HomeMy WebLinkAbout07-3843A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND CREDIT M.!d tY N T
ASPIRE VISA
Plaintiff
No. 07 - Sew
VS
MARY BACKENSTOSS
Defendant(s)
CIVIL ACTION - LAW
PRAECIPE FOR JUDGMENT
Please enter Judgment4n favor of Plaintiff and against Defendant(s), MARY BACKENSTOSS , for want of pursuant to the
District Justice Transcript.
(X) Amount due : $1,484.60
TOTAL $1,484.60, plus interest and costs
( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is
calculable as a sum certain from the complaint.
( X ) Pursuant to Pa.k.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has
been mailed to each other party, who has appeared in the action or to his/her Attorney of Record.
( ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to
the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten
days prior to the date of the filing of this praecipe and a copy of the notice is attached.
Date: U / f 47 z
Amy F. oyle #870 2 / Daniel F. Wolfson #20617
Philip C. Warholic #86341 / David R. Galloway #87326
Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837
Ronald S. Canter #94000 / Ronald M. Abramson #94266
Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
NOW, 207, JUDG IS ENTERE S ABOVE.
Protho otary/Clerk, C' ivisi
By:
Deputy
W&A File No. 170378161
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"COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDIE TOHZT$ COMKONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
N ?-?
OTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
kEDLAND CREDIT MIGHT/ASPIRE VISA
4660 TRINDLE ROAD APT/STE 300
WOLPOFF A ABRAMSON LLP
LCAXP HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
rBACKMOTOSS, MARY ?
2015 CARLISLE ROAD
CAMP HILL, PA 17011
MIDLAND CREDI UNGI [T/ASPIRE VISA L J
4660 TRINDLE ROAD APT/STE 300 Docket No.: CV-0000056-07
WOLPOFF A ABRAMSON LLP Date Filed: 1/29/07
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment- _ AULT JODGIIIBPT PLTF spate of Judgment)
® Judgment was entered for: (Name)
® Judgment was entered against: (Name
in the amount of $, 1,484.6
F1 Defendants are jointly and severally liable.
Damages.will be assessed on Date & Time
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 T
Amount of Judgment $ 1,195.39
Judgment Costs $ 76.00
Interest on Judgment $_ 213 •
Attorney Fees $ .00
Interest Rate: 6%
Total $ 1,484.60
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 OTHI PROVIDED IN RULES OF PROCEDURE FOR MAGISTERIAL DISTRICT JUDGEMENT HOLDER EILECTS O ENTERT HE JUDGMENT'INI THE COURT OF COMMON PLEAS,. ALL RTHERPROCIF THE
ESS:MUST- -
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY HE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT I$ 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.
/7D37
FEB 2 7 2001 Date Magisterial District Judge
I certify that this is a truell d orrec cop ff cord a ceedings containing the judgment.
9 2007 Date `?(^ Magisterial District
Judge
My commission expires first Monday of January, 2008 SEAL
AOPC 315-06
DATE PRINTED: 2/28/07 11:37:00 AN
MIDLAND CREDIT MNGI[T/ASPIRE VI
BACSENSTOSS, MARY
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APR 1 0 2001
MAR 1 2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND CREDIT MV& /I T
ASPIRE VISA
Plaintiff
VS
MARY BACKENSTOSS
Defendant(s)
No. e ) '-I - 2pq3
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, Mary
Backenstoss, above-named, is over 21 years of age; is last known to reside at 2015 Carlisle Rd Camp Hill, 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. Doyle #8 62 / Daniel F. Wolfson #2060
Philip C. WarholiE #873fi1 / 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
`'OIVif°'JNV''JLAL 11-4 OF PENNSYLVANIA Telephone: (717) 303-6700
Notarial Seal ounsel for Plaintiff
Kimoeny L. Eisenhauer, Notary Public
Hampden rwp., Cumberland County
iMY Commission Expires Nov. 17, 0009
?`:ribar, P••°n?sylvanis Association of Noiaries
SWORN and SUBSCRIBED to before me this -ID day of , 20u
Notary Public
W & A File No. 170378161
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND CREDIT M,N ?• H T
ASPIRE VISA No. d'`j - 3 ?[tnl??
Plaintiff
VS
CIVIL ACTION - LAW
MARY BACKENSTOSS
Defendant(s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise address of Plaintiff is:
Midlalnd 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:
Mary Backenstoss
2015 Carlisle Rd
Camp Hill PA 17011
Date: f /b
Amy F. Doyle #8706#/ Daniel F. Wolfson #20617
Philip C. Warholic 6341 / 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. 170378161
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND CREDIT MN G M T
ASPIRE VISA
Plaintiff
VS
MARY BACKENSTOSS
Defendant(s)
TO: MARY BACKENSTOSS
2015 CARLISLE RD
CAMP HILL, PA 17011
No.
CIVIL ACTION - LAW
NOTICE OF ORDER, DECREE OR JUDGMENT
Yo are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on
)(1 Fr ?? 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 $1,484.60, plus costs.
(X) District Justice transcript of judgment in civil action in the amount of $1,195.39, attorney's fees in the
amount of $0.00, interest in the amount of $213.21, 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
If you have any questions regarding this Notice, please contact the filing party.
Date: ly r/ IYJ/1 / z Z/.
Amy F. Doyle # 06 / Daniel F. Wolfson #20617
Philip C. Warh is #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
W&A File No. 170378161 Counsel for Plaintiff
thonotary
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 VISA
Plaintiff
VS.
MARY BACKENSTOSS
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JUDGMENT NO. 07-3843 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 $1,484.60.
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania;
(2) against,MARY BACKENSTOSS located at 2015 CARLISLE RD, CAMP HILL, PA 17011, Defendant(s)
(3) and against, SOVEREIGN BANK located at 17 W HIGH ST, CARLISLE, PA 17013, Garnishee(s);
(4) and index this writ
(a) against, MARY BACKENSTOSS , Defendant(s) and
(b) against, SOVEREIGN 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
SOVEREIGN BANK located at 17 W HIGH ST, CARLISLE, PA 17013, 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
Interest from 06/26/2007
At an interest rate of 6% per year
$1,484.60
To Be Determined
Total $1,484.60 Plus costs & interest
Date: /C)b(,'
Amy F. Doyle 47062 / . Wo on #20617
Philip C. Warholic 986341 / David R. Galloway 487326
Tonilyn M. Chippie 487852 / Sarah E. Ehasz 486469
Robert N. Polas, Jr. #201259 / Ronald S. Canter 494000
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. 170378161 XXX-XX-4183
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3843 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 Asignee of ASPIRE VISA, Plaintiff (s)
From MARY BACKENSTOSS, 2015 Carlisle, Rd., Camp Hill, PA 17011
(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
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013
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.
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 $1,484.60
L.L. $.50
Interest from 6/26/07 at an interest rate of 6% per year - to be determined
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 10/08/07
(Seal)
Due Prothy $2.00
Other Costs
/6/ 1? FD-. kr"'A
C
rtis R. Long, Prothonota
By:
Deputy
REQUESTING PARTY:
Name AMY F. DOYLE, 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. 87062
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-03843 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MIDLAND CREDIT MNGMT
VS
BACKENSTOSS MARY
And now WILLIAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:23 Hours, on the 12th day of October , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
BACKENSTOSS MARY in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs: So ?
Docketing .00
Service .00
Affidavit .00
Surcharge .00
0)rg10 -7 9,,?
Sworn and Subscribed to
before me this
true
and made
R. Thomas Kline
Sheriff of Cumberland County
.00
10/15/2007
day of By `-
Deputy Sheriff
A.D
r
A. 67 - 3 F19
ANSWERS TO INTERROGATORIES
Account# 1051077591 Balance: $1,044.62
After deducting our customary $75.00 Legal Processing Fee.
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
acount is $744.62
Account Holder: Mary J Backenstoss
2015 Carlisle Rd
Camp Hill, PA 17011-5913
Account# 0774044739
Account Holder: Mary J Backenstoss
2015 Carlisle Rd
Camp Hill, PA 17011-5913
Balance: $480.36
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By: _ k41K-
Timothy J. Cooney
C.O.P. Team Leader
4
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT, INC.
AS SERVICER FOR MIDLAND FUNDING LLC
ASSIGNEE OF ASPIRE VISA
Plaintiff
VS
MARY BACKENSTOSS
Defendant(s)
No. 07-3843 CIVIL TERM
CIVIL ACTION - LAW
INTERROGATORIES TO GARNISHEE
TO: SOVEREIGN BANK
17 W HIGH ST
CARLISLE, PA 17013
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.
issued
B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was
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. 170378161 XXX-XX-4183
INTERROGATORIES TO GARNISHEE
DEFENDANT(S) -MARY BACKENSTOSS
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.
Yes-See Attached
I A. 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.
Any direct deposit agreements for automated deposits are
between our customer and the originator of these deposits.
Sovereign Bank is not a party.
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.
No-See Attached
4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver any money
or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any
claim of the defendant against you?
No
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. 1703781-61 XXX-XX-4183
6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or
not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of
all personal property giving full value and present location. State also whether or not there are any encumbrances or liens
holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the
Defendant(s) owns any personal property jointly with any person or persons, give names and address.
No
7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of
any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. Ifso, please set forth all
details concerning those asset.
No
8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you
hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for-each Defendant(s)
the nature of the property including its value and the interest of Defendant(s).
No
9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you
against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact
amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer.
Yes-See Attached
Date: b
y F. Doyl 7062 Daniel F. Wolfson #20617
Philip C. War lic #86341 / David R. Galloway #87326
Tonilyn A 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
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
W&A File No. 170378161 XXX-XX-4183
PO
rn
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Midland Credit Management Inc as service for Midland Funding LLC assignee of
Aspire Visa
VS.
Mary Backenstoss
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
Amy F Doyle, Esquire
Wolpoff & Abramson LLP
4660 Trindle Road 3rd Floor
Camp Hill, PA 17011
Service by certified mail addressed as follows:
Mary J Backenstoss
2015 Carlisle Rd
Camp Hill, PA 17011-5913
471
Timo by J. Coo ey
C.O.P. Team Leader
Sovereign Bank
MA1 M133-02-10
2 Morrisey Boulevard
Boston, MA 02125
October 24, 2007
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Midland Credit Management, Inc.
Assignee of Aspire Visa
Plaintiff NO. 07-3843
vs.
CIVIL ACTION - LAW
MARY BACKENTOSS
Defendant
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, SOVEREIGN BANK, discontinued, upon
payment of your costs only.
Respectfully Submitted,
Dated: (i /4-/0-77-
? Amy F. Doyle #87A62 " /
Daniel F. Wolfson #20617
Philip C. Warholic #86341
David R. Galloway #87326
Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259
Ronald S. Canter #94000
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., Suite 300
Camp Hill, PA 17011
(717) 303-6700
W&A File No. 170378161
cc: James Bach
352 S. Sporting Hill Rd
Mechanicsburg, PA 17050
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
WILLIAM BACKENSTOSS
MARY BACKENSTOSS Case No. 1-07-bk-03632
WILLIAM H. BACKENSTOSS
MARY J. BACKENSTOSS
Movant(s)
V. Chapter 7
MIDLAND CREDIT MANAGEMENT/
ASPIRE VISA
Defendant(s)
ORDER
The Debtor's motion to avoid a judicial lien is hereby approved.
The judicial lien filed in the Court of Common Pleas of Cumberland County,
Pennsylvania at Midland Credit Management, number 07-3843, civil action-law, is
hereby avoided.
By the Court,
MW (L
Atsi document is electrankally signed and,iled on the same date.
1?
Dated: December 11, 2007 CERTIFIED FROM THE RECORD L J--
day e?'??1 el-_ , 20
day of
U S. Bankruptcy Court
Clerk, .
Pet
per,
N
a
P14- 0
r o
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:
=z Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail.
Postage
Garnishee
TOTAL
Advance Costs: 150.00
Sheriff's Costs 85.99
18.00 64.01
1.69
.50
2.00 Refunded on 07/29/08
4.80
20.00
30.00
'tom
9.00
85.99 -/ 3 Og So Answers,
R. Thomas Klin
e, eriff
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0a.ro?'?-
R-*'- ?iaacy
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3843 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 Asignee of ASPIRE VISA, Plaintiff (s)
From MARY BACKENSTOSS, 2015 Carlisle, Rd., Camp Hill, PA 17011
(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
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013
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.
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 $1,484.60
L.L. $.50
Interest from 6/26/07 at an interest rate of 6% per year - to be determined
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 10/08/07
(Seal)
Due Prothy $2.00
Other Costs
4Ps MR Long, Proth/on
By: -1e ? R? -31?
Deputy
REQUESTING PARTY:
Name AMY F. DOYLE, 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. 87062