HomeMy WebLinkAbout12-6449Y
IN THE COL7RT OF COMMON PLEAS OF CUMBERLAND COUNT~i' , ]?ENNSYLVANIA
JMMMPC COMPANY, Assig:zee from
Urban. Trust= Bank,
Plaintiff
Vs.
MA~RLA BREON ,
Defendant
CIVIL DIVISI:O/N~
No . , Lp~~ `'~ ~ lJ~
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PRAECIPE FOR JUDGMENT
Filed on Behalf of:
Plaintiff, JMMMPC COMPANY
Counsel of Record for This
Party:
PAUL COLAVECCHI, :ESQUIRE
Pa. I.D. #832?4
COLAVECCHI & COLAVECCHI
221 East Market Street
P.O. Box 13~_
Clearfield, PA 1683x)
814/765-1566
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LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET SL
(ACROSS FROM
COURTHOUSE)
P. O. BOX 137
CLEARFIELD, PA
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-3-01
MDJ Name: Honorable Brenda M. Knepper
Address: 35 West Orange Street
Shippensburg, PA 17257
Telephone: 717-532-7676
JMMMPC Co.-Assignee Urban Trust Bank
221 E. Market Street
P.O. Box 832
Clearfield, PA 16830
Disposition Summary
Docket No
MJ-09301-CV-0000243-2011
Judgment Summary
Participant
JMMMPC Co.-Assignee Urb~
Marla Breon
Notice of Judgment/Transcript Civil
Case
JMMMPC Co.-Assignee Urban Trust Bank
V.
Marla Breon
Plaintiff Defendant
JMMMPC Co.-Assignee Urban Marla Breon
Trust Bank
Joint/Several Liability Individual Liability
~n Trust Bank $0.00 $0.00
$0.00 $867.56
Docket No: MJ-09301-CV-0000243-2011
Case Filed: 10/7/2011 -r
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Disposition "~ Disiiositi'on Date
Default Judgment for Plaintiff 10/28/201 `
Amount
$0.00
$867.56
Judgment Detail (`Post Judgment)
In the matter of JMMMPC Co.- Assignee Urban Trust Bank vs. Marla Breon on 10/28/2011 the disposition is Default Judgment for
Plaintiff and judgment was awarded as follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $771.06 $771.06
Filing Fees $0.00 $96.50 596.50
Grand Total: $867.56
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 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.
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,:
Date Magisterial District Judge Brenda M. Knepper
I certi y t at t is is a true an correct copy o t e recor o t e procee ings containing t o 1u gment.
Date Magisterial District Jug rends n€~per~`^
MDJS 315 Page 1 of 2 Printed: 10/31/2011 8:20:30AM
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MpJ Nama. Hon. HaTOld E. :Bender
Ada.eee: 35 West Orange Street
Shippensburg, PA 17257
Telephony. 1' 17 ) 5 3 2- 7 6 7 6
Marla Breon
9 Wyrick A~Tenue
~ Shippensbur_g, PA 1;'257 ~
Docket No.:
Date Filed: _____ ~ 1
AMOUNT DATE PAID
FILING COSTS $ / /
POSTAGE $ l l Social security numbers and financial information
SERVICE COSTS $ l l (e.g. PINS) should not be listecl. If thta iclentity of an
CONSTABLE EG. $ l l account number must be established', list only the
TOTAL $ / / last four digits. 204 Pa.Code §S~ 213.1 - e 13.7.
PLAINTIFF: NA~A~3! arnl i.pDR~c!S.'
r JMIMMPC COMPANY, ~,ssi,gr, ~ y 'rom Urban
-- a t Bank
221 E, :4arket Street, ~.~), Box 832
~ Clearfield, PA 168:10 ~
'WS.
DEFENDANT: NAME and aDpRESs
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
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TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for 75 71, 0+5 together with costs
upon the following claim (Civil fines must include citation of the statute or orclin~lnce violated):
Representing balance due on account from Urban Trust Bank/Salut:e Gold Card,
Defendant entered into a loan agreement with Urban Trust Bank on or about
5/31/07 and made payments on this account until 9/10/09 .st which
time the unpaid balance was in the amount as listed above.
Notice has been given to Defendant(s) and the claim has not been denied.
I, Paul Colavecchi verify that the facb set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities.
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gna e o ! a nt ~ r u,t~orTi Tzed~ ent
(Pauli olavecchi, F,squire)
The plaintiff's attorney shall file an entry of appearance with the magisterial district court pursuant t~~ Pa R.C F'. M. D.J. 207.1.
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR CiEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) clays before the date set
for the hearing.
If you are disabled and require a reasonable accommodation to gain access to tf~e Magisterial District
Court and its services, please contact the Magisterial District Court at the above address or telephone
number. We are unable to provide transportation.
AOPC 3t78A-11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JMMMPC COMPANY, Assignee from ~1 C VLI
No. ~ a,~UU~ ~
Urban Trust: Bank,
Plaintiff :
~MARLA BREON,
vs. .
Defendant
AFFIDAVIT
PAUL COLAVECCHI, ESQUIRE, being duly sworn according to law,
deposes and states as follows:
1. ` The last known address of Plaintiff i.s 221. East Market
'Street, Clearfield , Pennsylvania 16830.
2. The last known. address of Defendant is 9 Dvyrick Avenue,
Shippensburg, Pennsyl~rania 17257.
3. A certified copy of the Notice of JudgmentiTranscript
entered October 28, 2011, by Magisterial District. Judge Marla
Breon, District Court #09-3-01, is attached hereto and. made a part
hereof.
PAUL COLAVECCHI, ESQUIRE
Attorney for Plaintiff
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 COUNTS", PENNSYLVANIA
CIVIL DIVISION
JMMMPC COMPANY, Assig~~ee from
Urban Trust Bank, No.
Plaintiff
vs.
~MARLA BREON,
Defendant .
AFFIDAVIT UNDER SOLDIERS' AND SAILORS'
CIVIL RELIEF ACT OF 1940, AS AMENDED
STATE OF PENNSYLVANIA
COUNTY OF CLEARFIELD
ss.
PAUL COLAVECCHI, Esquire, being duly sworn according to law,
deposes and says that the above named Defendant, MARLA BREON, is
not in the military service of the United States of America as
defined by the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended; and that saic~ Defendant is an adult individual.
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PAU COLAVE CHI, ESQUIRE
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P. O. BOX 131
CLEARFIELD, PA
Sworn to and subscribE~d before me
this 12th day of October, 2012.
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DI THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
JMMMPC COMPANY, Assignee from
Urban Trust Bank,
vs.
MARLA BREON
: ❑ Confessed Judgment
: ❑ Other
: File No.
12-6449—Civil
: Amount Due $867.56
: Interest $92.27
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: 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 9 Wyrick Avenue, Shippensburg, PA 17257
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
defendant(s) described in the attached exhibit.
Date 7-24-14 Signature:
Print Name:
Address:
Attorney for:
Telephone:
pendens
against real estate of the
P fit Cdlavecchi, Esquire
P.O. Box 131
Clearfield, PA 16830
Plaintiff
(814) 765-1566
Supreme Court ID No:
tea. as et)
ek).4-S2L/Q7)
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83274
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA'
CIVIL ACTION - LAW
JMMMPC COMPANY, Assignee from
URBAN TRUST BANK,
Plaintiff,
vs.
No. 12 -6449 -CIVIL
MARLA BREON, WRIT OF EXECUTION
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
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P.O. BOX 131
CLEARFIELD, PA
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suitel00 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
JMMMPC COMPANY, ASSIGNEE FROM
URBAN TRUST BANK
Vs. NO 12-6449 Civil Term
CIVIL ACTION — LAW
MARLA BREON
WRIT OF EXECUTION
(Pa R.C.P. 3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against MARLA BREON, 9 WYRICK AVENUE,
SHIPPENSBURG, PA 17257 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
ANY AND ALL PERSONAL PROPERTY IN POSSESSION OF OR OWNED BY THE DEFENDANT
LOCATED AT 9 WYRICK AVENUE, SHIPPENSBURG, PA 17257 .
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
• GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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;
(c) the attachment shall not include.
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $867.56
Interest $92.27
Attorney's Comm.
Attorney Paid $59.75
Date: 7/28/14
oda
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. 83174
Plaintiff Paid
Law Library $.50
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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JMMMPC Company, Assignee from urban Trust Bank
vs.
Marla Breon
Case Number
2012-6449
SHERIFF'S RETURN OF SERVICE
10/16/2014 Deputies went to defendant's address; were advised that she had just paid this directly to plaintiffs
attorney this week.
10/29/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED
at request of plaintiffs attorney.
SHERIFF COST: $87.66 SO ANSWERS,
October 29, 2014 RONR ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoff, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JMMMPC COMPANY, Assignee from CIVIL DIVISION
Urban Trust Bank,
MARLA BREON,
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P.O. BOX 131
CLEARFIELD, PA
V
Plaintiff No. 12 -6449 -Civil
PRAECIPE TO SATISFY JUDGMENT
Defendant
Filed on Behalf of:
Plaintiff, JMMMPC COMPANY
Counsel of Record for This
Party:
PAUL COLAVECCHI, ESQUIRE
Pa. I.D. #83274
COLAVECCHI.& COLAVECCHI
221 East Market Street
P.O. Box 131
Clearfield, PA 16830
814/765-1566
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JMMMPC COMPANY, Assignee from
Urban TriUst Bank, No. 12-6449 Civil
Plaintiff :
vs.
MARLA BREON,
Defendant :
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please mark the Judgment in the above -captioned action as
satisfied.
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P.O. BOX 131
CLEARFIELD, PA
COLAVECCHI & COLAVECCHI
BY: AUL AVECCHI, ESQUIRE
At rney for Plaintiff
jo /AY
DATE