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Home My WebLink About13-2200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., ; A Pennsylvania Corporation, L)a av � Plaintiff VS. No. 08- 3170 -Civil Term C-) N c, HUTCH HOMES, INC., a Pennsylvania c a Corporation, and JAMES W. r rA 2s HUTCHINSON, JR., and CYNTHIA _rn -0 = HUTCHINSON, husband and wife, D N Defendants r-z: D -0 Q r D c w o � � x PRAECIPE FOR WRIT OF REVIVAL Filed on behalf of Plaintiff Counsel of Record for this Party: John R. Ryan Attorney -at -Law Pa. I.D. 38739 KUBISTA &_ RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 � Q (814)765 -8972 a SG F cm 00 a 'IV\ ?C0C) 2��S95oo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania Corporation, ; Plaintiff VS. No. 08- 3170 -Civil Term HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. HUTCHINSON, JR., and CYNTHIA HUTCHINSON, husband and wife, Defendants PRAECIPE FOR WRIT OF REVIVAL To the Prothonotary: Issue writ of revival of lien of judgment entered in the Court of Common Pleas of Cumberland County to Docket No. 08- 3170 -Civil Term and enter it in the judgment index against HUTCH HOMES, INC. of 414 South York Street, Mechanicsburg, Pennsylvania 17055, in the amount of $46,547.72 with interest, attorneys fees and costs. Kubista & Ryan LLP Jo R. Ryan Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEZZER LUMBER, INC., A Pennsylvania Corporation Vs. CIVIL ACTION LAW HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. HUTCHINSON, JR. and CYNTHIA HUTCHINSON, husband and wife 414 South York S'r: r,—lt Mechanicsburg, PA 17055 No 13 -2200 CIVIL TERM WRIT OF REVIVAL TO: HUTCH HOMES, INC. You are notified that the Plaintiff has commenced a proceeding to revive the lien of the judgment entered at: No. 08 -3170 Civil Term The Plaintiff claims that the amount due and unpaid is $46,547.72 with interest 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 in the amount claimed by the plaintiff may be entered without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 717- 249 -3166 Costs: $ 61.00 paid Attorney $ 2.25 Due County Da Buell, Prothon tary Date 4/22/2013 Deputy (Seal) Attorney for the Plaintiff JOHN R. RYAN,ESQUIRE - ID #38739 KUBISTA & RYAN LLP 202 SOUTH FRONT STREET CLEARFIELD, PA 16830 814- 765 -8972 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F7.L ED- Fi'?L-,c Sheriff G�F MIL PROTHO -3„ ��4r tr 09 Era af�r� �d A i, y Jody S Smith Chief Deputy 2013 MAy _g PM 3+ 14 �' :i 6 CUMBERL AA 40 COUNT , Richard W Stewart � _ y Solicitor OPrXE CT THE ERIF- PEtiNSYLVANIA Lezzer Lumber, Inc. Case Number vs. 2013-2200 Hutch Homes SHERIFF'S RETURN OF SERVICE 05/07/2013 02:15 PM-Chief Deputy Jody S. Smith served the requested Writ of Revival by"personally" handing a true copy to a person representing themselves to be President of Hutch Homes, James Hutchison, who accepted as"Adult Person in Charge"for the Defendant,to wit: Hutch Homes at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. 0/6 a JODY S. SMITH, DEPUTY SHERIFF COST: $51.06 SO ANSWERS, May 07, 2013 ROW R ANDERSON, SHERIFF (c)CountySuite Sheriff.Tolecsoft,Inc. 3.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania Corporation, :* Plaintiff vs. No. 13-2200-Civil ".. HUTCH HOMES, INC., a Pennsylvania- -r Corporation, and JAMES W. :ZF. HUTCHINSON, JR., and CYNTHIA C N °f HUTCHINSON, husband and wife, Defendants AFFIDAVIT OF SERVICE Filed on behalf of: Plaintiff Counsel of Record for this Party: John R. Ryan Attorney-At-Law . Pa. I.D. 38739 KUBISTA & RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., A Pennsylvania Corporation, Plaintiff vs. No. 13-2200-Civil HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. HUTCHINSON, JR., and CYNTHIA HUTCHINSON,husband and wife, Defendants AFFIDAVIT OF SERVICE This is to certify that a certified copy of the Writ of Revival was served on Hutch Homes on May 7, 2013, in the place and manner set forth in the attached Sheriff's Service and Affidavit of Return. KUBISTA & RYAN LLP Date: //3 John R. Ryan Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tit Jody S Smith Chief Deputy �.� Richard W Stewart Solicitor +SFr 4a 4,a-PC. Lezzer Lumber, Inc. Case Number vs. Hutch Homes 2013-2200 SHERIFF'S RETURN OF SERVICE 05/07/2013 02:15 PM-Chief Deputy Jody S. Smith served the requested Writ of Revival by"personally" handing a true copy to a person representing themselves to be President of Hutch Homes, James Hutchison,who accepted as"Adult Person in Charge"for the Defendant,to wit: Hutch Homes at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. �./6 JODY S. SMITH, DEPUTY SHERIFF COST: $51.06 SO ANSWERS, May 07, 2013 RON J R ANDERSON, SHERIFF tc; C-cmni--Suite Sheriff,reieosctt.Inc. _ 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., Plaintiff . c� - vs. No. 13-2200-Civil -0 M .. HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. s'{- c.� HUTCHINSON, JR., and CYNTHIA HUTCHINSON, husband and wife, Defendants ' r,, 7' AFFIDAVIT OF SERVICE Filed on behalf of: Plaintiff Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 KUBISTA & RYAN LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., Plaintiff vs. No. 13-2200-Civil HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. HUTCHINSON, JR., and CYNTHIA HUTCHINSON, husband and wife, Defendants AFFIDAVIT OF SERVICE This is to certify that a 10 Day Notice was served on Hutch Homes, Inc., at 414 South York Street, Mechanicsburg, Pennsylvania 17055 on May 28, 2013, a copy of the Notice is attached. KUBISTA & RYAN LLP Date: John P,. Ryan Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEZZER LUMBER, INC., Plaintiff vs. No. 13-2200-Civil HUTCH HOMES, INC., a Pennsylvania Corporation, and JAMES W. HUTCHINSON, JR., and CYNTHIA HUTCHINSON, husband and wife, Defendants To: HUTCH HOMES, INC. I 414 South York Street Mechanicsburg, PA 17055 Date of Notice: May 28, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. I COURT ADMINISTRATOR Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 JoA R. R an, Esquire Attorney for Plaintiff cc: Lezzer Lumber, Inc. is C=D " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ;; Lezzer Lumber Inc., Civil -< Plaintiff Vic:' -�► �- `; vs. No. 13-2200 formerly 08-3170 -"' Hutch Homes Inc. and James W. Hutchison and Cynthia Hutchison, : Defendant Civil Action--Law PRAECIPE TO RECORD MOTION BEFORE BANKRUPTCY COURT AND ORDER ON MOTION To the Prothontary: Please record the attached Motion To Avoid Judicial Lien and the Certified Order granting that Motion. chard Koch, Esq. PA Attorney Id 92956 6 Clouser Road Mechanicsburg,PA 17055 r 1 Richard Koch 92956 Law Offices of Richard Koch 6 Clouser Road Mechanicsburg, PA 17055 717-691-1882 Attorney for debtor IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Judge Mary D. France Case No: 1:12-bk-02237 James W. Hutchison Jr., Chapter: 13 Debtor Address: 414 S.York St. Mechanicsburg, PA 17055 SSA No.: xxx-xx-2883 Motion to Avoid Judicial Lien MOTION TO AVOID JUDICIAL LIEN Debtor,James W. Hutchison Jr.,.by his attorney Richard Koch, makes the following allegations in support of a Motion to Avoid a Judicial Lien pursuant to 11 U.S.C.Sections 522(f)(1)(A)and 522(f)(1)(B). 1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C.§§1334 and 157,and this matter is a core proceeding pursuant to 26 U.S.C.§157. 2. On April 19, 2012,the debtor filed a petition under Chapter 13 of the Bankruptcy code with required schedules and statements.That petition and accompanying documents are incorporated here by reference.The petition was assigned case number 1:12-bk-02337-MDF. In November 2012 the debtor's case was converted to one in Chapter 7.A discharge in the case was issued on March 1,2013. 3. There exists the following judgment lien against property of the debtor: Lezzer Lumber v.Hutch Homes Inc.,James W. Hutchison Jr.and Cynthia Hutchison,in the Cumberland County Court of Common Pleas, Docket No.2008-3170,in the amount of$46,547.72. 4. Subject to this judgment lien is the following property listed in Schedule A:414 S. York St.,Mechanicsburg,PA_ 5. The lien referenced above is a nonpurchase-money, nonpossessory one. 6. The judgment lien impairs the exemption the debtor could have taken in his residence. Even though the value of the judgment exceeds the debtor's maximum possible exemption,the residence is secured beyond its market value by validly secured and recorded mortgage loans. 7. The judgment holder recently renewed the judgment against other parties, and specifically removed the debtor's name from the renewal.Nonetheless,a title search done pursuant to the proposed refinance included the lien that the court's discharge of the debtor should have rendered of no effect. 8. The judgment lien is a bar to the debtor's attempt to refinance the property. 9. Neither the refinance nor the requested Court action will alter the terms of the agreement with the creditor Alfred Surtnett For the reasons stated above,the Court should issue an order specifically discharging this lien. Date: October 23,2013 /s/Richard Koch Richard Koch Attorney for debtor CERTIFIED FROM THE RECORD IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA r � In re: Dated: November 20, 2013 JAMES W. HUTCHISON JR., Ch. 7 Debtor./Movant Case; 1:12-Lek-023771A,JDF LEZ7ER LUMBER INC., Respondent ORDER GRANTING JUDICIAL LIEN AVOIDANCE THEREFORE, after consideration of the debtor's Motion to Avoid Judicial Lien,it is ordered that the Motion is granted. By the C curt; Chief Bankruptcy Judge Dated: November 19, 2013 Case 1:12-bk-02377-MDF Doc 134 Filed 11/19!13 Entered 1111911310.41:05 Desc Main Document Page 1 of 1 CERTIFICATE OF SERVICE I hereby certify that i served a true and correct copy of the Praecipe to Record Motion before Bankruptcy Court and Order on Motion in case 13-2200, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 21 st day of November 2013,from Carlisle, PermsyWar»a, addressed as follows: Kubista& Ryan LLP 202 South Front Street P.O. Box 1 Clearfield, PA 16830 RESPECTFULLY SUBMITTED, qicharb Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17055 (717)691-1882 ID# 92956 ff