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HomeMy WebLinkAbout08-0711IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. I1 . l_1 VS Plaintiff No. cc - 711 Civi I°rm CIVIL ACTION - LAW DAVID MASSIE Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), DAVID MASSIE , for want of pursuant to the District Justice Transcript. (X) Amount due $900.00 TOTAL $900.00, plus interest and costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: E (t? ?? Amy F. Doyle 08'k,6-2 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17,011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, Feb 1 , 20M_, JUDG IS S ABOVE. Protho otary/Clerk, ivis' n By: Deputy W&A File No. 171882835 COMMONWEALTH OF PENNSYLVANIA rnl im-ry nF• CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BHBAKEB Address: 1 COU>6LTHOUS$ SQ E WXNG CARLISLE,, PA Telephone: (717 ) 240-6564 17013 MIDLAND CREDIT MANAGEMENT, INC. 4660 TRINDLE RD APT/STE 200 C/O VOLPOFF A ABRAMSON CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS riIDLAND CREDIT MANAGEMENT, INC. 4660 TR131DLZ BD APT/STE 200 C/O VOLPOFF & ABRAMSON LCAMP HI PA 17011 J us. DEFENDANT: NAME and ADDRESS r-NASSIE, DAVID ? 3 EAST LOOTlI ST APT/STE 3C CARLISLE, PA 17013 L J Docket No.: CV-0000133-07 Date Filed: 3/26/07 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF (Date of Judgment) 5/04/07 Judgment: ® Judgment was entered for: (Name) MIDLAND CREDIT MANAG'P, INC ® Judgment was entered against: (Name) MASSIE, DAVID in the amount of $ 900.0 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 Judgment Costs $ 774.00 $_ 126.00 ? Interest on Judgment $ 0 Attorney Fees $ .00 Total $ 900.00 Post Judgment Credits $ Post Judgment Costs $ Cenifled 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 JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST - COMEF.RONLTHECOLHLQF COMMODLPLEAS AND. NO.FURTHER-I?RQ ESS MAY-RE-ISSUED_B.Y_THE MAGMTERIOL-MSTRIOLIUDGE-_ UNLESS THE JUDGMENT IS ENTERED IN THE COURT'OF COMMON 'PLEAS; ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL;. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a Y Eta e Nlagipterial Dis sict J lge I'ce fy thafthis is.a-tru a rrect'6d?p of the record of the proceedings containing the judgment. l 2? yO?I Date,- I L?-r= , rJiagiserit Dlstrsct ,s`Jdge My commission expires first Monday of January, 2012 SEAL , AOPC 315-06 DATE PRINTED: 5/04/07` 1:33:00 PM J U L _ 2 2007 MAY 7 20 1% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT. INC. Plaintiff No. VS CIVIL ACTION - LAW DAVID MASSIE 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, David Massie, above-named, is over 21 years of age; is last known to reside at 423 Factory Street 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: f /-I- ?azx'?/ Amy F. Doyle #81662 / 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 SWORN and SUBSCRIBED to before me this )n ? day of l , 20(n. COMMONWEALTH OF PENNSYLVANIA Notarial Seal grandi M. Moody, Notary Public Hampden Twp., Ctxnbertand CountY My Comrnissiort E)ires Nov. 30, 2010 Member, Pennsylvania Association of Notaries Notary Public W & A File No. 171882835 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. Plaintiff VS DAVID MASSIE 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 Suite 200 San Diego CA 92123 and certify that the last known address of the within Defendant(s) is: David Massie 423 Factory Street Carlisle PA 17013 Date: t l U ?i Amy F. Doyle #87062 / Daniel F. Wolfson #206-1'7---- 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. 171882835 C o C= M ? irn r o ?-C- `° _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC. Plaintiff VS DAVID MASSIE Defendant(s) No. CIVIL ACTION - LAW NOTICE OF ORDER, DECREE OR JUDGMENT TO: DAVID MASSIE 423 Factory Street CARLISLE, PA 17013 You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on ?el?bg 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 $900.00, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $900.00, attorney's fees in the amount of $0.00, interest in the amount of $0.00, 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 have any questions regarding this Notice, please contact the filing party. l my F. Doyle # 7062 / Daniel F. Wolfson #2061 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 rothono W&A File No. 171882835 i PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE Plaintiff VS. DAVID MASSIE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 08-711 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 $900.00. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,DAVID MASSIE located at 423 FACTORY STREET, CARLISLE, PA 17013, Defendant(s) (3) and against, CORNERSTONE FEDERAL CU located at 5 EASTGATE DR, CARLSILE, PA 17013-9124, Garnishee(s); (4) and index this writ (a) against, DAVID MASSIE , Defendant(s) and (b) against, CORNERSTONE FEDERAL CU, 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 CORNERSTONE FEDERAL CU located at 5 EASTGATE DR, CARLSSLE, PA 17013-9124, 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 $900.00 Interest from 02/01/2008 To Be Determined At an interest rate of 6% per year Total $900.00 Plus costs & interest Date: 3l zbk / Daniel F. Wolfson #20617 hili 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. 171882835 XXX-XX-2990 0 W fi c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING, LLC, assignee of ASPIRE, Plaintiff (s) From DAVID MASSIE, 423 Factory Street, 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 GARNISHEE(S) as follows: CORNERSTONE FEDERAL CU, 5 Eastgage Drive, Carlisle, PA 17013-9124 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 $900.00 L.L. $.50 Interest from 2/01/08 at an interest rate of 6% per year - To be Determined Atty's Comm % Arty Paid $54.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 3/17/08 (Seal) Curti . Long, Pro 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 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00711 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MIDLAND CREDIT MANAGEMENT INC VS MASSIE DAVID And now MARK CONKLIN .00 .00 .00 .00 Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:30 Hours, on the 31st day of March 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MASSIE DAVID ,Sheriff or Deputy Sheriff of , in the hands, possession, or control of the within named Garnishee CORNERSTONE FEDERAL CU 5 EASTGATE DRIVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DAVID KEFFER (CEO) BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made S o e Cdr R. Thomas Kline Sheriff of Cumberland County 00 ? y163/ 67 & -, 04/01/2008 day of B xlz- Y Y D(?puty Sheriff A.D 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 Poundage Advertising Law Library Prothonotary Milage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee Advance Costs: 150.00 85.99 18.00 64.01 1.69 Refunded on 11/07/08 .50 2.00 4.80 30.00 20.00 9.00 85.99 ?i?1z y??S 91 :E d 81 8vw 8001 ?I?B?1?10 V'd 'Xj.Hn JJW3HS -h! -o 33i-JAo So Answ rs R. Thoma Kline, Sheriff By 4%li Z ??' ? SGT ? G4 Ca °o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING, LLC, assignee of ASPIRE, Plaintiff (s) From DAVID MASSIE, 423 Factory Street, 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 GARNISHEE(S) as follows: CORNERSTONE FEDERAL CU, 5 Eastgage Drive, Carlisle, PA 17013-9124 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 $900.00 L.L. $.50 Interest from 2/01/08 at an interest rate of 6% per year - To be Determined Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 3/17/08 (Seal) Due Prothy $2.00 Other Costs 22?41. ?-. Curtis . Long, Pro By: 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 Deputy Supreme Court ID No. 86341