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
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JOSEP C C, ESQUIRE
Attorney plaintiff
221 East Market Street
Clearfield, PA 16830
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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
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CIRCLE
17055
..J
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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.
,
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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
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, 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
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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
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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,
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Josepl'j Colavecc i, Esquire
Att~ey for JMMMPC Company
Dated:
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STATE OF
PENNSYLVANIA
CUMERLAND
COUNTY
NCSCorp
Plaintiff,
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)
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) Docket No. 05 - 6764 Civil Te~
)
)
)
) ASSIGNklENTJF JUDGMENT
, ~,
DefCnclc1nt(s)
)
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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.;:-'
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N;;ij:;e <A"'h<"""-- -_)C'Y l --'i'-
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Title
NCSCorp Ilk/a Nationwide Credit Services, Inc.
700b
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STATE OF
PENNSYLVANIA
CUMBERLAND
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COUNTY
Plaintiff,
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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.
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Title
CllifinanciaI
SUBSCRfBED AND SWORN to before me this .~r~~ay url1{~~0()5.
&:'
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e'...~ ESTER M. JOHNSON
+*,.:- MY COMMISSION EXPIRES
..... August 8, 2006
Nota: J Puol,c
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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: _ .. ~ :::\
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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_..._.
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(over)
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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.
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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)
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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.
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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~~ ~
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R. Thomas Kline, Sheriff
ByCi tl4L~~\o~V
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Sworn and Subscribed to before me
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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)
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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