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Home My WebLink About07-7191IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff No. !uc VS CIVIL ACTION - LAW WAYNE BENNER Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), WAYNE BENNER , for want of pursuant to the District Justice Transcript. (X) Amount due $2,385.53 TOTAL $2,385.53, 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. DMe: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 7ARWIN4 N. Pelas, Jr. #2612597 e Sarah E. Ehasz #86469 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 NOW, NW..? , 20-67 , JUDG IS ENTERED AS ABOVE. 7 'o 0 onotary/Clerk, civil Division By: Deputy W&A File No. 172,016741 ° Cn p -r [Tt y. ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 MUJ N"i„ HUI,- MARB MARTIN Address: 507 N YORK ST MECHANICSBURG, PA (717) 766-4575 17055 ATTORNEY FOR PLAINTIFF : PHILIP C. WARHOLIC 4660 TRINDLE RD THIRD FL CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF f NOTICE OF JUDGMENT A 42RIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPALISADES CLLCTN LLC/ASSIGNZ:8 ATAT? 4660 TRINDLE ROAD APT/STS 300 C/O WOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS FB- MMER, WAYNE ? 100 ELICRER RD APT/STE G CARLISLE, PA 17015 L J Docket No.: CV-0000206-07 Date Filed: 6/14/07 ?,. 4441 _(Date of Judgment) 7/20/07 U Judgment was entered for: (Name) PALISADES CLLCTN LLC/ASSIGNEE ® Judgment was entered against: (Name) BENNER, WAYNE in the amount of $ 2.385.5 1-1 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time 7 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 S Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 2,297.53 88.00 $ .a $ .00 $ 2,385.531 S Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES; IF THE a_. JUDGEiVIENT HOLDER.ELEGTS TU,ENTER THE JUDGMENT IN`THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME F O M Mt O R. , L A BY;THBMAGI$TEfiTi4L DTSTRICTJUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PL. EAS,`ANYONEINTERESTED'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. Rate.. a4atrie,Juce i.' '. =fy thgt t1?is;1 sra? tr e' and e4 .f#'I; opy of the, record of the, procee-di'ngs`ct?rataif7?ig the',audgme' ?- Date 1` ?1 qrs terial District .fudge My commission expires first Monday of January, 2012 SEAL ,AUPC :315-06 DATE PRINTED: 7/23/07 10:46:00 AN go cr, 3 Q ? ? ? o O G7 fli F:P cD i.?l?iv .• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T No. Plaintiff VS CIVIL ACTION - LAW WAYNE BENNER 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, Wayne Benner, above-named, is over 21 years of age; is last known to reside at 100 Elicker Rd Apt G Carlisle, 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 . Doyle #87062 / Daniel F. Wolfson #20617 Philip C=M.Chippie David R. Galloway #87326 yn 8785 ,arah E. Ehasz #86469 o e 1259 /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 COMMONWEALTH OF PENNSYLVANIA Counsel for Plaintiff Notarla i Sea! grandi M. Moody, Notary Public Hampden Twp., Cumbertand county my corm fission E)vires Nov. 30, 2010 Member, Pennsylvania Association of Notaries SWORN and SUBSCRIBED to before me this ? s day of d y , 20 U? . Notary Public W & A File No. 172016741 r-a'+ f- t? (1l TJ I..J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTIOML.L.C. ASSIGNEE OF AT &T No. Plaintiff VS CIVIL ACTION - LAW WAYNE BENNER Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Palisades Collection,L.L.C. 210 Sylvan Avenue Englewood Cliffs NJ 07632 and certify that the last known address of the within Defendant(s) is: Wayne Benner 100 Elicker Rd Apt G Carlisle PA 17015 Date:/ ' - Ala!/F. Doyle #87062 / Daniel F. Wolfson #20617 jP i ' e #David R. Galloway #8732b nilyn Chippie #87852 ah E. Ehasz #86469 , 91 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. 172,016741 l -i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T No. Plaintiff VS WAYNE BENNER Defendant(s) TO: WAYNE BENNER 100 ELICKER RD APT G CARLISLE, PA 17015 CIVIL ACTION - LAW NOTICE OF ORDER, DECREE OR JUDGMENT You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entePed against you on [Uro . ;L4 A.Dd 7 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 $2,385.53, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $1,933.54, attorney's fees in the amount of $0.00, interest in the amount of $363.99, plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department of Transportation. IC #Sp A -1b J 0 A lto;? ?ZA By: thonotary ?--? If you have any questions regarding this otice, please contact thefilin g patty. Date: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Phili 86341 / David R. Galloway #87326 i yn M Chippie #878 / 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. 172016741 Jk PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 PALISADES COLLECTION,L.L.C. ASSIGNEE OF AT &T Plaintiff VS. WAYNE BENNER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 07-7191-CIVIL 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 $2,385.53. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,WAYNE BENNER located at 100 ELICKER RD APT G, CARLISLE, PA 17015, Defendant(s) (3) and against, WOODFOREST NATIONAL BANK located at 60 NOBLE BLVD, CARLISLE, PA 17013, Garnishee(s); (4) and index this writ (a) against, WAYNE BENNER , Defendant(s) and (b) against, WOODFOREST NATIONAL BANK, Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of theaGarnishee(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 WOODFOREST NATIONAL BANK located at 60 NOBLE BLVD, 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 $2,385.53 Interest from 11/29/2007 To Be Determined At an interest rate of 6% per year Total $2,385.53 Plus costs & interest Date: U'Z41 W CAmy F. Doyle #87 / Daniel F. Wolfson 17 Philip C. Warholic 6341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 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 W&A File No. 172016741 XXX-XX-9314 ?J ?....? ' r • R, O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7191 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PALISADES COLLECTION, L.L.C., Assignee of AT & T, Plaintiff (s) From WAYNE BENNER, 100 Elicker Rd, Apt G, Carlisle, PA 17015 (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: WOODFOREST NATIONAL BANK, 60 Noble Blvd, 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, securites, 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 $2,385.53 L.L. $.50 Interest from 11/29/07 at an interest rate of 6% per year -- To Be Determined Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/22/08 (Sea!) Due Prothy $2.00 Other Costs Curtis r Long, Pro ry 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. 86341 -Aw INTERROGATORIES TO GARNISHEE DEFENDANT(S) - WAYNE BENNER 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. NOM:, IA. DIRECT DEPOSIT ACCOUNT'S: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. N/A 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. NCR 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. NIA 4. TRANSFER OF PROPERTY: At any time after you were saved 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? NIA 5. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent ti Defendant(s) maintains any safe deposit box or boxes. If so, include the identifica 'on ber curo r sr' on box or boxes. Include a full description of the contents and also the amount of cawwaia Defendant(s) maintains any of these jointly with any other person or p ea ft)te Coo- W&A File No. 172016741 XXX-XX-9314 VW14A t - IE-ob 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent tithe, 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. N() N?'- 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. N/A 8. PROPERTY HELD AS A FLDUC1ARY: At the time you were served ur at any subsequent time, "-}Yalu 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). W /A 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. N/A Date: Amy F. Doyle 40092 / anirel F. Wolfson #20617 Philip C. Warholic #86 1 / David R. Galloway #87326 Tonilyn M. Chippie 067852 / Sarah E. Ehasz #86469 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 Wow Natk Bank 25231 Gras's Mill Rd, Suite 175 The Woody Tic 77380-3103 M - 3qi5 -282 $ - r w* 02- 5 - 3b28 - FAX nthF .? r Z (7; rV C= cio m aQ t ZZ 00 Q_ W&A File No. 172016741 XXX-XX-9314 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07191 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PALISADES COLLECTION LLC VS BENNER WAYNE And now STEVE BENDER Sheriff or Cumberland County of Pennsylvania, who being duly to law, at 0009:25 Hours, on the 25th day of Janua as herein commanded all goods, chattels, rights, d moneys of the within named DEFENDANT hands, possession, or control of the within named WOODFOREST NATIONAL BANK 60 NOBLE BLVD eputy Sheriff of worn according y , 2008, attached bts, credits, and in the rnishee CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to RRNTR TRWTN (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTI and made the contents there of k nown to His . Sheriff's Costs: Docketing .00 So ans?rs.;, Service .00 Affidavit .00 R. Thomas Kli ne Surcharge .00 Sheriff of Cu mberland County .00 ,/3a/0 y 00 01/28/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. No. 07-7191-CIVIL ASSIGNEE OF AT &T Plaintiff VS WAYNE BENNER Defendant(s) CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, WOODFOREST NATIONAL BANK, discontinued, upon payment of your costs only. Respectfully Submitted, Dater VAmy F. Doyle 487062f / 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 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. 172016741 -eob G 'd ? o D .G h.a Z.. i u `TD f rr7 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: Docketing 18.00 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Mileage 4.80 Misc. Surcharge 20.00 Levy 30.00 Post Pone Sale Certified Mail. Postage Garnishee TOTAL 9.00 85.99 1Q10$ Advance Costs: 150.00 Sheriff's Costs 85.99 64.01 Refunded on 07/29/08 ?qI VL t' est... So Answers, a .IBC v R. Thomas Kline, eriff By c € :E d E Z NYr gaol Vd '-118(io3 6,a,v 1?c a w I I 33183HS 3H.i A0 33-Wo q- .-m ?d ck-?' c.s?a7 l Q/3388 WRIT OF EXECUTION and/or ATTACHMENT OOMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7191 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PALISADES COLLECTION, L.L.C., Assignee of AT & T, Plaintiff (s) From WAYNE BENNER, 100 Elicker Rd, Apt G, Carlisle, PA 17015 (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: WOODFOREST NATIONAL BANK, 60 Noble Blvd, 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, securites, 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 frop 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 $2,385.53 L.L. $.50 Interest from 11/29/07 at an interest rate of 6% per year -- To Be Determined Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 1/22/08 (Seal) Due Prothy $2.00 Other Costs - 96t??> --- Curtis FVLong' Proth 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. 86341