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Case Information
Filed
2022-03-03
Status
CLOSED
Type
Civil Boardman
Docket
20 entries
Disposition
judgment
Parties
Plaintiff
Seven Seventeen Credit Union, Inc.
Defendant
Wainwright, Cody E
Lawyers
Docket Entries
- $0.00
- Issue Date: 03/04/2022 Service: SUMMONS ISSUED Method: (B) CERTIFIED MAIL Cost Per: $ WAINWRIGHT, CODY E 529 FERNDALE AVENUE JOHNSTOWN, PA 15905 Tracking No: 9414726699042185739114
- QUESTIONABLE SERVICE Method : (B) CERTIFIED MAIL Issued : 03/04/2022 Service : SUMMONS ISSUED Served : Return : 03/09/2022 On : WAINWRIGHT, CODY E Signed By : Reason : (B) QUESTIONABLE Comment : NO DATE OR SIGATURE BUT GREEN CARD CAME BACK BY IT Tracking # : 9414726699042185739114
- ANSWER FILED
- HEARING SCHEDULED Event: CIVIL PRE TRIAL (B) Date: 07/11/2022 Time: 9:45 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2 Result: UNAVAILABILITY OF COURT
- HEARING SCHEDULED The following event: CIVIL PRE TRIAL (B) scheduled for 07/11/2022 at 9:45 am has been rescheduled as follows: Event: CIVIL PRE TRIAL (B) Date: 07/25/2022 Time: 9:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2
- DUE TO THE UNAVAILABILTY OF THE COURT, HEARING SCHEDULED FOR JULY 11, 2022 HAS BEEN RESCHEDULED. NEW HEARING NOTICES HAVE BEEN MAILED OUT. /S/DJD/MKD
- *MOTION TO CONTINUE FILED. MOOT, MATTER ALREADY RESCHEDULED FOR JULY 25, 2022 DUE TO UNAVAILABILITY OF THE COURT. SPOKE WITH ATTY DATCHUK TO ADVISE CASE HAD BEEN RE-SET.
- NOTICE OF SERVICE OF PLAINTIFFS INITIAL DISCLOSURES PURSUANT TO CIV. R. 26(B)(3) FILED BY Attorney: DATCHUK ESQ, JOSEPH D (79696). MKD
- PLAINTIFFS INITIAL DISCLOSURES PURSUANT TO CIV.R.26(B)(3) FILED BY Attorney: DATCHUK ESQ, JOSEPH D (79696). MKD
- COUNSEL PRESENT FOR PLAINTIFF: JOSEPH DATCHUK ESQ COUNSEL PRESENT FOR DEFENDANT: PATRICK D MILLER DISCOVERY TO BE COMPLETED IN:60 DAYS DISPOSITIVE MOTIONS, IF ANY, IN:90 DAYS TRIAL TO:BENCH SET FOR BENCH TRIAL IN:120 DAYS OTHER: /S/ DONALD J DESANTO
- HEARING SCHEDULED Event: CIVIL TRIAL (B) Date: 11/28/2022 Time: 11:00 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2 Result: CASE SETTLED JOURNAL ENTRY TO FOLLOW
- CONSENT JUDGMENT ENTRY FILED.
- CONSENT JUDGMENT ENTRY GRANTED. /S/JMH/MKD
- NOW COME THE PARTIES, PLAINTIFF, SEVEN SEVENTEEN CREDIT UNION, INC., BY AND THROUGH ITS UNDERSIGNED COUNSEL, AND DEFENDANT, CODY E WAINWRIGHT BY AND THROUGH HIS UNDERSIGNED COUNSEL, AND CONSENT TO THE ENTRY OF THE FOLLOWING JUDGMENT: IT IS HEREBY ORDERED THAT DEFENDANT, CODY WAINWRIGHT, DOES KNOWLINGLY, INTELLIGENTLY AND VOLUNTARILY, WAVIE ALL DEFENSES TOTHE CLAIMS ALLEGED IN THE COMPLAINT, WAIVE ALL CLAIMS ARISING THEREFROM, WAIVE ALL CLAIMS AGAINST SEVEN SEVENTEEN CREDIT UNION, INC., AND WAIVE ALL RIGHTS TO APPEAL. IT IS HEREBY ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, SEVEN SEVENTEEN CREDIT UNION, INC., AND AGAINST DEFENDANT, CODY WAINWRIGHT , IN THE PRINCIPOAL AMOUNT OF $10,266.80 , PLUS ACCRUED AND UNPAID INTEREST IN THE AMOUNT OF $275.66, PLUS INTEREST ON THE PRINCIPAL AMOUNT AFTER JANUARY 27, 2022 AT THE CONTRACT RATE OD 10.74% PER ANNUM UNTIL PAID, PLUS COSTS. IT IS FURTHER ORDERED THAT EXECUTION UPON SAID JUDGMENT BE STAYED (EXCEPT FOIR THE FILING OF THE JUDGMENT LIEN) PROVIDING THAT THE DEFENDANT MAKES CONSECUTIVE MONTHLY PAYMENTS IN THE AMOUNT OF $150.00 ON OR BEFORE THE 30TH DAY OF EACH MONTH BEGINNING SEPTEMBER 30, 2022 AND CONTINUING ON THE 30TH DAY OF EACH CONSECYUTIVE MONTHTHEREAFTER , UNTIL THE TOTAL AMOUNT OF THE JUDGMENT, WITH INTEREST PLUS COSTS, IS PAID IN FULL. "BEFORE THE 30TH DAY OF EACH MONTH" MEANS THAT SAID PAYMENT MUST BE RECEIVED OR POST-MARKED ON OR BEFORE THE 30TH DAY OF EACH MONTH.THE MONTHLY PAYMENT DUE HEREUNDER SHALL BE IN THE FORM OF A CHECK OR MONEY ORDER MADE PAYABLE TO SEVEN SEVENTEEN CREDIT UNION AND BE DIRECTED TO:....THE PARTIES FURTHER AGREE THAT SO LONG AS PAYMENTS ARE BEING MADE IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN, INTEREST SHALL ACCRUE ON THE PRINCIPAL AMOUNT AT THE RATE OF 3% PER ANNUM FROM THE FILING DATE OF THIS JUDGMENT. PROVIDED, HOWEVER UPON DEFENDANT FAILURE TO MAKE ANY PAYMENT DUE HEREUNDER, THE INTEREST RATE 10.74% PER ANNUM BEGINNING ON THE CALENDER DAY IMMEDIATELY FOLLOWING THE DATE OF SUCH DEFAULT. IF ALL PAYMENTS ARE TIMELY MADE, PLAINTIFF SHALL MARK THIS JUDGMENT SATISFIES IN FULL. IN THE EVENT THAT DEFENDANT FAILS TO TIMELY MAKE ANY SAIF PAYMENTS, PLAINTIFF WITHOUT FURTHER NOTICE OR DEMAND SHALL BE ABLE TO EXECUTE UPON THE FULL AMOUNT OF JUDGMENT, BY ANY LEGAL MEANS AVAILABLE TO IT, AFTER FIRST GIVING CREDIT TO DEFENDANT FOR ALL PAYMENTS MADE. DEFENDANT MAY MAKE PAYMENTS LARGER THAN STATED HEREIN, OR MAY PAY THE BALANCE DUE, AT ANY TIME WITHOUT PENALTY. HOWEVER IF DEFENDANT PRE-PAYS PART OF WHAT IS OWED, SUBSEQUENT PAYMENTS WILL REMAIN DUE AS SCHEDULED. WHILE PAYMENTS ARE MADE HEREUNDER AND ARE CURRENT AND THIS AGREEMENT IS NOT IN DEFAULT, PLAINTIFF SHALL TAKE NO ACTION TO ENFORCE THE JUDGMENT. PROVIDED, HOWEVER PLAINTIFF MAY BUT IS NOT REQUIRED TO TAKE ACTION TO CREATE AND MAINTAIN ALL LIENS AVAILABLE TO JUDGMENT CREDITORD UNDER ALL APPLICABLE LAW, WHILE THE PAYMENTS HEREIN ARE BEING MADE, AND TO CONTINUE AND RENEW THE LIENS AND THE JUDGMENT AS NECESSARY IN ITS DISCRETION. IN THE EVENT OF A DISPOSITION, VOLUNTARY OR INVOLUNTARY, OF ANY LIENED ASSETT, PLAINTIFF SHALL BE ENTITLED TO (BUT NOT REQUIRED TO) ASSERT ITS LIEN AND PARTICIPATE IN ANY PROCEEDS THEROF ARISING FROM ITS LIEN AND PARTICIPOATE IN ANY PROCEEDS THEROF ARISING FROM ITS LIEN, NOTWITHSTANDING THIS CONSENT JUDGMENT. SUCH PARTICIPATION IN PROCEEDS SHALL BE DEEMED AN EARLY PAYMENT HEREOF, WITH CREDIT GIVEN FOR ALL NET PROCEEDS (NET OF COSTS) SO REALIZED, APPLIED FIRST TO COSTS, AND THEN TO PAYMENTS. THIS IS A FINAL ORDER. THE CLERK SHALL SO JOURNALIZE THIS JUDGMENT ON THE COURT'S RECORDS AND NOTE THE DATE OF SUCH JOURNALIZATION, AND FURTHER, NOTIFY ALL PARTIES OF THIS JUDGMENT. ALL PARTIES HERETO AGREE AND HEREBY WAIVE ALL RIGHTS TO APPEAL THIS ORDER./S/JMH/MKD
- CONSENT JUDGEMENT MAILED TO CODY WAINWRIGHT RETURNED FROM POST OFFICE NOT DELIVERABLE AS ADDRESSED. MKD
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