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HomeMy WebLinkAbout02-1797COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.; 09-1-02 DJ Name: Hen, ROBERT V. MANLOVE Ad0ress: 1901 STATE STREET CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 TEP~RY YOUNG 62 PARADISE RD DUNCANNON, PA 17020 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~YOb'NG, TERRY 62 PAKADI SE DUNCANNON, PA 17020 VS. DEFENDANT: NAME and ADDRESS ~OOK, SHEILA 3412 TRINDLE KD APT.# CAMP HILL, PA 17011 L Docket No.: CV-0000012-02 Date Filed: 1/10/02 J B / THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) ~,~: in the amount of $ I: ~,OR _ ~;O on: ~--~ Defendants are jointly and severally liable. --] Damages will be assessed on: ~--~ This case dismissed without prejudice. ~-'-1 Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~1 Levy is stayed for__ days or ~] generally stayed. ~1 Objection to levy has been filed and hearing will be held: DEFAULT JUDgMeNT PLTF (Date of Judgment) (Date & Time) !Amount of Judgment $ 1,250.00 Judgment Costs $ 58.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,308.50 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 ,.~ *'~_/~ate /,/~ .~ ~ , District Justice I I cer~ ~at this is a~i1~/c~e~ ¢ceedings containing th~ judgment. 13/ ~)/O''~'''/ Date V ~ ///¢//.¢~/z~ ~ D strctOusticeI My commission expires first Monday of January, AOPC 315-99 2006 SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: VS. TO THE PROTHONOTARY OF THE SAID COURT: : ( ) Confessed Judgment : ( ) Other : File No. ~:2 - 1"797 : Amount Due /.,,'~ oW. ,~'o : Interest : Atty's Comm : Costs 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 (,. ,~ ~,.- Jc~ ~ County, for debt, interest and costs, upon the following described property of t~e defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of C..._~../~ ~,_/c~ ~ 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). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ~///! Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1797 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TERRY YOUNG, Plaintiff (s) From SHEILA BOOK, 3412 TRINDLE RD, APT. B, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (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 be/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,308.50 Interest Atty's Comm % Due Prothy $1.00 Atty Paid Other Costs Plaintiff Paid $29.25 Date: APRIL 11, 2002 REQUESTING PARTY: Name TERRY YOUNG CURTIS 1L LONG Prothonotary, Civil Division Address: 62 PARADISE ROAD DUNCANNON, PA 17020 Attorney for: Telephone: 717-834-4465 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge 20.00 Levy Post Pone Sale Garnishee 38.00 Advance Costs: 150.00 Sheriff's Costs: 38.00 112.00 Refunded to Arty on 4/17/02 Swom and Subscribed to before me This/gM day of 2002 A.D. 'Pr~thgnotary R. Thomas Kline, Sheriff By ~__~.0111_t~Ct ,q , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1797 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TERRY YOUNG, Plaintiff (s) From SHEILA BOOK, 3412 TRINDLE RD, APT. B, CAMP ItlLL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (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 $1,300.50 Interest Atty's Corem % Due Prothy $1.00 Atty Paid Other Costs Plaintiff Paid $29.25 Date: APRIL I1, 2002 REQUESTING PARTY: Name TERRY YOUNG CURTIS R. LONG Prothonotary, Civil Division Address: 62 PARADISE ROAD DUNCANNON, PA 17020 Attorney for: Telephone: 717-834-4465 Supreme Court ID No. TERRY YOUNG Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE SHEILA BOOK Defendant CIVIL ACTION --CONTRACT COMPLAINT OF CONTRACT BREACH ON APPEAL #2002-01797 1.Plaintiff is Terry Young, residing at 62 Paradise Rd., Duncannon, Perry County, Pennsylvania. 2.Defendant is SheilaBook, residing at 3412 Trindle Rd. Apt. B, Camp Hill, Cumberland County, Pennsylvania. ~ 3.On August 17, 2001 Plaintiff and Defendant entered into a sales agreement for purchase of the Plaintiffs car by the Defendant for a purchase price of $2300.(Attached). Both parties and a witness signed the agreement and a down payment of $150 was made by the Defendant. 4.Plaintiff transferred title of the car to the Defendant, but was unable to put a lien on the title because he was not a financial institution. 5.On September 1, Defendant made a payment of $300. 6.On September 28, Defendant made a payment of $600. 7.On October 31 payment was due but the Defendant did not pay. Defendant claimed that there were mechanical pr~oblems with the car and refused payment. The plaintiff reminded the defendant that the sales agreement entered into was for a sale "as is" and that the defendant was responsible for repairs and maintenance. 8.Defendant has still refused payment. 9.After several attempts to receive payment, on January 10, 2002 Plaintifffiles a civil complaint at Magisterial District 09-1-02 in Camp Hill, Pennsylvania in the amount of $1250 for the difference in price plus $58.50 in costs. Hearing date was set for February 21. 10.On February 21 Defendant entered a notice of Intent to Defend and another hearing was set for March 7. 11.Defendant failed to show for the heating on March 7 and a judgment was entered for the Plaintiffin the amount of $1308.50. 12.A Writ of Execution was filed at the Cumberland County Courthouse. A Judgment Certificate was received by the Plaintiff from the Office of the Prothonotary. Total fees paid by the Plaintiff were $180.25. 13.Plaintiff received a call from the Cumberland County Sheriffs Office that Defendant had filed an appeal. After putting a stop to the Writ of Execution, Plaintiff received a check back from the Sheriffs Office in the amount of $118. 14.Plaintiff is asking for a judgment in the amount of $1370.25 which includes the amount of the first judgment plus $62.25 for the costs lost in the Writ of Execution process. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dfite plaintif, r~/ 87 Nissan Pulsar NX VIN # jnlen34sShm018192 Vehicle is being sold on a sales agreement. Vehicle is being sold in as is condition for $2300. Buying is responsible for ail maintenance and repaks. A down payment of $ }~.OOis being made on Friday Aug. 17, 2001 and minimum payments of $600 a month will follow at the end of each month until balance is paid in full. Ifpaymants are not received vehicle may be repossessed. A lien will be put on the vehicle until the baiance is paid. Payments Date '300,*0 q'-t~ o I ~tiyer's signature Date eller'~ll~ (~/te Wi/ness