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HomeMy WebLinkAbout08-0259IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGFMFNT. INC. Plaintiff No. a8 - a •?-1 Civ i t -term VS CIVIL ACTION - LAW KATHLEEN DAY Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), KATHLEEN DAY , for want of pursuant to the District Justice Transcript. (X) Amount due $6,588.34 TOTAL $6,588.34, plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( ) Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: Amy F. Doyle #8 2 / Daniel F. Wolflon 17 Philip C. Warholi #86 avi R. Ga ay #873 Tonilyn M. Chippie #878 . Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, !JQ,p -, 20 DD IUD(' SE r TERED OVE. --L, m 7, Prothon /Clerk, Civ' visio By: Deputy W&A File No. 173659272 COMMONWEALTH OF PENNSYLVANIA COUNTY OF.- CUMBERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RIC$ARD S. DOUGHERTY Address: 9 8 S ENOLA DR STE 1. ENOLA, PA Telephone: (717 ) 728-2805 17025 ATTORNEY FOR PLAINTIFF NOTICE F DGM NTfMA d?dPT O CIVIL CASE PLAINTIFF: NAME and ADDRESS FNIDLAND CREDIT MANAGE, INC. 4660 TRINDLE ROAD APT/STE 300 C/O VOLPOFF is ABRAMSON LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS I'DAY, KATHLEEN 113 WHISKEY SPRINGS ROAD DILLSBDRG, PA 17019 NOLPOFF & ABRAMSON,LLP (#173659272) L J TONILYN CHIPPIE Docket No.: CV-0000247-07 4660 TRINDLE RD, STE 300 Date Filed: 8/16/07 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DZFAULT ZUDGUZUT, PLTF (Date of Judgment) 9127/07 Judgment was entered for: (Name) MIDLAND CREDIT 1ly1-- ZMZ T, INC Fx1 Judgment was entered against: (Name) DAY, KATHLEEN in the amount of $ 6,588.34- F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ 5,733.27 Judgment Costs $ 127.50 Interest on Judgment $ 727.57 Attorney Fees $ .00 Total $ 6,588.34 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 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. 5EP 2 7 2007 Date , Magistexial,Di(strict Judge I certify tha this is a tru and co a th ?-PtAQ edings contairtirlq the judgment. Da Maiglsterial Dastrict,Judge My commission expires first Mo anua-A 012 "SLAL AOPC 315-07 DATE PRINTED: 9/27/07 1:04:00 P1I[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. Plaintiff VS KATHLEEN DAY Defendant(s) No. CIVIL ACTION - LAW AFFIDAVIT OF NON-MELITARY 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, Kathleen Day, above-named, is over 21 years of age; is last known to reside at 113 Whiskey Spring Rd Dillsburg, 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 F. Wolfso 17 Philip C. Warh lic #86 / David R. Gal way #8732 Tonilyn M. Chip ' #8783'Sarah E. ]Ehasz #M469 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: 1717) 303-6700 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this day of , 20 o . COMMONWEALTH OF PENNSYLVANIA Notarial Seal Brard M. Moody, Notary Public Hampden Twp., Ctmberiand County My coon EVIres Nov. 30, 2010 Member, Pennsylvania Association of Notaries bou Notary Public W &A file No. 173659272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. Plaintiff VS KATHLEEN DAY Defendant(s) No. CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Midland Credit Management, Inc. 8875 Aero Drive San Diego CA 92123 and certify that the last known address of the within Defendant(s) is: Kathleen Day 113 Whiskey Spring Rd Dillsburg PA 17019 Date: Amy F. oyle 7062 / Da ' n #20617 Philip C. Warh is # 1 / David R. G Iowa Tonilyn M. Chippie # arah E. Ehasz #864'69 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&Afile No. 173659272 Q CA ?e f ? _ IL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. Plaintiff VS No. CIVIL ACTION - LAW KATHLEEN DAY Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: KATHLEEN DAY 113 WHISKEY SPRING RD DILLSBURG, PA 17019 You arePerpby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on l?f o8 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 $6,588.34, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $5,733.27, attorney's fees in the amount of $0.00, interest in the amount of $727.57, 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: othonotary If you have any questions regarding otice, please contact the filing party. / -41 Date: d Amy F. Doyle 7062 / Daniel F. W lfson #20617 Philip C. W olio #86 David R. oway Tonilyn M. Chtppie #8 az 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. 173659272 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFICE of THE SHERIFF 2009 N101>i 16 Ai-1 8: 18 CVPr .-, ?F?,-r„ Midland Credit Management, Inc. I vs. Kathleen Day Case Number 2008-259 SHERIFF'S RETURN OF SERVICE 11/12/2009 12:45 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1245 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathleen Day, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Tania Young, Deposit Operations Representative, 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 November 13, 2009 to Kathleen Day a/k/a Kathy Camis at 202 W Keller Street, Mechanicsburg, PA 17055. ..,r So Answers, R, omas Kline, Sheriff B Deput She ff (c) CountySulte Shenff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,- No. 08-259-CIVIL TERM RECEIVED Plaintiff CIVIL ACTION - LAW NOV 12 2009 VS KATHLEEN DAY Defendant(s) dpiwits lo INTERROGATORIES TO GARNISHEE TO: MEMBERS FIRST FCU 1000 BRYN MAWR RD CARLISLE PA 17013-1588 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. PABINT/PABANK FILE it 171F,59272 INTERROGATORIES TO GARNISHEE DEFENDANT(S) - KATHLEEN DAY 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 an of these jointly with any other person, or persons, give their name and address. tc 0&6&L 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the i entification numbers of those accounts. a&46X41?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(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 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. /? 0 3. 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 on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S. $123? If so, identify each account. ,?(t 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(s) against you? no 5. SAFE DEPOSIT BOX: 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. /^ 0 PABIN2/PABANK FILE # 173659272 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not the Defendant(s) own 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 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. If so, please set forth all details concerning those asset(s). ) ? 0 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. David R. Galloway #876/Philip C. Warholic #86341 Sarah E. Ehasz #86 69/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PABIN3/PABANR FILE # 173659272 MEMBERS 1st FEDERAL CREDIT UNION November 12, 2009 Name: Kathleen A. Day Address: 202 West Keller Street Mechanicsburg, PA 17055 Account Number: XXX737 Name on Account: Kathleen A. Day Savings: $0.03 (0.03) Processing Fee $0.00 Supplemental Savings: $2.04 2.04 Processing Fee $0.00 Checking: $2.72 2.72 Processing Fee $0.00 Payroll: Highmark Inc $300.00 Statutory Exemption was not taken out. Tania S Young Deposit Operations An st 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is Ta n i a S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATUR OF Tr'E f'i`r D"!^_ APY 2009NOY 16 F' 3: 03 Cut/ PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 TO 3149 : IN THE COURT OF COMMON PLEAS OF + 11 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff - VS. JUDGMENT NO. 08-259-CIVIL TERM KATHLEEN DAY Defandant(s) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $ 6588.34. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against, KATHLEEN DAY 202 W KELLER ST MECHANISCBURG PA 17055 Defandant(s); (3) and against MEMBERS FIRST FCU located at 1000 BRYN MAWR RD CARLISLE PA 17013-1588 (4) And index this writ (A) against KATHLEEN DAY Defandant(s) and (B) against, MEMBERS FIRST FCU Garnishee(s); ,Garnishee(s), as a lis pendens against the real property of the Defandant(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 MEMBERS FIRST FCU , 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: $ 6588.34 Interest From: 01/14/2008 To Be Determined At an interest rate of 6% per year Total: $ 6588.34 Plus costs & interest _ • .,. . -_ p i cr -t f David R. Galloway #87326/Philip C. Warholic #86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PABGAR/PABANK FILE # 173659272 VI) FICI"C-t , F'(C? OF 77JP: 2009 NOV -4 Ph 12: 57 Cv? - QTY ay.5o pp q-" C27. a5 0-8F Q.--jo to s4 . a5 _ Po a-rr1 #a. oo Oue Co 50 LL C t-o 4 58370 e d.3a47b wt-t+ 4 &. A?&? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-259 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 KATHLEEN DAY, 202 W. Keller Street, Mechanicsburg, PA 17055 (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: MEMBERS 1sT FCU, 1000 Bryn Mawr Rd, Carlisle, PA 17013-1588 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 $6,588.34 L.L. $.50 Interest from 1/14/08 at interest rate of 6% per year -- To be Determined Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 11/04/09 (Seal) REQUESTING PARTY: Name AMY DOYLE, ESQUIRE Address: MANN BRACKEN LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 866-253-0128 Supreme Court ID No. 87062 Due Prothy $2.00 Other Costs Deputy ~> WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-259 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 KATHLEEN DAY, 202 W. Keller Street, Mechanicsburg, PA 17055 (I) 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: MEMBERS 1sT FCU, 1000 Bryn Mawr Rd, Carlisle, PA 17013-1588 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 $6,588.34 L.L. $.50 Interest from 1/14/08 at interest rate of 6% per year -- To be Determined Atty's Comm Atty Paid $54.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 11/04/09 (Seal) ~~ K - ~ ~. Long, Prothonotary By: Deputy REQUESTING PARTY: Name AMY DOYLE, ESQUIRE Address: MANN BRACKEN LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 866-253-0128 Supreme Court ID No. 87062 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ny R Anderson F'1LF~a- '~~ v herifl ~ ,e~~tP nt ruin&rrfi~ '~~= T~-j= ~' ,•- 1 r>~r, ?~~Y Jody S Smith ~ ~~ Chief Deputy ~~; , , y~ zQ« 1~L _s pl`~f ~~ { z ` ,,.,~~ Richard W Stewart ~ " G~{{~ ~ Solicitor cr~~~E ~ ~ rt~~ ; ~: RtFr ; ~ ; ... i ,~: ~ '~~~ Midland Funding LLC Go Mann Bracken LLC Case Number vs. Kathleen Day 2008-259 SHERIFF'S RETURN OF SERVICE 11/12/2009 12:45 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1245 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathleen Day, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Tania Young, Deposit Operations Representative, 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 November 13, 2009 to Kathleen Day a/k/a Kathy Camis at 202 W Keller Street, Mechanicsburg, PA 17055. 07/06/2010 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: $91.62 SO ANSWERS,+ July 06, 2010 RON R ANDERSON, SHERIFF By n a ~OI~ P~ ~ Co. ~~ 7~ ~~~ !c) Gount,5uite ShenB. TeleosoR. U7c. ~ ~ / ~ ~~ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 KATHLEEN ANN DAY fka Kathleen Ann Camis, CASE NO. 1:09-bk-09009 Debtor KATHLEEN ANN DAY fka Kathleen Ann Camis, Movant V. wp w rrtw 3 =7: MIDLAND CREDIT MANAGEMENT r-- INC, -<3' CD C Respondent A =CD ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522{f}of the Bankruptcy Code,it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted,to wit,the judgment of MIDLAND CREDIT MANAGEMENT INC in the approximate amount of$6,588.34 entered in Cumberland County at docket number#2008-CV-259 be and hereby is avoided;it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the CoUM U. 0#4 Jr Dated: December 4, 2012 Robb N.ord,'U.BmkupWy AWV �a CERTIPIED FROM THE RECORD #tial. 241 5a PA oerr dprk, Ban. uprUy4r _-- �t,la'�1�-(irt7a7tst4 Per r) u Cierk Case 1:09-bk-09009-RNO Doc 53 Filed 12/04/12 Entered 12/06/1209: :1 esc Main Document Page 1 of 1