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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