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HomeMy WebLinkAbout07-1843 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff VS BRYAN K HOWER Defendant(s) No. 0.7 --/Pla CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT l: l v ? l? Please enter Judgment in favor of Plaintiff and against Defendant(s), BRYAN K HOWER, for failure to answer the complaint. (X) Amount due Less credits TOTAL $3,049.77 $0.00 $3,049.77, plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: 3 Amy . Do'yl 706'r/-Daniel F. Wolfson #20617 Philip C. Wa olic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, , 20 , JUDG IS 4RO AS ABOVE. ?Prothon Lary/Cl it Di Sion By: Deputy W&A File No. 156202621 COMMONWEALTH OF PENNSYLVANIA COUNTY OF• CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK !MARTIN Address: 507 N YORE ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 ATTORNEY FOR PLAINTIFF : DAVID B. GALLOWAY 4660 TRINDLE RD CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FPALISADES COLLECTION/ASSIGN AT&T 7 4660 TRINDLE ROAD APT/STE 3RDF WOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS rROVER, BRYAN R ? 2543 BOLO COURT MECHANICSBURG, PA 17055 L J Docket No.: CV-0000285-06 Date Filed: 8/03/06 r (Date of Judgment) 9/01/06 Judgment was entered for: (Name) VOLPOFF A ABRAMSON ® Judgment was entered against: (Name) HOMER, BRYAN X in the amount of $ 3,049.77- Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time ? This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,964.2 Judgment Costs $- 5 Interest on Judgment $'? Attorney Fees $ .0 ITotal $ 3,049.771 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 JUDGMENT/TRANSCRIPT 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 MAY BE ISSUED BY THE MAMSTERIAL 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. l ? Sl?zc?z ?z l ?2/e% Date Magisterial District Judge artify that this is a true and c t 7of rcord of the proceedings containing the judgment. I Sate Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATE PRINTED: 9/02/06 7:40:00 AN N _ S5a' PZ 1 •• V :Z) N C W JA IN 4 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T No. 61> L Fi21?-1 Plaintiff VS CIVIL ACTION - LAW BRYAN K HOWER Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Bryan K Hower, above-named, is over 21 years of age; is last known to reside at 2543 Rolo Ct Mechanicsburg, County of Cumberland, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. Date: Amy F. Doyl 706 aniel F. Wolfson #20617 Philip C. Wa holic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection COMMONWEALTH OF PENNSYLVANIA 4660 Trindle Road, Suite 300 Notarial Seal Camp Hill, PA 17011 Amy R. Wise, Notary Public Telephone: (717) 303-6700 HamAden Twp., Cumberland County My Comn issio_n_Expires KIN 'V, 201€ Counsel for Plaintiff Member, Pennsyivania Association ei ldoiaries SWORN and SUBSCRIBED to before me this lff?%y of 111a(ch-, 2009 Notary Public W & A File No. 156202621 C=5 ? rt t Y? =-r C J _ v L cam..-. ti P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. r ASSIGNEE OF AT &T No. ©7 - ( F4.3 ?iv?L ??/?-?'l Plaintiff VS CIVIL ACTION - LAW BRYAN K HOWER Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Palisades Collection,L.L.C. 210 Sylvan Avenue Englewood Cliffs NJ 07632 and certify that the last known address of the within Defendant(s) is: Bryan K Hower 2543 Rolo Ct Mechanicsburg PA 17055 Date: ? `? IlklIv ' Amy F. Doyl 8 062 / aniel F. Wolfson #20617 Philip C. W olic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 156202621 [ = TT3 _ N a -j Na { CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. No. 0/7 r py 3 (fl v %?CC_Tj,2? ASSIGNEE OF AT &T Plaintiff VS CIVIL ACTION - LAW BRYAN K HOWER Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: BRYAN K HOWER 2543 ROLO CT MECHANICSBURG, PA 17055 Y are h reby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on T_ 3 . 1 ,( • in accordance with the provisions of Pa. R.C.P. 236. ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( ) Judgment of ( ) Confession ( ) Verdict ( ) Default ( ) Non-suit ( ) Non-pros ( ) Arbitration Award (X) Judgment is in the amount of $3,049.77, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $1,816.83, attorney's fees in the amount of $363.37, interest in the amount of $784.07, plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department of Transportation. By: Az-? rothono If you have any questions regarding this Notice, please contact the filing party. Date: Amy F. Doyle ,4062 / Daniel F. Wolfson #20617 Philip C. War olic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 W&A File No. 156202621 Telephone: (717) 303-6700 Counsel for Plaintiff PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff VS. BRYAN K HOWER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 07-1843 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $3,049.77. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,BRYAN K HOWER located at 2543 ROLO CT, MECHANICSBURG, PA 17055, Defendant(s) (3) and against, COMMERCE BANK located at 20 NOBLE BLVD # 1 , CARLISLE, PA, Garnishee(s); (4) and index this writ (a) against, BRYAN K HOWER , Defendant(s) and (b) against, COMMERCE BANK, Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) ***GARNISH ONLY*** You are directed to attach the property of the Defendant(s) not levied upon in the possession of COMMERCE BANK located at 20 NOBLE BLVD # 1 , CARLISLE, PA . , Garnishee(s). All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $3,049.77 Interest from 04/03/2007 To Be Determined At an interest rate of 6% per year Total $3,049.77 Plus costs & interest Date: bL& P/,, 4'k ( ), t 'I Amy F. Do le #87064 V Daniel olfson #20617 Philip C. Warholic #8V341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 156202621 XXX-XX-1081 wry to V? n ?r i.i V C w 3kC Su Gz C'_l C?7 -G ,VP-. '% WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PALISADES COLLECTION, L.L.C., ASSIGNEE OF AT &T, Plaintiff (s) From BRYAN K. HOWER, 2543 ROLO CT., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 20 NOBLE BLVD # 1, CARALISLE, PA - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. 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 $3,049.77 L.L. $.50 Interest FROM 5/3/07 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: JUNE 29, 2007 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name PHILIP C. WARHOLIC, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 86341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff VS BRYAN K HOWER Defendant(s) No. 071843 Civil Term CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, COMMERCE BANK, discontinued, upon payment of your costs only. Respectfully Submitted, G Date: V f 4/44? 7 Amy F. Doyle #87064/ Daniel F. Wolfson #20617 Philip C. Warholic #016341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 156202621 d N ! y SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-01843 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PALISADES COLLECTION L L C VS HOWER BRYAN K And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:43 Hours, on the 11th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT TT/IT.T=n nn N7 T AT V hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JONATHAN CARBAUGH (ASST MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge , in the true and made So answers: .00 011 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 07/12/2007 Sworn and Subscribed to before me this day of BI A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED per lettht of request from Attorney PHilip Warholic. r c Sheriff's Costs: Docketing $18.00 Poundage 65.08 y Law Library .50 Prothonotary 2.00 Service 4.80 Garnishee 9.00 Surcharge 30.00 Levy 20.00 $149.38 ?011* ?- ?4? R. 'T'homas Kline, Sheriff Real Estate Sergeant Lu;)1 ?t 0 U M V c CA f4G l?? -/ ?11,316 7 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1843 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PALISADES COLLECTION, L.L.C., ASSIGNEE OF AT &T, Plaintiff (s) From BRYAN K. HOWER, 2543 ROLO CT., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 20 NOBLE BLVD # 1, CARALISLE, PA - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the gamishee(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 $3,049.77 L.L. $.50 Interest FROM 5/3/07 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: JUNE 29, 2007 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name PHILIP C. WARHOLIC, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 86341 ..-. % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff VS BRYAN K HOWER Defendant(s) No. 07-1843 Civil Term CIVIL ACTION - LAW PRAECIPE TO SETTLE AND SATISFY Please mark the judgment in the above-entitled cause as paid and satisfied. Respectfully Submitted, Date: Cc: BRYAN K HOWER By: Amy F. Doyle #8706 / Dan' son 17 Philip C. Warholic #8 / David R. Iloway #87326 Tonilyn M. Chippie #87a Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 156202621 ? a ? .?._ '?;` ?= ? ? ' ? ? ? f? .?- ? w? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. No. 07-1843 Civil Term ASSIGNEE OF AT &T Plaintiff vs. CIVIL ACTION - LAW BRYAN K HOWER Defendant(s) The undersigned does hereby certify that a copy of the foregoing praecipe was served this ate by Regular Mail, Postage Pre-Paid on this jo&ay of w 20R. Bryan K Hower 2543 ROLO CT MECHANICSBURG, PA 17055 bu&u 0. m maw Brandi M. Moody- Quality Contro WOLPOFF & ABRAMSON, L.L. . Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 156202621 L n C.,