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HomeMy WebLinkAbout08-0909IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC Plaintiff No. O$ _ 900 ?V ( (er rk VS CIVIL ACTION - LAW JOHN MENEAR Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), JOHN MENEAR , for want of pursuant to the District Justice Transcript. (X) Amount due $1,232.67 TOTAL $1,232.67, 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: ? 14?6 Amy F. Doyle #7062 / Daniel F. Wol fs pn 420 7 Philip C. Warholic #86 1 / David R. ballowav 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 NOW, FA.h S 200S_, JUDG NT IS ENTE AS ABOVE. Pro onotary/Cler i Div' ion By: Deputy W&A File No. 172927987 • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-05 MDJName: Hon. MARS MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 PALISADES COLLECTION LLC/ASSIG HSBC 4660 TRINDLE ROAD APT/STE 3 FL C/O WOLPOFF 6o ABRAMSON CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: " -I9 -z 7 NOTICE OF JUDGME T/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPALISADES COLLECTION LLC/ASSIG HSBd 4660 TRINDLE ROAD APT/STE 3 FL C/O NOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS riENEAR, JOHN 1101 LINDHAM CT APT/STE 110 MECHANICSBURG, PA 17055 L J Docket No.: CV-0000263-07 Date Filed: 7/25/07 ` Judgment; DEFAULT- JUDGMENT PLTF (Date of Judgment) 9/.14/07 71 Judgment was entered for: (Name) PALISADES COLLECTION LLC/ASSIG ® Judgment was entered against: (Name 10AR, JOHN in the amount of $ 1,232.6) ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 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 $ 1,117.171 Judgment Costs $ 115.50 Interest on Judgment $ .00 Attorney Fees $ .1110 Total ti.8 $ 1', 232.67 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.ENT€13:TLiE,ILIDGAi kT.,lN;-THE GQli€tT OF O MQN,PEEAS, ALLFURTHER PROCESS M1 UNLE TI1= JUD MENT IS EN EFiE fN THE COURT O C 0 OM PLEAS, ANYONE IIVTEI??STEb IN THE JU?IGMENT M/ A'REQU ,EST FOR ENTRY OF SATISFACTION;WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS I ' SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 'Date. I certYy't `t this is a true and co l ? 17 I " Date ? yf iE'-`. , FULL, Magisterial District Judge py of the record of the proceedings containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 9/14/07 10:43:00 AM SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC No. Plaintiff VS CIVIL ACTION - LAW JOHN MENEAR 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, John Menear, above-named, is over 21 years of age; is last known to reside at 1101 Lindham Ct #110 Mechanicsburg, 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: 1.,1411136 Amy F. Doyle #8i662 / Daniel F. Wolfso 7 Philip C. Warholic #863 David 1? alloway #8732 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 `f}h day of r 20oll . COMMONWEALTH OF PENNSYLVANIA Notarial Seal Brand! M. Moody, Notary Public Hampden Twp., Curnberland County My Commission E)qAres Nov. 30, 2010 Notary Public Member, Pennsylvania Association of Notaries W & A File No. 172927987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC No. Plaintiff VS CIVIL ACTION - LAW JOHN MENEAR 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: John Menear 1101 Lindham Ct #110 Mechanicsburg PA 17055 Date: L?? niel F. Wolfson #20617 Da Amy F. Doyle #870 t34 Philip C. Warholic avid R. G 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. 172927987 co C--) C7 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC Plaintiff VS JOHN MENEAR Defendant(s) No. CIVIL ACTION - LAW NOTICE OF ORDER, DECREE OR JUDGMENT TO: JOHN MENEAR 1101 LINDHAM CT #110 MECHANICSBURG, PA 17055 You are hereby 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 $1,232.67, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $1,013.09, attorney's fees in the amount of $0.00, interest in the amount of $104.08, 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 If you have any questions regarding this Notice, please contact the filing party. Date: Amy F. Doyle #87 2 / Daniel F lfson #20617 Philip C. Warholic #86341 avid R. a owa #87 Tonilyn M. Chippie #87852 arah 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 othonotary ` W&A File No. 172927987 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 08-909 CIVIL TERM JOHN MENEAR Defendant(s) 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 $1,232.67. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,JOHN MENEAR located at 107 ELMWOOD DR, MIDDLETOWN, PA 17057-5515, Defendant(s) (3) and against, MEMBERS 1ST located at 1000 BRYN MAWR RD, CARLISLE, PA 17013-1588, Garnishee(s); (4) and index this writ (a) against, JOHN MENEAR , Defendant(s) and (b) against, MEMBERS 1ST, 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 MEMBERS 1ST located at 1000 BRYN MAWR RD, CARLISLE, PA 17013-1588, 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 $1,232.67 Interest from 02/08/2008 To Be Determined At an interest rate of 6% per year Total $1,232.67 Plus costs & interest Date: UA 1A10 / Avy66m aniel F. Wolfson #20617 C. Warholic 634 David R. Galloway #87326 n M. Chi ppie 4#87852 2 / 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. 172927987 XXX-XX-0106 ?V C? -a p6`Q- N O t? r r t? a `64 ?' 9u SLi -1 x o c? a - w D t;_ tV -Q 2) a 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-909 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 JOHN MENEAR,107 Elmwood Dr., Middletown, PA 17057-5515 (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 1" 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, 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 $1,232.67 L.L. $.50 Interest from 2/02/08 at an interest rate of 6% per year -- To Be Determined Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 3/20/08 (Seal) Due Prothy $2.00 Other Costs 'z'. C s R. Lo 0 ono 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION,L.L.C. ASSIGNEE OF HSBC Plaintiff VS JOHN MENEAR Defendant(s) No. 08-909 CIVIL TERM CIVIL ACTION - LAW ,4ku? 1-? - INTERROGATORIES TO GARNISHEE TO: MEMBERS 1ST 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 of 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, and 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. W&A File No. 172927987 XXX-XX-0106 INTERROGATORIES TO GARNISHEE DEFENDANT(S) - JOHN MENEAR 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. M020 SAV41S?I,2q 9 IA. 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. nD 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. alb 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. F) (D UJY& 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? nQ 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. no W&A File No. 172927987 XXX-XX-0106 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, 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. 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. nG 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). nc?, 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. M i Date: 163 Am. y F. Doyle # [ Daniel F. Wolfson #20617 ?C. Warholic #48630/ David R. Galloway #87326 oni yn tppie #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. 172927987 XXX-XX-0106 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is 1 can S .Y(,) 0 o cr (Name) .?L nn (;?? f ? eve Y Ou ?Ilen(=1st FedW CmdF Unron (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. (SIGNATU ) SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00909 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PALISADES COLLECTION LLC VS MENEAR JOHN And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:25 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 MENEAR JOHN hands, possession, or control of the within named Garnishee MEMBERS 1ST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BETH WAGNER (ASST. 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 Her , in the true and made Sheriff's Costs: So ansecrs??? .? Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 0 0? y l6?/0? /? .00 04/01/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D `r 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: Advance Costs: 150.00 85.99 Docketing 18.00 64.01 ` Poundage 1.69 Advertising Refunded on 11/07/08 r Law Library .50 Prothonotary 2.00 Milage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 n So Answers, 85.99 ? ??? y ?n ?^ .?? Thomas Kline, Sheriff By 9S .E d hZ bvW U01 JY83HS 3hi ?2- 5 0 0 c.?.,, G c, 85? ??-76 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-909 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 JOHN MENEAR, 107 Elmwood Dr., Middletown, PA 17057-5515 (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, 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 $1,232.67 L.L. $.50 Interest from 2/02/08 at an 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: 3/20/08 (Seal) Curtis R. ong, Prothono 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