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HomeMy WebLinkAbout05-6764 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARF1ELD, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL plaintiff Vs. TIMOTHY DUNCAN TAMMY DUNCAN Defendants CIVIL DIVISION No. OS -b'lIs.Lf Cu~L'-r82- PRAECIPE FOR JUDGMENT Filed on Behalf of: Plaintiff, CITIFINANCIAL Counsel of Record for This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. LD, #06810 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 CLEAR FIELD, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL, 221 EAST MARKET P,O, BOX 832 CLEARFIELD, PA STREET 16830 plaintiff No,6S' -~"t~y C;,,;,[ vs. TIMOTHY DUNCAN TAMMY DUNCAN 409 SOUTH HIGH STREET MECHANICSBURG, PA 17055-6549 Defendants PRAECIPE FOR JUDGMENT TO: PROTHONOTARY OF CUMBERLAND COUNTY A certified copy of the Notice of Judgment/Transcript entered on July 30, 2003 by Magisterial District Justice Charles A, Clement, Jr, in favor of Citifinancial, against Timothy Duncan and Tammy Duncan, Defendants, being attached to this Praecipe, please assess damages as follows: 1, Amount of Debt: $ 8131.50 2. Interest 3, Costs: Total: $ 8131.50 \'~ , \ \ JOSEP C C, ESQUIRE Attorney plaintiff 221 East Market Street Clearfield, PA 16830 CJ c::. -. ,...., c":} C~ ,~...." c:::! r'q C> (',.) c:J r-) ,,) r,-' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ~ag-DisL No 09-1-01 OJ Name: Hon CHARLES A. CLEMENT, JR. Add"" 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA ToI'pho" (717) 774-5989 17070 .. CITIFINANCIAL 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 . THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF IcITIFINANCIAL 3401 HARTZDALE DRIVE SUITE 126 ~P HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS InUNCAN, TIMOTHY/TAMMY 691 CUMBERLAND POINTE ~ECHANICSBURG, PA NAME and ADDRESS I ..J I CIRCLE 17055 ..J a~_ ~ Docket No.: CV- 0000282 - 03 Date Filed: 6/30/03 Judgment was entered for: (Name) ORFAITI,T JUDGMRNT PLTF C'T'I'TFTliIlI.liIC'TlI.T. , [iJ [iJ Judgment was entered against: (Name) in the amount of $ OUli/ClI.liI, TTMO'l'HY/TlI.MMV 7/"10/0"1 , R 1"11 "0 on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 8,000.00 Judgment Costs $ 131. 50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,131.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITH!N 30 DAYS .A.FTER THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CtVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7/30/2003 Date ~ ~- , District Justice I certify that this is a true a~c')frect 7fPY of the 12/15/2005 Date ~Q My commission expires first Monday of January, 2008 AOPC 315.03 DATE PRINTED: 7/30/03 , District Justice SEAL 3:40:18 PM c ;z) () ~ 7fl ---- 0 "" 1t- ...0 ~,~ = 0 ~ <-::.:0 en --n !,j 0 ::;:l 'P ,." C? ffi:D I' - ~ fn e- N .~~) \""1'"1 ('\ ....:? \l" CD '-5'( 9-J \) -J -0 ::.:3 ~.:;> ~ ,:'-'--l{ uJ --() F :::~ '40 (U ~ ~ _Q rn ::4 - j (-.) ~~ :-.0 ~ 3:: N --< r ( ~ j , LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 ClEARFIELO, PA AFFIDAVIT JOSEPH COLAVECCHI, ESQUIRE, being duly sworn according to law, deposes and states as follows: The last known address of judgment creditor is 221 East Market Street, Clearfield, Pennsylvania, 16830, The last known address of judgment debtors is 409 South High Street, Mechanicsburg, Pennsylvania, 17055-6549, JOSE OLAVECCHI, ESQUIRE 221 East Market Street Clearfield, PA 16830 r'") C'-:~) ..' ,',.1, o '-n -J T i:i1:I1 ,'- I-""i"i. ~') r^' .,j CJ ,i'1 n ;".) 0) -' () ~.:)rn :_~ :~U .< " (,? C-..) f'.J , LAW OFFICES OF COLAVECCHI & CQLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. Q. BOX 131 ClEARFIElO, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL TO THE USE OF JMMMPC COMPANY Plaintiff Vs. TIMOTHY DUNCAN and TAMMY DUNCAN Defendants CIVIL DIVISION (" 7ft! No, 05 - ~ PRAECIPE TO MARK JUDGMENT IN THE USE OF JMMMPC COMPANY Filed on Behalf of: Plaintiff, CITIFINANCIAL Counsel of Record for This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. I.D. #06810 COLAVECCHI & COLAVECCHI 221 East Market Street P,O. Box 131 C1earfield, PA 16830 814/765-1566 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 COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CITIFINANCIAL, Plaintiff, No. 05 - 6764 vs, CIVIL TERM TIMOTHY DUNCAN and TAMMY DUNCAN Defendants PRAECIPE TO MARK JUDGMENT TO THE USE OF JMMMPC COMPANY TO THE PROTHONOTARY: In accordance with the Assignment of Judgment attached hereto, please mark the judgment in the above case to the use of JMMMPC COMPANY, upon payn1ent of your costs, '\ \' .. dl \", <\ If" \ ,\. Josepl'j Colavecc i, Esquire Att~ey for JMMMPC Company Dated: \ \ \ , '. f""." \~ ~.~ ::::1 G) (,) t::, STATE OF PENNSYLVANIA CUMERLAND COUNTY NCSCorp Plaintiff, ) ) ) ) Docket No. 05 - 6764 Civil Te~ ) ) ) ) ASSIGNklENTJF JUDGMENT , ~, DefCnclc1nt(s) ) ) ) ) ) ) ) TIMOTHY DUNCAN and TAMMY DUNCAN ---~--- H)R V ALliE RECEIVED, the undersigned, NCSCorp (llmlcrly knewn as NatlCnwidc Credit ',crvi'ce, Ine, (" Assignor") does hereby assign, transfer a"d set over to..JMMM.PC _ Coml'any _ ._._ .__..j"Assignce") of 221 E.Mark",t SLL_Cl".arfie}d., all right. title, and Interest in and to the above captionedjudgl1lent Pennsylvania, 16830 . .'::l. IN WITNESS WHEREOF, this assignment has been executed this.3rv:J day of '";K,L,., lkY- f-,,: ""V.~a( (}lr~'l- $.\ VI< c 9t.;:-' --~~t.'V,~. j.::C'A.,<,_-c Ceo N;;ij:;e <A"'h<"""-- -_)C'Y l --'i'- ~Lu--i, (;~~j Ll')' Cf/:-(.4.~\ Title NCSCorp Ilk/a Nationwide Credit Services, Inc. 700b , :-. ~-; ~:n -:::} 1;--,-"; -- 0) -- (,J C) STATE OF PENNSYLVANIA CUMBERLAND . COUNTY Plaintiff, ) ) ) ) ) ) ) ) ) Docket No. 05 - 6764 Civil Term ClT!FINANCIAL vs. ASSIGNJ\I!ENT OF JUDGI\1ENT TlMOT.IY DUNCAN and TAMMY DUNCAN ) ) ) ) Defendant(s) ) FOR V ALOE RECEIVED, the undersigned, CnlFlN '\NClAL, formerly known as COMMERCIAL CREDn CORPORATION, ("Assignor") does hereby assign. tramfer and sc over to Nationwide Credit Services, Tnc.. formerly ktlCWn as NallOnwide C{'edlt Services, Inc. ("Assignee") of 1340 12th Avenue, P,O. Box 1787, L:",gview, WA 98632, all right, litle, and Il1tcresl in and to the above captioned judgment. IN WITNESS WHEREOF, this assignment has bccn exccuted this ~I~+ day of'h>(l,QAYVeI2-, 2005. ~~{ff~ -Lls~ t ~-fu( Title CllifinanciaI SUBSCRfBED AND SWORN to before me this .~r~~ay url1{~~0()5. &:' .- -~ e'...~ ESTER M. JOHNSON +*,.:- MY COMMISSION EXPIRES ..... August 8, 2006 Nota: J Puol,c ~ly c nlllltS'ilon C\!HreS' ~ '-. ~ ",,> d r::::, '" 4 ~ '" 'I C> ~~ t\ ~ t; ':J -r, , :- :.r-J ~ ;';7 c.J r',) t....._f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Name and Address JMMMPC COMPANY/ASSIGNEE FROM CITIFINANCIAL QI21 EAST MARKET STREET P.O. BOX 832 CLEARFIELD, PA 16830 vs. TIMOTHY DUNCAN and TAMMY DUNCAN 409 SOUTH HIGH STREET MECHANICSBURG, PA 17055-6549 TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment (X) Other File No. Amount Due Interest Atty's Comm Costs 05 - 6764 $8131. 50 $1197.67 $ 162.63 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 for debt, interest and costs, upon the following described property of the defendant(s) All personal proerty, including but not limited to, furniture, appliances, automobiles or any personal property of any kind or nature. County, 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index thiS Writ against the garnlshee(s) as a liS pendens against real ~tate of the defendant(s) deSCribed in the attached exhibit. ~~~' Date _ {\ j\\\:j~ Signature: _ .. ~ :::\ -tl l ~ Print Name. JOSEPH C LAVECCHI, ESQUIRE Address: 221 EAST MARKET STREET ---~.__._---- CLEARFIELD, PA 16830 Attorney for: Telephone: JMMMPC COMPANY, ASSIGNEE FROM --------~ CITlFINANCIAL _ _.Jlli,flii5,-.l51i.6.. ___~. Supreme Court 10 No,: . 06810_..._. - - (over) -,~ --..;,. ... Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. f -I- i ~ .~ 't '\ .~ ~ t'-.;D~1:t "- ~ ~ 2 () '4 i, a . .tI1 C> CrtC'~~D tu -..a f:~ ~ -() U't I I 0 C> 1.1\ ~ bJ p:! l - - - - ~~ ~ ~ - ~ .r:;- ~ L U ~ ('I r-- ,..." l~ Ci 'T) :::1 {.::~) <;J-" ..,., r;"1 "'~",i I 1''' -\} :::,.: f'-) C) (_<1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6764 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMMPC COMPANY/ASSIGNEE FROM CITIFINANCIAL, Plaintiff (s) From TIMOTHY DUNCAN AND TAMMY DUNCAN, 409 SOUTH HIGH STREET, MECHANICSBURG, P A 17055-6549 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY, INCLUDING BUT NOT LIMITED TO, FURNITURE, APPLIANCES, AUTOMOBILES OR ANY PERSONAL PROPERTY OF ANY KIND OF NATURE , (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 $8131.50 Interest $1197.67 Atty's Cornrn % Atty Paid $46.75 Plaintiff Paid Date: FEBRUARY 2, 2006 LL $.50 Due Prothy $1.00 Other Costs $162.63 (Seal) /s/ (J,,/?-k ;k, J ~rothonot" ~ 'J:ly U.-t.O- <' ~p.7JJQj-/V/ Deputy REQUESTING PARTY: Name JOSEPH COLA VECCHI, ESQUIRE Address: 221 EAST MARKET STREET CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. .'~' Sheriffs Costs: Docketing $ Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: Sheriffs Costs: 150.00 97.58 52.42 18.00 1.92 .50 1.00 6.16 30.00 40.00 Refunded to Arty on 03/17/06 97.58 so~~ ~ ~ "l~.c~'4' R. Thomas Kline, Sheriff ByCi tl4L~~\o~V a " -..l " ~ Sworn and Subscribed to before me QfJ\t~, q I :b 't;j q- 91l qUOl ~j:lM~S103JHU1' NV-!!J38WnJ .:103:)1.:1.:10 rI'I\\(',~,,>lt~~ .' q h ,', "- '.,'$ , ~ ,'5D CIt. I> 33n> ~. Ilt.~11. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6764 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JMMMPC COMPANY/ASSIGNEE FROM CITIFlNANCIAL, Plaintiff (s) From TIMOTHY DUNCAN AND TAMMY DUNCAN, 409 SOUTH fiGH STREET, MECHANICSBURG, PA 17055-6549 (I ) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY, INCLUDING BUT NOT LIMITED TO, FURNITURE, APPLIANCES, AUTOMOBILES OR ANY PERSONAL PROPERTY OF ANY KIND OF NATURE . (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 gamishee(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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8131.50 Interest $1197.67 Atty's Comm % Ally Paid $46.75 Plaintif'fPaid Date: FEBRUARY 2, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $162.63 (Seal) k I (l tA-:J-4Ci J k.~ {,m':'~ P '71z{/ ~ 1'7_ C. . "PbV Deputy REQUESTING PARTY: Name JOSEPH COLA VECCfi, ESQUIRE Address: 221 EAST MARKET STREET CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. 06810