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HomeMy WebLinkAbout07-34941 TM OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT l I ? , COMMON PLEAS No. 3LI 91f L4j L? NOTICE OF APPEAL `T Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME F PPELLANT TI / MAG. DIST. NO. NAM?jOF .J. h IN k'. CV-60060 This block will be signed ONLY when thid notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was NOTICE OF APPEAL D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (Common Pleas No. Q 7 ..?y U v(? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 1 ?Signature of appellant or attorney or agent RULE: To 4-appellee(s) game of hhp4llee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: J« e_ /q,20 o7 of YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER riling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 1 ? ? rv ? r rww v 2 t.. ?, f) ? _., rsz -am A ri ? C: 11'1 ` ' CO ? fi COMMONWEALTH OF PENNSYLVANIA I?VVIV 1 1 VI Mag. Dist. No.: 09-1-02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IN- IDLA'ND CREDIT MANAGZ[ENT INC 4660 TRINDLE RD APT/STE 300 C/O VOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS ALAN rDORNART , 204 S 2ND ST APT/STE 1 WORMLEYSBORG, PA 17043 L J Docket No.: CV-0000068-07 Date Filed: 3/09/07 MDJ Name: Hon. ROBERT V. MANLOVE Address: 19.01 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0583 ALAN DORNART 204 S 2ND ST APT/STE 1 WORMLEYSBDRG, PA 17043 s 17011-0000, THIS IS TO NOTIFY YOU THAT: Judgment; ;DEFAULT JUDGMENT PLTF' (Date of judgment) 5/15/07 rX1 Judgment was entered for: (Name) MIDLAND CREDIT MA?TAGEI![S>tIT INC ® Judgment was entered against: (Name) DORKART, ALAN in the amount of $ 1, 484.6 ? Defendants are jointly and severally liable. ? Damages will be assessed on Date & TimeL F]This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ 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 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. G Date Amount of Judgment $ 1,407.68 Judgment Costs $ 77.00 Interest on Judgment $ Attorney Fees $ .00 Total $ 1,484.68 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ??. 697-D37I ? ??oJS * h M gistori4i; bis?rict Judge ings containfngthe judgment. j I or-6toct Judge I certify that this is a true a corr opy r th C? Date My commission expires first Monday of January, 2012 AOPC 315-06 DATE PRINTED: 5/15/07 9:29:00 AM A SEAL COMMONWEALTH OF FENN5YLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6117 • 31-1 ?q NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. nnM r rtLuvn i C7I C'( AY 1 ,,. 1 - Q .? .yt .., .. f?0 )or-* V `, ADDRESS OF APPELLANT CITY Y $?AZE / ZIPj ODE ob, DATE OF JUDGMENT -/, 5 --0 7f IN TH CASSE?°F (Ple' tdn f' r ?1 1 r 7 r . , f ryl` r ? Pi?{r'n f vs 14 /01) (Defendant)' $,; () r ?- r- V -4)00()06'q-0"7 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. -- - - ---- ---- xi was Claimant (see Pa. R.C.P before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary J Enter rule upon .I,'/ ?>` /) ,/? ? ? f appellee(s), to file a complaint in this appeal ame of appellee(s) (Common Pleas No. ?' within twenty (20) days after service of rule or suffer entry of judgment of non pros. I ?'? ry p qp? ?? Signature of appellant or attamey or agent t RULE: To appellee(s) Name of appellee(s) { I (1) You are notified that a `rWeds' hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon1W.,byapersbri4l seryi`cs,or by certified or registered mail. (2) If yqu do not file a complaint $It hirYlhis time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3)e date of service of this rule if service was by mail is the date of the mailing. 4 (Jy Date. J GGt ?' F< N :.2E1 Signature of Prothonotary or D p YOU MU0NJN?LUPE ' ,C 6_0Y`,Qf THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 's? r r AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE C r.} v ti Z- 71 m C PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served Ef a copy of the Notice of Appeal, Common Pleas ?j,7 upon the District Justice designated therein on (date of service) ?J?? 20_47 7 l? by personal service ? by (certified) (registered) mail, r ) 1 on sender's receipt attached hereto, and upon the appellee, (name) i% l f Hlifj T?dL ma ,/ V4? 2 2007 ,- t,tQby personal service LJ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -?4LVA 20.02_. Signature o o I o affidavit was made Title of official Notarial eal Cathy L. Y ngblood, N*tary Public My commission expires on F 6U]"WIrl- „berland County My Commission Expires June 22, 2010 Member, Pennsylvania Association of Notaries Signature of affiant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC : No. 07-3494 Civil Term ASSIGNEE OF ASPIRE 8875 AERO DRIVE SUITE 200 SAN DIEGO CA 92123 : CIVIL ACTION - LAW Plaintiff vs ALAN DORWART 204 S 2ND ST #1 WORMLEYSBURG PA 17043 Defendant(s) Filed on behalf of: Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. Counsel of record for this party: Date: Amy F. Doyle # 7062 / Danie F Wolfson 0617 Philip C. Warho 'c #863 / David R. Galloway #87 Tonilyn M. Chippie #87852 / Sarah E. asz 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. 171829785 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC : No. 07-3494 Civil Term ASSIGNEE OF ASPIRE Plaintiff CIVIL ACTION - LAW vs ALAN DORWART Defendant(s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend W&A File No. 171829785 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC : No, 07-3494 Civil Term ASSIGNEE OF ASPIRE Plaintiff CIVIL ACTION - LAW vs ALAN DORWART Defendant(s) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend W&A File No. 171829785 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff vs ALAN DORWART Defendant(s) COMPLAINT CIVIL ACTION - LAW No. 07-3494 Civil Term AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE , located at 8875 Aero Drive Suite 200 San Diego, CA 92123. 2. Defendant, ALAN DORWART, is an adult individual with a last known address of 204 S 2Nd St #1 Wormleysburg, Cumberland County, PA 17043. 3. It is averred that Defendant was issued an open end credit account (hereinafter "Account") 4. At all relevant times material hereto, Defendant has been a regular user of said Account for the purchase of products, goods and/or for obtaining services. 5. Defendant was provided with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A". CCP Cmph - WOR & AF 4 W&A File No. 171829785 6. Defendant did not object to the above-mentioned statements submitted by Plaintiff and/or its assignors to Defendant. 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant and/or any authorized users is the sum of $1,245.89. 8. Interest has accrued from the charge off date at a rate of 6 %. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $185.75. 10. Despite reasonable and repeated demands for payment, Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 11. Plaintiff performed any and all conditions precedent to the bringing of this action. 12. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR & AF W&A File No. 171829785 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $1,245.89, plus interest in the amount of $185.75, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: Amy F. Doyle #87062 / Dan' Ifseff 42Q6117 Philip C. Warh is #86 / David R. Galloway #87326 Tonilyn M. Chippie #87 ara asz 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 CCP Cmplt - WOR & AF W&A File No. 171829785 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Pleading are true and correct to the best of their knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F. Doyle 7062 / Danie DPhilip C. Warholic #8 /David R. alloway #87326 Tonilyn M. Chippie # ar asz 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 CCP Cmplt - WOR & AF W&A File No. 171829785 Exhibit "A" ACCOUNT# 4134810000968373 CLIENT# 001846 ACCT BALANCE 1,245.89 LPYMT DT 12/30/04 CLIENT NAME MIDLAND C/O DT OPLAINTIFF# 000000000 *CC2-DEBT-NAME *CC2-DEBT-SALUT*CC2-DEBT-ALIAS DORWART/ALAN *CC2-DEBT-ADDR *CC2-DEBT-CITY-ST *CC2-DEBT-ZIP*CC2-DEBT-PHONE 204 S 2ND ST APT 1 WORMLEYSBURG,PA 17043 7177618416 *CC2-DEBT-FAX*CC2-DEBT-SSN *CC2-RFILE-NR*CC2-DEBT-DOB*CC2-DEBT-DRIVERS-LIC XXX-XX-1351 *CC-REC-TYPE*CC-FILENO *CC-FORW-FILE *CC-MASCO-FILE *CC-FORW-ID 01 8513771665 4134810000968373 CA20.VER1 *CC-FIRM-ID*CCl-DATE-FORW*CCl-LIST-FORW*CCl-COMM*CCl-SUIT-FEE*CCl-ORIG-AMT-OUT MD16.LAW 12/30/06 27.0 .00 1,245.89 *CC1-INT-AMT-OUT*CC1-ORIG-INT-DATE*CC1-CRED-NAME .00 ASPIRE VISA *CC1-CRED-NAME2 *CCl-CRED-ADDR *CCI-CRED-CITY-ST ASPIRE VISA *CCI-CRED-ZIP*CCI-BAL-AMT-OUT*CCI-TYPE*CC1-LPAY-DATE*CC1-LPAY-AMT-OUT 0000000124589 12/30/04 .00 CHARGE OFF DATE 08/19/05 OPEN DATE 11/16/00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF ASPIRE : No. 07-3494 Civil Term Plaintiff VS ALAN DORWART Defendant(s) CERTIFICATE OF SERVICE CIVIL ACTION - LAW The undersigned does hereby certify that a true and correct copy of the Appeal Complaint was served upon the individual(s) listed below by Certified and Regular Mail, Postage Pre-Paid on this day of June, 2007. ALAN DORWART 204 S 2ND ST #1 WORMLEYSBURG, PA 17043 Amy F. Doyle #87162 / Dan:David son #20617 Philip C. Warholic 863 / alloway #873?b' Tonilyn M. Chippie 78 ara asz 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. 171829785 C"J "tea ? C? ? -r1 -. 7 C. CX) rn ; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff No. 07-3494 CIVIL TERM VS CIVIL ACTION - LAW ALAN DORWART Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), ALAN DORWART , for failure to answer the Complaint. (X) Amount due TOTAL $1,431.64 $1,431.64, 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 praecipS_wW a copy of the notice is attached. Date: Amy F. Doyle #870 2 / D o Philip C. Warholic # / David R. Galloway #87326 Tonilyn M. Chippie 48 ar asz Robert N. Polas, Jr. 4201259 / 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_01_, JUDGMENT IS ENTERED AS ABOVE. r thonotary/Clerk, Civil Divis' n By: Deputy W&A File No. 171829785 MAIN OFFICE TWO IRVINGTON CENTRE 702 KING FARM BLVD., ROCKVILLE, MD 20960 REGIONAL OFFICES 10605 AL DR., . A-5, FAIRFAX, VA 22030 17 WEST CARY STREET, RICHMOND, VA 23220 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 919 N. MARKET ST., STE. 1300, WILMINGTON, DE 19899 1 VALLEY BANK BID(',, BOX 1224 C ARKSBURG, WV 28302 4660 TRINDLE ROAD, 3RD FLOOR, CAMP HILL, PA 17011 301 GRANT ST., STE. 4300, PITTSBURGH, PA 15219 28632 ROADSIDE DR., STE. 266, AGOURA HILLS, CA 91301 39500 NIGH POINTE BLVD., STE. 250, NOVI, MI 48375 300 CANAL VIEW BLVD., ROCHESTER, NY 14623 5215 N. O'CONNOR BLVD., STE. 1060, IRVING. TX 75039 3200 SOUTHWEST FREEWAY, STE. 3300, HOUSTON, TX 77027 111 SOLEDAD ST., STE. 300, SAN ANTONIO, TX 78205 1201 PEACHTREE STREET, STE. 1717, ATLANTA, GA 30361 301 CARLSON PKWY., STE. 303, MINNETONKA, MN 55305 4643 S. ULSTER ST., STE. 80Q DENVER, CO 80237 5355 TOWN CENTER RD, STE. 1002, BOCA RATON, FL 33486 ALAN DORWART LAW OFFICES WOLPOFF 8f ABRAMSON, L.L.P. Attomeys in the Practice of Debt Collection (A National Coiiectlon Attorney Network Firm) 4660 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 (TOLL FREE) (800) 830-2793 FACSIMILE (866) 281-9028 PLEASE DIRECT ALL INQUIRIES TO THE CAMP HILL OFFICE July 19, 2007 NATIONAL COLLECTION ATTORNEY NETWORK AVALMED FI M LOCATIONS [NOT R A OFFICES OF WOLPOFF & ABRAMSON. L.L.P.I BIRMINGHAM, ALABAMA ANCHORAGE. ALASKA PHOENIX, ARIZONA LITTLE ROCK, ARKANSAS EAST HARFORD, CONNECTICUT HONOLULU, HAWAII BOISE, IDAHO CHICAGO, ILLINOIS MERRILLVILLE, INDIANA KANSAS CITY, KANSAS LEXINGTON, KENTUCKY FARGO, NORTH DAKOTA CLEVELAND, OHIO OKLAHOMA CITY, OKLAHOMA EUGENE, OREGON PROVIDENCE, RHODE ISLANI COLUMBIA, SOUTH CAROLIN) KNOXVILLE, TENNESSEE SANDY,UTAH MILWAUKEE, WISCONSIN RAWLINS. WYOMING SEATTLE, WASHINGTON MONTANA * The National Collection %SKA Attorney Network is an VADA affiliation of separate law time: NEW HAMPSHIRE S, NEW JERSEY W&A Hours of Operation: fH CAROLINA 8 a.m. - 6 p.m. M-F 204 S 2ND ST #1 WORMLEYSBURG, PA 17043 _ W&A File No. 171829785 RE: MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF ASPIRE vs. ALAN DORWART Dear Alan Dorwart: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Enclosure cc: 444 Amy F. Doyl 87062 / I)Aniet, 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, Wolpoff & Abramson, L.L.P. Camp Hill, PA 17011 Telephone: (800) 830-2793 Counsel for Plaintiff This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. NO. 07-3494 Civil Term ASSIGNEE OF ASPIRE Plaintiff VS. CIVIL ACTION - LAW ALAN DORWART Defendant(s) TO: ALAN DORWART 204 S 2ND ST #1 WORMLEYSBURG PA 17043 DATE OF NOTICE: July 19, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Amy F. Doyle 661/ iel IF. Wolfson #20617 Philip C. Warh is #863 / 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. 171829785 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff vs. ALAN DORWART Defendant(s) No. 07-3494 CIVIL TERM CIVIL ACTION - LAW 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, Alan Dorwart, above-named, is over 21 years of age; is last known to reside at 204 S 2Nd St, Wormleysburg, 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: e 6 V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy R. lMse, Notary Public Hampden Twp., Cumberland County My Commission F)#m Nov. 30, 2010 Moftor, PenneyNania AssodaWn of NOW W Amy F. oy e #87 62 / Danie son 420617 Philip C. Warholi #86 / D 7326 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 SWORN and SUBSCRIBED to before me this ? day of , 20 V'7 ?? 11? V i .o Notary Public W&A File No. 171829785 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff VS. ALAN DORWART Defendant(s) No. 07-3494 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Midland Credit Management, Inc. 8875 Aero Drive Suite 200 San Diego CA 92123 and certify that the last known address of the within Defendant(s) is: Alan Dorwart 204 S 2Nd St #1 Wonnleysburg PA 17043 Date: Amy F: Doyle Jc 7062 /Dam Philip C. War#86 / David R. Galloway #873 Tonilyn M. Chippie #87852 ar asz 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. 171829785 .69- s p r,a C7 Crl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC No. 07-3494 Civil Term ASSIGNEE OF ASPIRE Plaintiff CIVIL ACTION - LAW VS. ALAN DORWART Defendant(s) NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $1,431.64, plus interest, on 11 , 20_V_. (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. By: /-S / dw"- 1?.. Ora If you have any questions regarding this Notice, please contact the filing party. Date: 46 Amy F. Doyle # 062 / Dan' Philip C. Warholi R navirl R Tallnwav #R7326 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 This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Alan Dorwart 204 S 2Nd St #1 Wormleysburg PA 17043 W&A File No. 171829785 . • PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN DORWART Defendant(s) JUDGMENT NO. 07-3494 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 $1,431.64. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,ALAN DORWART located at 204 S 2ND ST #1, WORMLEYSBURG, PA 17043, Defendant(s) (3) and against, COMMUNITY BANKS located at 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17015, Garnishee(s); (4) and index this writ (a) against, ALAN DORWART , Defendant(s) and (b) against, COMMUNITY BANKS, 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 COMMUNITY BANKS located at 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17015, Gamishee(s). All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes Feceivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $1,431.64 Interest from 08/21/2007 To Be Determined At an interest rate of 6% per year Total $1,431.64 Plus costs & interest Date: il 6 lo U_ xa? A ?anF. Wolfson J?fi David R. Galloway #87326 'fonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Ronald S. Canter #94000 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4664 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 171829785 XXX-XX-1351 -1- o6 (rJ er t/ u ? o C o r? l ,o I w M f c r- :s rv t?O iJ C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3494 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE, Plaintiff (s) From ALAN DORWART, 204 S 2ND ST. #1, WORMLEYSBURG, PA 17043 (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 COMMUNITY BANKS, 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 - 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 $1,431.64 L.L. $.50 Interest FROM 8/21/2007 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $119.25 Plaintiff Paid Date: NOVEMBER 29, 2007 (Seal) Due Prothy $2.00 Other Costs 21m Cu 4isR. gLoJ4i-onoVt By: 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 Deputy Supreme Court ID No. 87852 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-03494 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MIDLAND CREDIT MANAGEMENT INC VS DORWART ALAN And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:10 Hours, on the 5th day of December_, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DORWART_ ALAN hands, possession, or control of the within named Garnishee COMMUNITY BANKS 1196 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MICHELLE ROBINSON (SEN. CSR) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . , in the true and made Sheriff's Costs: So answers: Docketing .00 Service .00.G ?a Affidavit .00 'R.. Thomas Klin Surcharge .00 Sheriff of Cumberland County .00 0 0 ??iZr. 1.z/1o/a 12/05/2007 Sworn and Subscribed to before me this day of By I Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT. MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LL.c ASSIGNEE OF ASPIRE Plaintiff No. 07-3494 CIVIL TERM VS ALAN DORWART Defendant(s) CIVIL ACTION - LAW INnRRROGATORIES TO GARNISHEE TO: COMMUNITY BANKS 1196 WALNUT BOTTOM ROAD CARLISLE, PA 17015 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. W&A File No. 171829785 XXX-XX-1351 Ilk AV INTERROGATORIES TO GARNISHEE DEFENDANT(S) - ALAN DORWART 1 • DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. Defendant has one deposit account, #xxxxxxxx0196, with no available balance. IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. No 3. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. Yes, see answer to #1 above. 4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver any mone or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any y claim of the defendant against you? Garnishee allows debits to be paid up to the $300.00 exemption. 5. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. No W&A File No. 171829785 XXX-XX-1351 Ilk y AV 4 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whet not Defendant(s) owns any personal property that was in our her or possession anor control. If so a full desc all personal property giving full value and present location. State on of also w ether or not there are,anylencumbrances orrtli ens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If t Defendant(s) owns any personal property jointly with any person or persons, give names and address. he No 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existe any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth allof details concerning those asset. None 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time did hold as a fiduciary any property in which any Defendant(s) had an interest? the nature of the property including its value and the interest of Defendants so, please describe for each Defendant(s) No 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged b against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline he by ou amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. None Date: - - _- Tru 1w "amei r. Wolfson #20617 Tulip C. Warholic #86341 David R. Galloway #87326 Tom yn ippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Ronald S. Canter #94000 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. 171829785 XXX-XX-1351 R • , a VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: December 21, 2007 Catherine M. Bush, Secretary and Legal Counsel Susquehanna Bank PA 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 N - - n 72 -? rid r*t r CC;, r? r 1 GT a crik . ?^ 2c? _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff VS ALAN DORWART Defendant(s) No. 07-3494 Civil Term CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, COMMUNITY BANKS, discontinued, upon payment of your costs only. Respectfully Submitted, Date: d` Amy F. Doyle Philip C. Warl Sarah E. Ehas Robert N. Polas, Jr. #201259 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 #86469 W&A File No. 171829785 N v a R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 0 Sheriffs Costs 85.99 Docketing 18.00 64.01 Poundage 1.69 _ Advertising Law Library .50 Prothonotary 2.00 Refunded on 07/29/08 Mileage 4.80 Misc. Surcharge 20.00 Levy 30.00 Post Pone Sale Certified Mail. Postage Garnishee 9.00 _ TOTAL 85.99 8 -I 3 -O $ So Answers, -" f+ R. Thomas Kline e eriff By k ail 0a _ ro -?C( e Gsir9 Rte- a?3vG. ?, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3494 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE, Plaintiff (s) From ALAN DORWART, 204 S 2ND ST. #1, WORMLEYSBURG, PA 17043 (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 COMMUNITY BANKS, 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 - 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 $1,431.64 L.L. $.50 Interest FROM 8/21/2007 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $119.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: NOVEMBER 29, 2007 (Seal) C s R. Lon on to By: 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. 87852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of COLUMBUS BANK AND TRUST V. Plaintiff ALAN DORWART NO. 07-3494 Civil T CIVIL ACTION - LAW Defendant(s) ? o ' L Fri a -0 ENTRY OF APPEARANCE ` _ TO TH E PROTHONOTARY: `71 i dl K n y enter the undersigned as counsel for Plaintiff in the captioned matter. C) Respectfully Submitted, By: / David R. Galloway 87326 Fulton Fri =Pa' Gullace, LLP Counsel ftiff Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 Tel: (866) 563-0809 Fax: (585) 546-4241 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: ALAN DORWART 204 S 2ND ST APT 1 WORMLEYSBURG PA 17043 FFG File #: 148353 11111111111 IN 11111111111111 1111111111111111111 IN IN 1111 David R. Gallo ay Date Attorney ID 7326 PA/PA_EOA