Loading...
HomeMy WebLinkAbout07-4293IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF FIRST CONSUMERS NATIONAL BANK Plaintiff No. ~~] - ~a43 C~~~ ( Terra VS CIVII. ACTION -LAW JAMES C RABUCK Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), JAMES C RABUCK ,for want of pursuant to the District Justice Transcript. (X) Amount due $2,462.41 TOTAL $2,462.41, 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. ( ) 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: Amy F. Doyle # 7062 /Daniel F. Wolfson #20617 Philip C. Warh is # 1 /David alloway #8 Tonilyn M. Chi ie -. -~ ~' n~:,Y:,% 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, , 20Q~, JUDGMENT IS ENTE~R+ED AS ABOVE. ~S~ ~r thonotary/Clerk, Civil Di Sion By: ~ Deputy W&A File No. 172239021 ^ 7l~ ~A C'') J ~ --J J - ~ e -:: ~ 7 ~?" O .a ~ ~ O i-~ -, "~ ' ~ ;.. ~ d'.', ; ~ .,. .. ,- L w COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CW[BERi.A1dD Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLBa[Di'r, JR Address:. 400 BRIDGE ST OLDS TOLE COM11<ONS - SIIITB 3 NEIP CDMBERLAND, PA Telephone: (717) 774-5989 17070 07- Ci~1~ ~-~ N ~R'I~T NOTICE. OF JUDGMENT/TRA C CIVIL CASE PLAINTIFF: NAME and ADDRESS rMIDLAND FIINDING LLC/1ST CONSMR 8t BAR 4660 TRINDLS ROAD APT/STE 300 C/O DAVID R GALLOPPAY ESQ LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS ~EABIICR, JAMES C ~ 1000 DREaEL HILLS BLVD LNNS~i CIIMBBRLA~fiD, PA 17070 J MIDLAND FIINDING LLC/1ST CONSMR N BS 4660 TRINDLB ROAD APT/ST8 300 Docket No.: CV-0000175-07 C/O DAVID R GALL01iAY ESQ Date Filed: 4/24/07 E CAMP HILL, PA 17011 .~,~ THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIILT JQD PLTF (Date of Judgment) 5/24/07 ® Judgment was entered for: (Name) MIDLAND FUNDING LLC/1ST CONSMR ® Judgment was entered against: (Name) RASUCR, JAMES C in the amount of $ 2.462.4 Defendants are jointly and severally liable. Damages will be assessed on Date. & Time This ease 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 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Interest rate 6.0 Total $ yu.uu $ ~~4 $ .00 $ 2,462.41 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 JUDGMENTlfRANSCRIPT 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 JU~ Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT~BEBTOR PAYS IN L, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 72z~~vz~ MAY 2 4 2~~ate ~ Magisterial District Judge I certify that this is a true an cor ect copy of the r o e r edings containing the judgment. JUL ~ - 2007 Date ,Magisterial District-Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATE.PRIlaTED: 5/25/07 1:33:00 PM ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF FIRST CONSUMERS NATIONAL BANK No. Plaintiff VS CIVIL ACTION -LAW JAMES C RABUCK Defendant(s) TO: JAMES C RABUCK 1000 DREXEL HII.LS BLVD NOTICE OF ORDER, DECREE OR JUDGMENT NEW CUMBERLAND, PA 17070 You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on ~~ ~~v alb x007 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 $2,462.41, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $1,922.67, attorney's fees in the amount of $0.00, interest in the amount of $449.74, 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: I~ > > .Q 1C. ~ ~I~/2 othonotary If you have any questions reg~rding this Notic~please contact the filing party. ,~/ Date: %~` '~'~ W&A File No. 172239021 .f ~ ; Amy F. D Philip C. Tonilyn Robert N. Ronald S. o le #87062 / D of rholic #8 41 /David .Galloway #87326 M. ippie # z Pola , .#201259 /Bruce H. Cherkis #18837 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 C-.~ cr __ _,. ~_ c~,~ ~;-;; ---+ ~ ~_,~ -.~ ~, _-, r_ ~=~ ~ .. ~, _E ~w. _.... .'. L°..'. ~ 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF FIIZST CONSUMERS NATIONAL BANK No. Plaintiff VS CIVIL ACTION -LAW JAMES C RABUCK Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, James C Rabuck, above-named, is over 21 years of age; is last known to reside at 1000 Drexel Hills Blvd New Cumberland, 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 87062 /Daniel lfson #20617 Philip C. Warho is #86 Davi allowa # Tonilyn M. Chippie # asz #86469 Robert N. Poles, 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 Camn Hill. PA 17011 CO MONWEA~~- OF PENNSYLVANIA Telephone: (717) 303-6700 Notaria~sea- i~ublk Counsel for Plaintiff g~i M. Stabley, Nota~Y ~~ 7~" Npv 3p, 2010 ~ ~ a'nla Association of Notaries Member, Pennsyl SWORN and SUBSCRIBED to before me this ~th day of , 20~. ~~~~ Notary Public W & A File No. 172239021 t"? r°; - c__ ~~ ~= _ C. ~~. C> z> ~ ,? - _- ---- ~, ~:u c.,~: --~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. ASSIGNEE OF FIlZST CONSUMERS NATIONAL BANK No. Plaintiff VS CIVIL ACTION -LAW JAMES C RABUCK Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Midland Credit Management, Inc. 5775 Roscoe Court San Diego CA 92123 and certify that the last known address of the within Defendant(s) is: James C Rabuck 1000 Drexel Hills Blvd New Cumberland PA 17070 Date: ~~ ~ Amy F. Doyl #87062 /Dan' Philip C. W olic #8 /David R. lloway #87326 Tonilyn M. Chippie # ara asz #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. 172239021 i.- ~ . 1 _l~ .... -- ( _~~~ ' f 3~ i ~ r . ii `~.~ ~+ °__ .~ C.:. •'~ . ~- PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 MIDLAND CREDIT MANAGEMENT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSIGNEE OF FIRST CONSUMERS NATIONAL BANK Plaintiff vs. JAh4ES C RABUCK Defendant(s) JUDGMENT NO. 07-4293 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (MONEY NDGMENT) To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $2,462.41. (1) Dii+ected to the SheriffofCUMBERLAND County, Pennsylvania; (2) against,JAMES C RABUCK located at 1.000 DREXEL HILLS BLVD, NEW CUMBERLAND, PA 170?0, Defendant(s) (3) and against, COMMERCE BANK located at 20 NOBLE BLVD # 1 ,CARLISLE, PA , Garnishee(s); (4) and index this writ (a) .against, JAMES C RABUCK ,Defendant(s) and (b) against, COMMERCE BANK; Garnishee{s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) ~**'''~"~1<°+f~ILY*~* You are directed to attach the property'of the Defendant(s) not levied upon in the possession of COMMERCE BANK located`at'20 NOBf,E BLVD # 1 , CARLISLE,.PA ,Garnishee(s). All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $2,462:41 Interest from 07/20/2007 To Be Determined At an interest rate of 6% per year otal $2,462.41 Plus costs & interest Date: 0~4 Amy F. Doyle #8 062 /Dan' a--# Philip C. Warholic 63 /David .Galloway #~ Tonilyn M. Chippie #87 z Robert N. Poles, Jr. #201259 L Bruoe H. Cherkis #1$837 Ronald S. Canter #94000 /Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4664 Trindle Road, Suite 300 Camp Dill, PA 17011 Telephone: (717) 303-0700 Counsel for Plaintiff W&A File No. 172239021 XX~-XX-9967 ,~- . -„~ 9~ ~ ~ ~ ra ~ c ~ ~ t"" ~~ o ~ ~g b : ,a ~; w ~, `~ i ~ ~- ~. %, ~ mac; r' ~-T ~,r71 '~ "CC ~ ~7 ,.. . ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4293 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND CREDIT MANAGEMENT, INC, assignee of FIRST CONSUMERS NATIONAL BANK, Plaintiff (s) From JAMES C RABUCK,1000 DREXEL HILLS BLVD, NEW CUMBERLAND, PA 17070 (1) You aze directed to levy upon the property of the defendant (s)and to sell (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 20 NOBLE BLVD #1, CARLISLE, PA ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gaznishce(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 $2,462.41 L.L. $.50 Interest from 7/20/07 at an interest rate of 6% per year Atty's Comm % Due Frothy $2.00 Atty Paid $54.25 Plaintiff Paid Other Costs Date: 8/23/07 (Seal) REQUESTING PARTY: Name DAVID R GALLOWAY, ESQUIRE Address: WOLPOFF & ABRAMSON, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 46662 S ~s R. Long, Prothonotary sy: ~ - Deputy R J _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT. INC. ASSIGNEE OF FIRST CONSUMERS NATIONAL. BANK Plaintiff No. 07-4293 CIVIL TERM VS JAMES C RABUCK Defendant(s) CIVIL ACTION -LAW ~'!'NrW ~t Tb INTERROGATORIES TO GARNISHEE TO: COMMERCE BANK 20 NOBLE BLVD # 1 CARLISLE, PA PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQLJIItED 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 famished, 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. 172239021 ~X-XX-9967 INTERROGATORIES TO GARNISHEE • DEFENDANT(S) - JAMES C RABUCK 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 Defendants) 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 had accamts 537329765 with a balance of $562.12, 537384646 with a balance of $471.83, 626762199 with a balance of $0 and 73x062912 with a balance of $20.00 at time served. Accamt 537384646 is held jointly with Shelley a Lodes of 1000 Drexel FLills Blvd, New Cu~xland. Accamts 537329765, 626762199 and 732062912 are held individually. Accamts 537329765 a~ 537384646 are direct deposit accauits. Defendant is eligible to receive $300 allowable exemption. 1 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. See answer to question 1. 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 Pegnsylvania 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 recun7ng basis. See answer to question 1. 3. If you are a bank or other financial institution, at the time you were. served or at aay 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 PaC.S. 8123? If so, identify each account. See answer to question 1, 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 Defendants) 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. 172239021 XXX-XX-9967 ~ 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. Tf the Defendant(s) owns any personal property jointly with any person or persons, give names and address. See answer to question 1. 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, if so, please set forth all details concerning those asset. See answer to question 1. 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 hs 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. No n Date: U ~ d {~ Amy F. Doyle #87 2 / Daniel F ~~~~9(~~ Philip C. Warholic 63 /David R. tialloway #$7326 Tonilyn M. Chippie #8785 z`~#fit~69~ Robert N. Polas, Jr. #201259 /Bruce H. Cherkis #18837 Ronald S. Canter #940 /Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4bb0 Trindle Road, Suite 300 Camp Hill, PA .17011 Telephone: (717) 303-6700 Counsel for Plaintiff Commerce Bank 3801 Paxton Street Harris , PA 17111 .: 7 2-6134 Die W&A File No. 172239021 ~~-XX-9967 ra r r~: crs -'~. _.. .~" '~~' ~~., ~ ~ 3 ~ .~- -~ ~ F SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-04293 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MIDLAND CREDIT MANAGEMENT INC VS RABUCK JAMES C And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:18 Hours, on the 6th day of September, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT RABUCK JAMES C hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DENEEN RAUDABAUGH (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: Docketing Service Affidavit Surcharge Sworn and Subscribed to true and made So a c - ~a . 0 0 ~ - ~..~~~ .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 . oo / gl~~r)b~ 09/06/2^^'' before me this day of By A.D 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. AS SERVICER FOR MIDLAND FUNDING LLC ASSIGNEE OF FIRST CONSUMERS NATIONAL BANK No. 07-4293 CIVIL TERM Plaintiff VS JAMES C RABUCK Defendant(s) VS COMMERCE BANK Garnishee Garnishee: COMMERCE BANK CIVIL ACTION -LAW 20 NOBLE BLVD # I CARLISLE PA PRAECIPE FOR JUDGMENT UPON ADMISSION To the Prothonotary: Please enter judgment in favor of the Plaintiff and against the Garnishee, COMMERCE BANK, in the amount of $518.04, as admitted in the answer to Interrogatories to be in the possession of Garnishee. Respectfully Submitted, Date: .2-~ ~ '~ Amy F. Doyle # 7062 / aniel F. Wolfson #20617 Philip C. Warholic #86341 /David R. Galloway #87326 Tonilyn M. Chippie #878521 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 /Ronald S. Canter #94fl00 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. 172239021 "~!" ~- art --ri a-4 ~ -~- - t1'z . ; '~ ~ ~: ' , - o ~ ~ o -~ ~ _ ~~ `y -o ~ ~". ~ 0O W o _ ~~-_ °' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDL ~.I~?L3 FUNDING LLC ASSIGNEE OF FIRST CONSUMERS NATIONAL BANK No. 07-4293 CIVIL TERM PI aintiff V ; CIVIL ACTION -LAW JAMES ~' RABUCK Defendant(s) PRAE IP TO ATI FY JUDGMENT AGAINST GARNISHEE Ta the Prothonotary: Kindly mark the judgment entered against the Garnishee, COMMERCE BANK, in the above matter, satisfied upon payment of your costs only. Date: ~- '. ' ~'~ Amy F. Doyl 62 /Daniel F. Wolfson #20617 Philip C. W rho " #86341 /David R. Galloway #87326 onilyn hippie #87 j/ Sarah E. Ehasz #86469 Kobert N. Yolas, Jr. ~lU1LJy 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 i~J~A File No. 17223902] ~ ~ ~ ~' SL' R' O -~ ~ ~ ~ ~ ^ ~ ~'' D ~- .~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4293 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND CREDIT MANAGEMENT, INC, assignee of FIRST CONSUMERS NATIONAL BANK, Plaintiff (s) From JAMES C RABUCK, 1000 DREXEL HILLS BLVD, NEW CUMBERLAND, PA 17070 (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: COMMERCE BANK, 20 NOBLE BLVD #1, CARLISLE, PA ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $2,462.41 L.L. $.50 Interest from 7/20!07 at an interest rate of 6% per year Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Plaintiff Paid Other Costs Date: 8/23/07 (Seal) REQUESTING PARTY: Name DAVID R GALLOWAY, ESQUIRE Address: WOLPOFF & ABRAMSON, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 46662 C is R. Long, Prothonotary By: Deputy 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: __. d'~ Docketing 18.00 ''~~Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Mileage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pane Sale Certified Mail Postage Garnishee 9.00 ~'` ~ ~1 b~ ~~ ~ ~~ TOTAL 85.99 Advance Costs: 150.00 Sheriff's Casts 85.09 64.01 Refunded to Atty on 04/30/08 ~'i <' So Answers, R. Tho i dine, Sheriff r By ~ ~. }~~~~~ -~ /S t;r~„ ~„ 3 a'-~5' ~ ~D~LGY +'C~c>> . c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of FIRST CONSUMER NATIONAL BANK Plaintiff NO. 07-4293 CIVIL TERM v. CIVIL ACTION -LAW JAMES C RABUCK Defendant(s) n C ~, ,-;, Yv !'t'Fr~ ~ ~ ~~ ENTRY OF APPEARANCE e'- TO THE PROTHONOTARY: ~= `~ - ~. • ~'= -Ti = -: t_ ` rn Kindly enter the undersigned as counsel for Plaintiff in the captioned matter. _~ ;~ ,.,. Respect ubmitte , ~ By: David R. Galloway #8 326 Fulton Friedman & G llace, LLP Counsel for Plaintiff 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: MATTHEW J. ESHELMAN 8 S HANOVER STREET CARLISLE PA 17013 L/'Z~~~ David R. allowa Date Attorney ID #873 FFG File #: 166348 I IIINI IINI ill Ilhl ilNl IINI IINI IINII III III IN IIIN IIII PA/PA_EOA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4293 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND CREDIT MANAGEMENT, INC Plaintiff (s) From JAMES C RABUCK, 1000 Drexel Hills Blvd., New Cumberland, PA 17070 (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: METRO BANK, 65 ASHLAND AVENUE, 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, safe deposit boxes and all other property of the defendants. 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 $2,462.41 Interest $121.93 Atty's Comm % Atty Paid $184.24 Plaintiff Paid Date: 2/15/11 (Sea)) REQUESTING PARTY: L.L. Due Prothy $2.00 Other Costs de David D. Buell, Prothonotary Deputy Name DAVID GALLOWAY, ESQUIRE Address: FULTON FRIEDMAN & GULLACE LLP 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 Attorney for: Plaintiff Telephone: 866-563-0809 Supreme Court ID No. 87326 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC ? Confessed Judgment assignee of FIRST CONSUMER NATIONAL BANK © Other Docket No. 07-4293 CIVEL TERM v Judgment Amount $2462.41 Less Payments $(608.04) JAMES C RABUCK Interest: $121.93 1000 DREXEL HILLS BLVD Total: $1976.30 NEW CUMBERLAND PA 17070 Atty's Comm: $ Costs: $ PRAECIPE FOR ATTACHMENT EXECUTIONS -0 M, TO THE PROTHONOTARY: ° ?C-) The undersigned hereby certifies that the below does not arise out of a retail installn t4L;--ale,,vonFq or account based on a confession of judgment, but if it does , it is based on the appropriate origi aa1?roc&diiWfiled pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.. - r Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, directing attachment against METRO BANK, as Garnishee, for the following property of the defendant(s): All accounts, eluding but not limited to, all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons, safe deposit boxes and all other property o the efendant(s) in the possession, custody ?,trol of Garnishee. Date l 0 S ( 0 Signature: Print name: David G owa Address: 130B Gettsbur Pike os" 'A Ave. Mechanicsburg. PA 17055 6S 'AsW C+ ?,S?1 ?'? kg01,3 Attorney for: MIDLAND CREDIT MANAGEMENT. INC Telephone: (866) 563-0809 Supreme Court ID No:#87326 FFG File # 166348 111111111 IN IN IN 111110111111 IN III IN IN 1111 CS) aq. So -9a aNy .? ? S. 0A ceF a.J. a S P%4- SO %% " N. 00 g. DO clue Cc, qy . ?N ?'d aNY Gk-9 UU1 q7 T,%uec) e-*.255173 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r 1 P"',Fk ss, .j_ Jody S Smith Chief Deputy Richard W Stewart Solicitor "011 FE 22 P 2• €'EN SYL '11, .', Midland Credit Management, Inc vs. James C Rabuck Case Number 2007-4293 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: James C. Rabuck, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Carol Walter, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to James C. Rabuck at 1000 Drexel Hills Boulevard, New Cumberland, PA 17070. SO ANSWERS, February 22, 2011 RON R ANDERSON, SHERIFF i ae 8 rri , Deputy, ?,;;, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA #.I I MIDLAND CREDIT MANAGEMENT, INC assignee of FIRST CONSUMER NATIONAL BANK Plaintiff vs. JAMES C RABUCK Defendant(s) To: METRO BANK 65 Ashland Avenue CARLISLE PA 17013 CIVIL ACTION - LAW No.07-4293 CIVIL TERM 005"?vs 7 FrI 1 INTERROGATORIES TO GARNISHEE -} s N =? _ cn co n 7 -n C ; 7 -TI -., 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 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, 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. FFG file #: 166348 11111111111111111111 IN IN 11111111111111111111111111111111 PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - JAMES C RABUCK SS# - ***-**-9967 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? Defendant has account xxxxx9765 held individually with a balance of $4.49. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) 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 number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. no PA/PA_BANKINTERROGS .. DEFENDANT(S) - JAMES C RABUCK SS# - ***-**-9967 S. 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 9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with any other person, or persons, give their name, address and relationship to defendant. no 10. 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 11. Are there any attorney's 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. no 12. Please provide the name, business address and business telephone of the person answering these interrogatories. Jennifer H i l b i s h Levy Specialist - Metro Bank (717) 412-6163 3801 Paxton St 13. Please provide the addrl ss and telephone number where future court documents pertaining to this case can be served on Garnishee. FRIEDMAN, & GULLACE LLP David R. G oway #87326 514 (866) 561;4809 Counsel for Plaintiff Attorneys MCollection Please return your Answer to Interrogatories to counsel for Plaintiff at 8 E Debt ain Street, Suite 500, Rochester NY 14614. FFG File #: 166348 PA/PA_BANKINTERROGS VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Lew Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. l (SIGN URE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC assignee of FIRST CONSUMER NATIONAL BANK Plaintiff v JAMES C RABUCK Defendant(s) NO. 07-4293 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: c c 46 v3 = --a rnm ==-? ? ME C=) s1. a ? .. C) C?1 ?Y Please discontinue the Writ of Execution filed against Garnishee METRO BANK in the referenced matter without prejudice. Respectfully David R. Galloway # 7326 Fulton Friedman & Ilace, LLP Counsel for Plaintif Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 (866) 563-0809 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: JAMES C RABUCK 1000 DREXEL HILLS BLVD NEW CUMBERLAND PA 17070 METRO BANK 65 Ashland Avenue CARLISLE PA 17013 FFG file #: 166348 J David R. Gallow Attorney ID #87 11111111111111 IN 111111 IN IINI 1111 111111NI 111111 IN IN 11111 PAIPA_PRAEDISATT aw)- 8$.oa?d a 6 kA* -70(90 ew a SU11 a I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Midland Credit Management, Inc vs. James C Rabuck OF THE PROTHONOTARY 2011 AUG 23 PM 3: 52 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2007-4293 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: James C. Rabuck, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Carol Walter, Teller, personally three copies of interrogatories together, with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to James C. Rabuck at 1000 Drexel Hills Boulevard, New Cumberland, PA 17070. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.54 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF .? -CY-1 ly? . ?L !c'. Couniy ulte Sher!+.{ "Plposc't, Inc.