HomeMy WebLinkAbout08-0258IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTIOML.L.C.
Plaintiff No. 0% - a58 ??V 1( -TL
VS CIVIL ACTION - LAW
KIMBERLY S SMITH
Defendant(s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s), KIMBERLY S SMITH , for want of pursuant to the
District Justice Transcript.
(X) Amount due $4,640.06
TOTAL $4,640.06, 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 pr 71i of the notice is attached.
Date:
Amy F. Doyle #81062 / Daniel F. Wolfson
Philip C. Warhol k#863 David R. Ga way #87326
Tonilyn M. Chippie #878 ar asz #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
NOW, ?,„Ln-i , 20V_, JUD('ME AS OVE.
Prothonotary erk, Civil lion
By:
Deputy
W&A File No. 172853847
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN X. DAY
Address: 229 KILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
ATTORNEY FOR PLAINTIFF :
ANY F. DOYLE
4660 TRINDLE RD 3RD FLOOR
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTr
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rPALISADES C/O WOLPOFF & ABRAMSON ?
4660 TRINDLE RD APT/STE 300
CAMP HILL, PA 17011
L J
VS.
DEFENDANT: NAME and ADDRESS
rSHITH, KIMBERLY
6 PEWTER LN
BOILING SPRINGS, PA 17007
L J
Docket No.: CV-0000256-07
Date Filed: 7/25/07
(Date of Judgment) 9/17/07
T Judgment was entered for: (Name) PALISADES C/O WOLPOFF & ABRAMS
Fx1 Judgment was entered against: (Name) SMITH, KIMBERLY
in the amount of $ 4, 640.0
1-1 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 $
Amount of Judgment $ 4,512.56
Judgment Costs $ 127.50
Interest on Judgment $ .06
Attorney Fees $ .00
Total $ 4,640.06
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ 4,640.06
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
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
tf-I !-- Date , Magisterial District Judge
I certify that this is a trued corre copy of the r co h p oceedings containing the judgment.
11-L5:07- Date Magisterial District Judge
My commission expires first Monday of January, 10 SEAL
AOPC 315-07
DATE PRINTED: 11/15/07 9:49:00 AN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
Plaintiff
No.
VS CIVIL ACTION - LAW
KIMBERLY S SMITH
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, Kimberly
S Smith, above-named, is over 21 years of age; is last known to reside at Po Box 431 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 it ents.
Date:
Amy F. Doyle #8 2 / Dann X617
Philip C. Warholic /
Tonilyn M. Chippie # 2
Robert N. Polas, Jr. #201259
/'Sarah E. Ehasz #86469
Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
"SWORN and SUBSCRIBED to before me this j , . day of ?0`ua!4 , 20-d
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Brand! M. Moody, Notary Public
Hampden Twp., Ctmberiarid Courtly
My Comntiss m E>¢tlres Nov. 30, 2010
Member, Pennsylvania Association of Notaries
bu& \-Moo
Notary Public
W & A File No. 172853847
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTIOML.L.C.
Plaintiff
VS
KIMBERLY S SMITH
Defendant(s)
No.
CIVIL ACTION - LAW
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:
Kimberly S Smith
Po Box 431
Carlisle PA 17013
Date: / IdW
Amy F. Doylf #87062 /Daniel F. Wo aa.7
Philip C. Wa%Dlic #86 David . 'allows #87326
Tonilyn M. Chippie #87 . Ehan #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. 172853847
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
Plaintiff
VS
KIMBERLY S SMITH
Defendant(s)
TO: KIMBERLY S SMITH
PO BOX 431
CARLISLE, PA 17013
No.
CIVIL ACTION - LAW
NOTICE OF ORDER, DECREE OR JUDGMENT
You are a by notified that the following ORDER, DECREE or JUDGMENT has been entered against you on
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 $4,640.06, plus costs.
(X) District Justice transcript of judgment in civil action in the amount of $4,018.46, attorney's foes in the
amount of $0.00, interest in the amount of $494.10, 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:
Date:
If you hav any questions regarding this Notice, please contact the filing party.
Amy F. Doyle #87 / Danie
Philip C. Warholic 86 / David?Ra
Tonilyn M. Chippie 87852 / Sarah E. as
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
&vote.."
rothonotary
W&A File No. 172853847
ra
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
PALISADES COLLECTION,L.L.C.
ASSIGNEE OF HSBC
Plaintiff
vs.
KIMBERLY S SMITH
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JUDGMENT NO. 08-258-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 $4,640.06.
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania;
(2) against,KIMBERLY S SMITH located at PO BOX 431, CARLISLE, PA 17013, Defendant(s)
(3) and against, M&T BANK located at 1 W HIGH ST, CARLISLE, PA 17013-2959, Garnishee(s);
(4) and index this writ
(a) against, KIMBERLY S SMITH , Defendant(s) and
(b) against, M&T 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
M&T BANK located at 1 W HIGH ST, CARLISLE, PA 17013-2959, 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 $4,640.06
Interest from 01/14/2008 To Be Determined
At an interest rate of 6% per year
Total $4,640.06 Plus costs & interest -e__4
Date:
Amy F. Doyle #87062 / Daniel F. Wolfson #20617
ip ar-Tio i 41 / David R. Galloway #87326
rrI-Chi ie # 2 / Sarah E. Ehasz #86469
ert 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. 172853847 XXX-XX-6768
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-258 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
HSBC, Plaintiff (s)
From KIMBERLY S. SMITH, PO BOX 431, CARLISLE, PA 17013
(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 M&T BANK, 1 W HIGH ST., 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.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4,640.06
L.L. $.50
Interest FROM 1/14/08 AT AN INTEREST RATE OF 6% PER YEAR
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: FEBRUARY 7, 2008
(Seal)
Due Prothy $2.00
Other Costs
Curtis . Long, Pro ary
r
By:
Deputy
REQUESTING PARTY:
Name TONILYN M. CHIPPIE, ESQUIRE
Address: WOLPOFF & ABRAMSON, L.L.P.
4660 TRINDLE ROAD, SUITE 300
CAMP HILL PA 17011
Attorney for: PLAINTIFF
Telephone: 717-303-6700
Supreme Court ID No. 87852
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-00258 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PALISADES COLLECTION LLC
VS
SMITH KIMBERLY S
And now SHAWN HARRISON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0010:59 Hours, on the 13th day of February , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
SMITH KIMBERLY
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KRISTY LEHMAN MARTSON (SALES ASSOC
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
before me this
, in the
true
and made
so
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
0000 ?,//9?08
02/14/2008
day of By
DA.D
-M ag- 2st
INTERROGATORIES TO GARNISHEE
DEFENDANT(S) - KIMBERLY S SMITH
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 ins give their name and
address. `''?4 r? r
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1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit
accounts? If yes, please state the identification numbers of those accounts.
2. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the
defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which
are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or
federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each
exemption and the entity electronically depositing those funds on a recurring basis.
)JA
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.
Vk) A
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?
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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.
AA-
W&A File No. 172853847 XXX-XX-6768
6. . REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or
hot 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.
0
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.
/4
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?th)eI property including its value and the interest of Defendant(s).
/""
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.
Date: ( o
Amy F. Doyle #87062 / Daniel F. Wolfson #20617
Philip C. Warholic #86341 / David R. Galloway #87326
Tonilyn A 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
S=ISHRR
CATHY S.
&T BANK FEB 2 <
W&A File No. 172853847 XXX-XX-6768
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IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTI
ASSIGNEE OF HSBC
Plaintiff
VS
KIMBERLY S SMITH
Defendant(s)
To the Prothonotary:
Kindly mark the
1,L.L.C. No. 08-258-CIVIL TERM
CIVIL ACTION - LAW
TO DISCONTINUE ATTACHMENT EXECUTION
against the Garnishee, M&T BANK, discontinued, upon payment of your costs only.
Respectfully Submitted,
Dater Cr
6a
;AZm y F.o 1_y?aniel F. Wolfson #20617
11'L?Warholic #86 411 David R. Galloway #87326
Tuff yn ippie #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. 172853847
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R. Thomas Kline, Sheriff, who being duly swom according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Milage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Bad Check
Postage
Total
18.00 Advance Costs: 150.00
1.69 Sheriffs Costs: 85.99
64.01
.50
2.00 Refunded to Atty on 1/20/09
4.80
30.00
20.00
So An
9.00 Y
/ ) n R. Thomas -Kline, Sheriff
85.99
By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-258 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
HSBC, Plaintiff (s)
From KIMBERLY S. SMITH, PO BOX 431, CARLISLE, PA 17013
(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 M&T BANK, 1 W HIGH ST., 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.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4,640.06
L.L. $.50
Interest FROM 1/14/08 AT AN INTEREST RATE OF 6% PER YEAR
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: FEBRUARY 7, 2008
(Seal)
Due Prothy $2.00
Other Costs
Curtis . ong, Protho
By:
Deputy
REQUESTING PARTY:
Name TONILYN M. CHIPPIE, ESQUIRE
Address: WOLPOFF & ABRAMSON, L.L.P.
4660 TRINDLE ROAD, SUITE 300
CAMP HILL PA 17011
Attorney for: PLAINTIFF
Telephone: 717-303-6700
Supreme Court ID No. 87852