against you in the Justice of the Peace Court No. 13, New Castle County, Delaware. On is ll a , said judgment was transferred and entered against you in the DATE: I hereby certify that he name and address of the proper person to receive this notice is: Kristen Harpster 4199 Kittantinny Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL DIVISION "' PRAECIPE TO AMEND ADDRESS LANCE BURRIS, Plaintiff, V. KRISTEN HARPSTER, Defendant. TO THE PROTHONOTARY OF SAID COURT: U"01FtC 'OROTI )TAR I HIE, 2012 JUL -2 PM 2? 22 CUj%YLVl?N?f jY File No. 12-368 Civil Term Judgment was entered against the Defendant, Kristen Harpster, in this court on June 11, 2012. The Defendant's address had been listed as 4199 Kittatinny Drive, Mechanicsburg, PA 17050. That address was incorrect and service was returned to us on June 27, 2012. Service was then promptly mailed to Defendant's correct address at 4197 Kittatinny Drive, Mechanicsburg, PA 17050. Please update the address on the docket. O'KELLY ERNST BIELLI & WALLEN, LLC Ryan M. Ernst (I.D. No. 202191) The Brandywine Building 1000 N. West Street, Suite 1200 Wilmington, Delaware 19801 (302) 295-4905 (302) 295-2873 (Facsimile) remst ,oebwle a? l.com Attorney for Plaintiff Lance Burris Dated: June 27, 2012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-3669 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LANCE BURRIS Plaintiff (s) From KRISTEN HARPSTER - 4197 KITTATINNY DRIVE MECHANICSBURG, PA 17050 (])You are directed to levy upon the property of the defendant (s)and to sell 1995 C5 CHEVROLET CORVETTE- VIN #1G1YY22G8XS124475. ALL PERSONAL PROPERTY LOCATED AT 4197 KITTATINNY DRIVE, MECHANICSBURG, PA 17050, INCLUDING BUT NOT LIMITED TO: TELEVISIONS, FURNITURE, ELECTRONICS, JEWELRY, AND CLOTHING. (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 $11,350.00 Interest 5.75% Atty's Comm %$2,986.45 Atty Paid $104.50 Plaintiff Paid Date: 8/10/12 (Seal) L.L. S.50 Due Prothy $2.25 Other Costs 7?04 k..t-?J - David D. Bue , Prothonotary Deputy REQUESTING PARTY: Name: RYAN M. ERNST, ESQUIRE Address: 901 N. MARKET ST., SUITE 1000 WILMINGTON, DE 19801 Attorney for: PLAINTIFF Telephone: 302-778-4000 Supreme Court ID No. 202191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LANCE BURRIS vs. Plaintiff KRISTEN HARPSTER Address: 4197 Kittatinny Drive Mechanicsburg, PA 17050 Defendant Confessed Judgment E Other File No. Docket No. 12-3669 _ $11 350.00 , AmountDue Interest 5,75% T r 986.45 $2 ' cn 1= , Atty s Comm _? Costs $28.50 c-- 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) 1995 C5 Chevrolet Corvette - VIN #1G1YY22G8XS124475 All Personal Property located at 4197 Kittatinny Drive, Mechanicsburg, PA 17050, including but not limited to: televisions, furniture, electronics, jewelry, and clothing. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) 1995 C5 Chevrolet Corvette - VIN #IG1YY22G8XSI24475 All Personal Property located at 4197 Kittatinny Drive, Mechanicsburg, PA 17050, including but not limited to: televisions, furniture, electronics, jewelry, and clothing. 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 August 8, 2012 Signature: /a u1, fj 0 pct &? Print Name: Ryan M. Ernst 40-00 -/ Address: 901 N. Market St., Suite 1000 3-3,5_0 Wilmington, DE 19801 2• D // Lance Burris Attorney for: 10q, S6 pd Telephone: (302) 778-4000 ?D L Supreme Court M No: PA Bar No. 202191 c?if- / SII 7q 3 ,,/it Of ?'k Is s ?? d