HomeMy WebLinkAbout02-1634OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland COUNTY COURTHOUSE
1 Courthouse Square
Carlisle, PA 17013
TO:
LARRY FLICKINGER
210 S YORK ST
MECHANICSBURG, PA 170556304
First Select, Inc.
1600 Ofmsby Sm. Ct.
Louisville, KY 40223
Plaintiff
Vo
LARRY FLICKINGER
210 S YORK ST
MECHANICSBURG, PA 170556304
Defendant
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PA
CIVIL ACTION - LAW
NO. ~
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding.
Prothonotary
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
RON Z. OPHER, ESQUIRE, at 610-902-0530.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUI~ERLfi.I~
Mag. Dist. No.:
09 -3-05
DJ Name: Hon.
C~YLE fi.. ELDER
Address: 507 No YORK ST.
MECHANICSBURG, PA
(717) 766-4575 17055
FIRST SELECT INC
1600 ORMSBY STN.CT.
LOUISVILLE, KY 40223
THIS IS TO NOTIFY YOU THAT:
Judgment:
~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FFIRST SELECT INC
1600 ORMSBY STN.CT.
LOUISVILLE, KY 40223
VS.
DEFENDANT: NAME and ADDRESS
F-FLICKINGER, LARRY
210 S.YORK STREET
MECHANICSBURG, PA 17055
L ~
Docket No.: C~-0000016-02
Date Filed: 1/23/02
DRFAD~T JUD~MI~ PL?F
~TR~ ~RT,RO.~ TN~
in the amount of $ ~: ~1'7_42 on:
(Date of Judgment)
~---] Defendants are jointly and severally liable.
(Date & Time)
~] Damages will be assessed on:
[~ This case dismissed without prejudice.
~] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
r--] Levy is stayed for days or ~] generally stayed.
--]Objection to levy has been filed and hearing will be held:
Amount of Judgment $ 5,918.42
Judgment Costs $ 99 o 00
Interest on Judgment $ .00
Attorney Fees $ o 00
Total $ 6,017.42
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Date:
Time:
Place:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
.,~/~/O'~- Date , District Justice
t,i c,l~c, rtify t~at this is a true and correct copy of the..record~:~l~the pro.ceedings containing the judgment, i/l. '~:te ~'~.(~-dod/'' '---' District JusticeI
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99
COMMONWEALTH -
COUNTY OF.:'~ '
09-3'05
~"'~""' Gayle A. Elder
'507 N. York Stl
Mecti-a~. ~Sburg, PA. 1.7055
..... 717-766-4575.
CIVIL CoMpLAINT
Pirst Select, Inc.
1600 Ohnsby Station CoUrt
~uis~e, ~ 40223
· ~: ~~
~Y FLIC~NGER "
210 S YO~ ST
MEC..HANICSBURG, PA, 170556304
'- L' .'_!
{ Dock~ No.: CV.-16-02
violated):
Unpaid balance of Credit account #4168100017417005 after default..
Principal balance is $4552,63.. 'Interest and a{tox'x~ey's fee added per the
" parties' agreeme~xt on the unpaid balance, q"ne interest, is at 8.00% per · ·
annum,' commencing on January 3, 2002 (totnltng $0.00); attorney's fees at
10% prior to entry of jUdgment and 30% after entry of judgment (totaling
$1365.79). Total now due and owing Plaintiff is $5918.42, plus costs. . .
First Select, Inc.
1600 Ormsby Sm. Ct.
Louisville, KY 40223
Plaintiff
LARRY FLICKINGER
210 S YORK ST
MECHANICSBURG, PA 170556304
Defendant
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PA
CIVIL ACTION - LAW
NO. O.2-
CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
:SS
COUNTY OF Cumberland :
I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attomey
for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the
address of the Plaintiff is 1600 Ormsby Sm. Ct., Louisville, KY 40223. Defendant's address is 2i0
S YORK ST, MECHANICSBURG, PA 170556304. In addition, Defendant is not in the Military
Service of the United States, nor any State or Territory thereof or its allies as defined in the
Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto.
I verify that the statements made in the foregoing certification and affidavit are tree and correct to
the best of my knowledge, information and belief; and I understand that the statements in said
certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
BY:
DATED: April 1, 2002
Ron Z. Opher, Esquire
FIRST SELECT, INC.,
Plaintiff
LARRY E. FLICKINGER,
Defendant
: IN THE COUI~ OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 02-1634 Civil
PRAECIPE TO STRIKE
To the Prothonotary:
Please strike the above-captioned lien as the per the attached certified Order Avoiding
Judicial Lien entered by the United States Bankruptcy Court for the Middle District of
Pennsylvania.
CGA Law Firm
Countess Gi[lbert Andrews, PC
By: ~~~ [~ C~
Lawrence V. Young, Es~Jre
Supreme Court No. 21009
29 North Duke Street
York, Pit 17401
Telephone: 717-848-4900
Attorneys for Defendant
Date: January 4, 2005
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Larry E. Flickinger
Larry E. Flickinger
Movants
Vo
First Select, Inc.
Case No. 1-04-04563
Chapter 13
Lien Avoidance
Respondent :
ORDER AVOIDING JUDICIAL LIEN
AND NOW, this 2~day of A~~l,~ 2004, upon a review of the within Motion
filed by the Debtor and it appearing that the lien in question constitutes a judicial lien as defmed
by 11 U.S.C. §101(36) and 11 U.S.C. §522(f)(1), and that said judicial lien impairs the Debtor's
exemption, it is hereby
ORDERED THAT the judgment lien held by First Select, Inc. in the Cumberland County
Court of Common Pleas to Docket No. 02-1634-Civil, is avoided to the extent that it impairs the
Debtor's exemption in residential real estate at 213 Market Street, Lewisberry, York County,
Pennsylvania 17339. The lien of First Select, Inc. is hereby avc,ided and no longer constitutes a
lien against the above-described asset. Further, to the extent thaX upon the avoidance of the lien
in question there exists no equity in the Debtor's residence to which the lien can further attach, it
is hereby
ORDERED THAT the lien is stricken.
By the Com't
,-, %~
CERTIRED FRO;A THE RECORD this~
Clerk, U.S. ~, ..... ~-'~,
Per ~ ~ ~~~~
- -~ Deputy Clerk
{00127816/1}
Mary D. France
U.S. Bankruptcy Judge
SEP 28