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Home My WebLink About06-6961 0-, COfvlMONWEAL TH OF PENNSYLVANIA ...COUNTY OF: CUKBBRLARD ~-Cl.--- ~7t...1 <3uil J~ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE Mag Dis! No 09-3-04 PLAINTIFF: Ni\ME and ADDRESS IGuTLAND, DBBORAH 159 RIDGB DRIVE DILLSBURG, PA 17019 L ~ I MDJ Name Hon. TBOMAS A. PLACBY Address 104 S SPORTING BILL RD MBCBARICSBURG, PA .J VS. Telephone (717) 761-8230 17050 DEFENDANT: fGARTLAlID, SOMMBR 1429 APPLB DRIVE APT. 154 ~CBARICSBURG, PA Docket No.: CV-0000219-06 Date Filed: 4/18/06 NAME and ADDRESS I 17055 .J ." ,_. .if9 . " , . . " . , DBBORAH GARTLAND 159 RIDGB DRIVE DILLSBURG, PA 17019 THIS IS TO NOTIFY YOU THAT: FpR P:t.AINTIFF Judgment:'~ . *' (Date of Judgment) GARTLAND, DBBORAH 8/10/06 ~ ~ Judgment was entered for: (Name) GARTLAND, SlJIIMBR Judgment was entered against (Name) in the amount of $ 4,992.32 D Defendants are jointly and severally liable. D Damages will be assessed on Date & Time D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 4,878.32 Judgment Costs $ 114.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,992.32 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------- Certified Judgment Total $ 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 JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. e \0 Qr1 Date , Magisterial District~udge edings containing the judgmj3r1t. , Magisterial District Judge I certify that this is a true an ~ Date My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATB PRINTED: 8/10/06 9:12:00 AM .~ . ' , ~ . ~ .. -'~ . c ~ - ~ ~ u c0- r R I .... ~ ... AJ ~ " ~ ~ ~ ,...'{i',: ,.:4.:. )l~.~ ,;r..,,;, , ~~"~':-~_~':~.~i~"!-~Jf" oCQ. ~ ~ ~:rJ ~. .p: 'U~ f:\ ~ H. t;V - ~-'.f" J}-.. o c -u5': mm -;7 rp z:::c' (/)5. -.......---:. r""'.' <\-~. )..-'c....- Le' $~ z --J ....( ~J ~ c:::::t c:::::t c:J"\ o fTl (""') I +' -0 ::It W .. c..n 0'\ ~ ~ n'1:!'.J -0 hi :os? Qu :r: :r.ll 0-'- zO om ~ -< . ,. . - " ,.., DEBORAH GARTLAND, Plaintiff v. *~ SUMMER GARTLAND, Dcfcr:d:::nt District Court 09-3-04 CV-0219-06 SUMMARY OF FACTS Plaintiff is the mother of Defendant. In August 2005 Defendant's vehicle was totaled when hit by a drunk driver. The settlement on that accident is pending. Defendant was without the financial resources to obtain a replacement vehicle on her own. Plaintiff, in assistance of daughter, took out a signature loan of $4427.90 at 10.45% interest with monthly payment of $113.46 beginning 1 October 2005. Defendant obtained a replacement vehicle at an approximate cost of $6500.00 and paid to Plaintiff the monthly loan amount, somewhat timely, who is keeping the loan timely paid. Defendant has not made a payment since February 2006. Plaintiff has filed this action to secure the loan on the party's verbal agreement. Plaintiff has possession of the vehicle title, which is in Defendant's name without any lien. Defendant acknowledges the transaction but indicates that she never asked mother to take out a loan. Defendant further iDdicates that Plaintiff's actions in keeping information or papers from daughter have caused delays in the accident settlement. DISCUSSION The burden in every civil case is on a plaintiff, as a moving party, to show that a defendant has breached a duty, which has resulted in measurable damages. There being no formal written understanding between the parties their actions must be viewed in order to determine if a contract exists. The evidence shows that an agreement does exist in that Plaintiff took out a loan for a vehicle, which she is keeping current, and that Defendant has received value for Plaintiff's action (a vehicle) for which Defendant had made payments. This is an enforceable contract. This issue now turns to damages, which can be calculated over the life of the loan valued at $5445.62. Defendant has made five (5) payments on this amount, which reduces the outstanding balance of the loan with interest to $4878.32. Judgment is on favor of Plaintiff in the amount of $4878.32 together with the costs of this action. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. 10 August 2006 By the Court, -- IA- ~- Thomas ~Cey ~ M.D.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Term, 2006 DEBORAH GARTLAND Plaintiff vs. SUMMER GARTLAND Defendant Commonwealth of Pennsylvania County of Cumberland Before me, the undersigned officer, personally appeared DEBORAH GARTLAND, Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the defendant or respondent above named is not in the military service of the United States of America, that she has personal knowledge that the said defendant or respondent is now living at 1429 Apple Drive. Apt 154. Mechanicsburg. PA 17055 and is a resident of Cumberland County and is employed at or by Sunoco A-Plus. 5520 Carlisle Pike. Mechanicsburg. PA . Sworn and subscribed to before me this :l 0 day of /Va v e...... b-e-- 2006 ;;--::::L ~ ___". r> NOTARY PUBLIC COMMONWBALTIl OF PENNSYLVANIA Notarial Se8I Brian C. Unsenbach. Notary Public Dlllsburg Boro; York CoUnty My Commission ExpIres Mar. 11. 2007 Member, Pennsylvania AssocIation of Notaries . .. CUMBERLAND IN THE COURT OF COMMON PlEAS OF ,COUNTY, PENNSYLVANIA CIVIL DIVISION Deborah Gartland 159 Ridge Drive Di~rM~~) PA 17019 vs Summer Gartland 1429 Apple Drive Apt. 154 M~~8~~Qgfg, PA 17055 FileNo. Cl- - lea ql. l (!lu~L~~ NOTICE OF FILING JUDGEMENT ( X ) Notice is hereby given that a JUDGMENT In the above-captioned matter has been entered against you in the amount of .I./Cl90/', J ~ on --=:D $) ~.. 4 \ ;)..fX>~ ( X ) A copy of all documents filed with the Prothonotary in support of the within judgement is/are enclosed. by: . If you have any questions regarding this Notice, please contact the filing party: NAME: Bri an C. Linsenbach. Esquire ADDRESS: P.O. Box 310 124 West Harrisburg Street Dillsburg, PA 17019-0310 TELEPHONE NUMBER: (717) 432-9733 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SENT TO: NAME Summer Gartland 1429 Apple Drive Apt. 154 Mechanicsburg, PA 17055