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=
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irn
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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