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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 $1,484.60, plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.k.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party, who has appeared in the action or to his/her Attorney of Record. ( ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: U / f 47 z Amy F. oyle #870 2 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, 207, JUDG IS ENTERE S ABOVE. Protho otary/Clerk, C' ivisi By: Deputy W&A File No. 170378161 C7 ra o° O --j Lz: L r r=te _ O l `? ty? "COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDIE TOHZT$ 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 -- C ? o a n7?z c ap ? ,?:.. c ? 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 J T-.3 Q 4 E?;iFI ? R9? r N TT ) i 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 n r1a <--- _? Fri : - rn CJ1 ? 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 ...r' . 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 r-lo - _ O r ? ? 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 ?.: _ -?.. ? ._.._ ' .?.ti ?: -??€ T7 raaor Vj `..+ + t? ?j W ??\ ?'r?? •a ??"? ? e OA t7 ? . 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 B ?. Y ai? 0a.ro?'?- R-*'- ?iaacy a w 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