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HomeMy WebLinkAbout13-1453 TOWNES AT CROSS CREEK IN THE COURT OF COMMON PLEAS OF HOMEOWNERS' ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff RALPHAELACEVEDO Defendant g CIVIL ACTION — LAW PRAECIPE To the Prothonotary: Please enter judgment in favor of Plaintiff, The Townes at Cross Creek Homeowners' Association, and against Defendant, Raphael Acevedo, on District Justice judgment at Docket No.: MJ- 09304 -CV- 0000410 -2012, which is attached hereto as Exhibit A, in the amount of $2,563.50 plus costs, attorney fees and interest from January 7, 2013. 1 certify that no appeal was filed from the judgment. Respectfully Requested, Wix, Wen r & Weidner Date: March �, 2013 By: tep n J. z a , I. . #52653 / 508 North con Street P.O. Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 C� IL COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND .f Case Mag. Dist, No MDJ- 09 -3 -04 Townes Of Cross Creek, HOA MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Ralphael Acevedo Suite 110 Mechanicsburg, PA 17050 I Telephone: 717- 697 -2201 Townes of Cross Creek, HOA Docket No: MJ- 09304 -CV- 0000410 -2012 c/o Sterling Property Mgmt. Inc Case Filed: 11/21/2012 - 337 Lincoln Street Carlisle. PA 17013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000410 -2012 Townes of Cross Creek, HOA Ralphael Acevedo Default Judgment for Plaintiff 01/07/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Ralphael Acevedo $0.00 $2,563.50 $2,563.50 Townes of Cross Creek, HOA $0.00 60.00 $0.00 Judgment Detail ( * Post Judgment) In the matter of Townes of Cross Creek, HOA vs. Ralphael Acevedo on 1/07/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,454.50 $2,454.50 Filing Fees $0.00 $103.00 $103.00 Costs $0.00 $6.00 $6.00 Grand Total: $2,563.50 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 CC' RT OF CPAMNICN P AND NC FURTHER PRO - -ESS %fil AY BE 2- 11 . 1 Ev SY TH,E 4 .11 AC: STE,,:AL 0: - 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. 1-3 _ Date Senior Magisterial District Judge Paula P. Correai I certi y that this is a true and correct copy of the record of the proceedings con rn the judgment. ✓' ,' Date M gisterial District Judge MDJS 315 Page 1 of 2 Printed: 01/07/2013 11:39 21AM WIX, WENGER & WEIDNER Stephen J. Dzuranin, I.D. # 52653 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 TOWNES AT CROSS CREEK IN THE COURT OF COMMON PLEAS OF HOMEOWNERS' ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: I f' / RALPHAEL ACEVEDO : a /k /a RAPHAEL ACEVEDO, Defendant CIVIL ACTION — LAW To: Defendant, Raphael Acevedo: I O�� l You are hereby notified that on / the follcwing ) (nom (Judgment) has been entered against you in the above - captioned case. $2,563.50, plus costs, attorney fees and interest from January 7, 2013. DATE: O P roth o n otalry, "- ,.,�r...�,• �,, ?,,.� k I hereby certify that the name and address of the proper persons to receive this notice is: Raphael Acevedo 1162 Heron Court Mechanicsburg, PA 17055 A: Defendant, Raphael Acevedo: Por este medio se le esta notificando que en el _ de del 2013, el siguiente (OFdeR), (9eGrete), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido segun indicada en el certificado de residencia: Raphael Acevedo 1162 Heron Court Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION TOWNES AT CROSS CREEK [ ] Confessed Judgment HOMEOWNERS ASSOCIATION, Other Plaintiff File No.: 13-1453 Civil Amount Due: $2,563.50 VS. Interest to be calculated from 1/7/13 RALPHAEL ACEVEDO a/k/a Attorney's Commission $ RAPHAEL ACEVEDO Costs to be added Address: - 1162 Heron Court .s F Mechanicsburg, PA 17055 - , CD TO THE PROTHONOTARY OF THE SAID COURT: ° - =cD The undersigned hereby certifies that the below does not arise out of A> ail 3 t~ installment sale, contract, or account based on a confession of judgment, but ifatdae§, = . 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 describe property of the defendant. Please levy upon any and all personalty of the Defendant located at Defendant's residence at 1162 Heron Court, Mechanicsburg, PA 17055. WIX, WE R & EIDNER Date: May�, 2013 By• p n J. z nin, Esquire 08 North ec nd Street Harrisbur PA 17101 Attorney or Townes at Cross Creek Homeowners Association " S Telephone No.: 717-234-4182 •7J Supreme Court ID No: 52653 Due Cv. , sb u, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-1453 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TOWNES AT CROSS CREEK HOMEOWNERS ASSOCIATION Plaintiff(s) From RALPHAEL ACEVEDO A/K/A RAPHAEL ACEVEDO,1162 HERON COURT, MECHANICSBURG,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell LEVY UPON ANY AND ALL PERSONALTY OF THE DEFENDANT LOCATED AT DEFENDANT'S RESIDENCE AT 1162 HERON COURT,MECHANICSBURG,PA 17055 (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 garnishees) 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$2,563.50 Plaintiff Paid$ Interest TO BE CALCULATED FROM 1/7/13 Attorney's Comm. % Law Library$.50 Attorney Paid$59.75 Due Prothonotary$2.25 Other Costs$ Date: MAY 30,2013 David D. Bue 1, Protho otary ,(`yeah By. Deputy REQUESTING PARTY: Name : STEPHEN J.DZURANIN,ESQUIRE Address: WIX,WENGER& WEIDNER 508 NORTH SECOND STREET HARRISBURG,PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-4182 Supreme Court ID No. 52653 RONNY R.ANDERSON ', i , RICHARD W.STEWART Sheriff * ^ ty Solicitor JODY S.SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 July 22, 2013 Townes at Cross Creek Homeowners Association vs Raphael Acevedo r� ry c., Writ No. 2013-1453 C= = Property Claim Determination:1" , e rn C= e To Whom It May Concern: ry i r Ci-r- F3 Reference is made to Property Claim dated July 12, 2013, entered by Rachel Avecedo, Writ of Execution No. 2013-1943, Townes at Cross Creek Homeowners Association. Ronny R. Anderson, Sheriff, has determined that the claimant, Raphael Acevedo, in the above mentioned property claim, is the owner of the property set forth in the claim. So Answers: R Anderson, Sheriff B cc Stephen J. Dzuranin, Attorney for Plaintiff Rachel Acevedo, Claimant Raphael Acevedo, Defendant NOTICE OF PROPERTY CLAIM Townes at Cross Creek In the Court of Common Pleas Homeowners Association Cumberland County, Pennsylvania VS Raphael Acevedo No. 2013-1453 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Rachel Acevedo, claiming property listed therein. Unless an appraisal of the property is requested within(10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 07-12-13 S ff of Cumberland County B Cc Stephen J. Dzuranin, Attorney for Plaintiff Rachael Acevedo, Claimant Raphael Acevedo, Defendant a!/1 b/Lbl i 1'1:bb t 1 t y 151 iby 1Jt I HLtt-5 t YKUSH LAW t AUL 47L/b5 Jul, 10. 2013 11 :02AM Cumberland County Sherrif No- 6746 P. 3 I'ROUR.TY CLAW fa the Court of Common Fleas of /yw,Jen� /ff G�roSS C:re�� CuWw1aad County,Penuaylvelnfa / orrlc�' o`cJn(e�s '_ �SSac i a�-iorV , writ No. /3- /�S3 �ii✓�Z, 'VF ��4�titiEL /�GG✓Nl�U TO THE StiE.RI 7 OF CUMBMA,N'D COUNTY,p>tMNS'YLVANTA The pmperty listed below and levied upon i a this east is not the property of the dafeadaA but is the property of the u ximilped. A list of Me claimed properly and the values Ww=f am, UST OF PRCfpa:R Y VALUE S-- T6/es aoo. coo 0, C>D 1! 64.,C-,S 5c) . o o '- r,-.SA 3 - b6ms<sc ,-c d c, c Lo.Oc IS a$ Gl ' /v-oc7 `p�- (yi h'E' S�n.•,+c1S jQ, G � �r� GrprS S�ciNC7�s T+I. cf4e, �4�1a� a - La r. ps - moo. D a �fo✓e-, - 5-6.00 { / - �1ic�ou�ave✓ - moo'ao - Yae-vm - /0. Pdh PAM U S�15 - S°D — So�ci — /Ob• ad �a1-� L'\v1�S- ao.r e l — �a"a 200, GAO 1 - GL- 10e,0 TOE+CANT OIi TAMD THE TO TIRE PROPERTY AS FOLLOWS / LG ro er alllo w haS bGu✓ d/"G� s�-f 6�% i State oflPeRwIvauia: ofC wxberland duly svmm aeeotftj to law,dcposes and says that the a ove t in arty chum arc e and eve. Swo mamn•aubacnb to me �J This try Of CLAUDIA A.BREWBAKER,NOTARY PUBLIC Carlisle Boro,Cumberlm W County my Commission Expires April 49 2017 1 ' �1� � moi4sivor aw F. SHERIFF 2013 JUL l 2 A 8: 15 C �,�,�a,nb� Ya x� �°off�� -� �. —D O 4 - vQ RONNY R.ANDERSON g RICHARD W.STEWART i Sheriff Solicitor 4. JODY S.SMITH Chief Deputy OFFICE OF THE SHERIFF _ One Courthouse Square, Room 303 c Carlisle, Pennsylvania 17013 - zz; ::�j e M July 22, 2013 3 CD'7r F--;;= —t Townes at Cross Creek Horrner �_ Association �E, W -� vs Raphael Acevedo Writ No. 2013-1453 Property Claim Determination AMENDED PROPERTY CLAIM DETERMINATION To Whom It May Concern: Reference is made to Property Claim dated July 12, 2013, entered by Rachael Avecedo, Writ of Execution No. 2013-1.943, Townes at Cross Creek Homeowners Association. jW Ronny R. Anderson, Sheriff,has determined that the claimant, Rachel Acevedo, in the above mentioned property claim, is the owner of the property set forth in the claim. So Ans s:- R I Anderson, Sheriff By cc Stephen J. Dzuranin, Attorney for Plaintiff Rachael Acevedo, Claimant Raphael Acevedo, Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson a► �_�J, - „ it Sheriff �~ Pft01'f90��;°, �Qytrxtp�i 4ara�a�aa, �� , t �t� I"!�r Jody S Smith . Chief Deputy 2011 ► f� "� Richard W Stewart ;,UUMBf RLAND COO I Y Solicitor i+ !CE OFTi�SKRIFF PENNSYLVANIA Townes at Cross Creek Homeowners Association Case Number vs. 2013-1453 Ralphael Acevedo SHERIFF'S RETURN OF SERVICE 06/10/2013 03:28 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Rachel Acevedo- Wife, who accepted as"Adult Person in Charge"for the within named Defendant, to wit: Ralphael Acevedo at 1162 Heron Court, Hampden Township, Mechanicsburg, PA 17055, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on 06-11-12. 07/12/2013 On July 12, 2013 at 0815 hours, a property claim was filed by Rachel Acevedo.All parties notified by mail this date. 07/22/2013 Reference is made to Property Claim dated July 12, 2013, entered by Rachel Acevedo, Writ of Execution No. 2013-1453,Townes at Cross Creek Homeowners Association vs. Raphael Acevedo. Ronny R. Anderson, Sheriff, has determined that the claimant, Rachel Acevedo, in the above mentioned property claim, is the owner of the property set forth in the claim. 08/09/2013 Ronny R. Anderson, Sheriff,who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c) pertaining to property claims. SHERIFF COST: $109.25 SO ANSWERS, / August 09, 2013 RbNqY R ANDERSON, SHERIFF sv (c)CcuntySu':te Shent(,Te!eosott,!nc.