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HomeMy WebLinkAbout08-2572IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ^^?? cl ASSIGNEE OF SHERMAN ACQUISITION No. v ?, F1L.r1'1 ASSIGNEE OF BANK OF AMERICA 1 Plaintiff CIVIL ACTION - LAW vs. ROBERTA L DUPES Defendant(s) PRAECIPE FOR ENTRY OF EXEMPLIFIED JUDGMENT To the Prothonotary: Please enter the attached Exemplified record as a civil judgment. Respectfully Submitted, Date: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip n1i41 / David R. Galloway #87326 nil n M. Chi ie #V852 / 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. 162149691 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF BANK OF AMERICA Plaintiff vs. ROBERTA L DUPES Defendant(s) No. (2, CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), Roberta L Dupes , pursuant to the attached Exemplified Judgment Record. ( X) Amount due TOTAL $14,053.91 $14,053.91, 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 ng of this praecipe and a copy of the notice is attached. Date: Amy F. Doy 7062 / Daniel F. Wolfson #20617 Ph=Chipp / David R. Galloway #87326 2 / Sarah E. Ehasz #86469 R59 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, DbAl? , 20 0Wrhonot.ary/Clerk, D MENT IS ENTERED A ABOVE. Civil iv`irsiot?t By: Deputy W&A FILE NO. 162149691 District of Pennsylvania, composed of the Counties of Snyder and Union, in the said Commonwealth of Pennsylvania, do hereby certify that Teresa J. Berger whose name is subscribed to the annexed instrument and thereon written, and who in her own handwriting thereunto subscribed her name and affixed the seal of the 1, Honorable Harold F. Woelfel, Jr., President Judge of the Seventeenth Judicial Prothonotary & Clerk of Court CERTIFICATION of Snyder County, was at the time of so doing and now is the Prothonotary & Clerk of Court in and for the said County of Snyder in the Commonwealth of Pennsylvania, duly qualified and commissioned to all of whose acts as such full faith and credit are and ought to be given, as well in Court of Judicature as elsewhere, and that the said oath or acknowledgment are in due form of law and made by the proper officer. W02D to PRESIDENT JUD COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER : SS I, Teresa J. Berger, Prothonotary and Clerk of Court in the Court of Common Pleas, in and for the County of Snyder, 17th Judicial District, in the State of Pennsylvania, do hereby certify that the Honorable Harold F. Woelfel Jr. by whom the foregoing attestation was made, and who has thereunto subscribed his name, was at the time of making thereof and still is PRESIDENT JUDGE of the Court of Common Pleas, 17th Judicial District, in and for the Counties of Snyder and Union, duly commissioned and qualified to all whose acts as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court this ?97 ? day of ? 0,7, r I , .. ?Q Prothonotary Clerk o C Snyder County Date: 2/27/2008 Time: 10:57 AM Page 1 of 2 Filed: Subtype: Comment: 8/18/2006 Civil Snyder County Court of Common Pleas User: JFAWVER Complete Case History Case: CV-0360-2006 LVNV Funding, LLC vs. Roberta L. Dupes Sheriffs Costs: $30.40 Physical File: Y Status History Pending Judgment Entered Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys 8/18/2006 10/9/2006 LVNV Funding, LLC 15 South Main Street, Ste 700 Greenville SC 29601 Home: Work: Appealed: N SSN: DOB: Sex: Send notices: Y Assignee of Sherman Acquisition, assignee of Bank of America Doyle, Amy F. (Primary attorney) Send Notices Defendant Name: Dupes, Roberta L. SSN: Address: 3331 Paxtonville Road DOB: Middleburg PA 17842 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 8/18/2006 Complaint-Civil Action and Notice filed by Woelfel, Harold F. Jr. Atty. Amy F. Doyle, for Plaintiff. Copy exit to Atty. and copy exit to Sheriff for service. Original exit to Judge for case management. Filing: Civil Complaint/Petitions Paid by: Woelfel, Harold F. Jr. Doyle, Amy F. (attorney for LVNV Funding, LLC) Receipt number: 0044912 Dated: 8/18/2006 Amount: $82.00 (Check) 8/25/2006 CASE MANAGEMENT ORDER, filed by Woelfel, Harold F. Jr. Judge. Ant. Arb: 2nd Qt. 2007 Discovery: Jan 15, 2007 8/29/2006 Cert. copies exit to Atty. Spears, Pltf., Deft Woelfel, Harold F. Jr. by reg. mail, Adm. Asst. by folder 8/31/2006 Sheriff Return of Service filed. Woelfel, Harold F. Jr. Defendant was served on August 29, 2006 Sheriffs Costs: $30.40 Date: 2127/2008 Snyder County Court of Common Pleas Titre: 10:57 AM Complete Case History Page 2 of 2 Case: CV-0360-2006 LVNV Funding, LLC vs. Roberta L. Dupes Register of Actions 10/9/2006 Praecipe For Judgment filed by Atty. Amy Woelfel, Harold F. Jr. F. Doyle, for Plaintiff. Judgment entered in favor of Plaintiff and against Defendant for failure to answer the Complaint. TOTAL: $14,053.91, plus interest and costs Filed: 11:41 a.m. NOW, October 9, 2006, Judgment is Entered as Above. Teresa J. Berger, Prothonotary s/s Jean M. Fawver, Deputy Copy exit to Dep. Crt. Adm. and Atty. Doyle Notice of Entry of Judgment exit to Woelfel, Harold F. Jr. Defendant by Reg. Mail along with copy of Praecipe. Judgment Certificate exit to Atty. Doyle by Woelfel, Harold F. Jr. Reg. Mail. 2/27/2008 Praecipe to Request Exemplified Woelfel, Harold F. Jr. Judgment filed by Atty. David R. Galloway, for Pltf. Exemplified Record exit to Atty. Galloway Woelfel, Harold F. Jr. by reg. mail Disposition Order date In Favor Of Disposition Judgment 10/09/2006 Plaintiff 00/00/0000 Open Judgment by Praecipe Comment: $14,053.91, plus interest and costs Plaintiff: LVNV Funding, LLC Defendant: Dupes, Roberta L. Certifie nd Extracted from the Record this day of 20 O ,WProthonotary and Clerk of CourM*Snyder County, Pa User: JFAWVER Date: 2/27/2008 Snyder County Court of Common Pleas NO. 0050861 Time: 10:55 AM Receipt Page 1 of 1 Received of: Doyle, Amy F. (attorney for LVNV Funding, LLC) $ 16.00 Sixteen and 00/100 Dollars Case: CV-0360-2006 Plaintiff: LVNV Funding, LLC vs. Roberta L. Dupes Amount Certification, Exemplification Docket Entries (preparation) 16.00 Filed with Petition Total: 16.00 Check: 00267064 Payment Method: Check Amount Tendered: Clerk: JFAWVER 16.00 Teresa J. Berger, Prothonotary & Clerk of Court By: Deputy Clerk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF BANK OF AMERICA Plaintiff VS ROBERTA L DUPES Defendant(s) No. CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Lvnv Funding, Llc 15 South Main Street Greenville SC 29601 and certify that the last known address of the within Defendant(s) is: Roberta L Dupes 529 Paxtonville Dr Middleburg PA 17842 Date: /11//)? Amy F. DoylK#87062 / Daniel F. Wolfson #20617 Phili C 86341 / David R. Galloway #87326 m yn M. hippie #87 2 / Sarah E. Ehasz #86469 r. 01259 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. 162149691 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF BANK OF AMERICA No. Plaintiff VS CIVIL ACTION - LAW ROBERTA L DUPES 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, Roberta L Dupes, above-named, is over 21 years of age; is last known to reside at 529 Paxtonville Dr Middleburg, County of Snyder, 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: 4?0 S A Amy 96oy K e#87062 / Daniel F. Wolfson #20617 Phili 86341 /David R. Galloway #87326 m yn pie #8 2 / Sarah E. Ehasz #86469 o ert . 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 l day of 20_?O COMMONWEALTH OF PENNSYLVANIA Notari'A Seal Amy R. Wise, Notary Public Hampden Twp., Cumberland County My Commission Expires Nov. 30, 2010 O Notary Public member, Pennsyivania Association of Notaries W & A File No. 162149691 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION NO. ASSIGNEE OF BANK OF AMERICA Plaintiff CIVIL ACTION - LAW VS. ROBERTA L DUPES Defendant(s) AFFIDAVIT OF FOREIGN JUDGMENT Commonwealth of Pennsylvania County of CUMBERLAND :ss. AND NOW, TO WIT, this day of , 20 , comes the undersigned who being duly sworn according to law, deposes and says that they are the Attorney for the Plaintiff in the above-captioned action; that the judgment is valid, enforceable and unsatisfied. -4 Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Phili 86341 / David R. Galloway #87326 M-nilyn M Chippie #8 52 / Sarah E. Ehasz #86469 1259 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 SUZRIBED to bef e me this W" day, , y, of Y )1 20 ,o Nota P blic COMMONWEALH OF PENNSYLVANIA e, Notary Public 7r,Ex rial Seal H Cumberland County Mpires Nov 30, 2010 Member, POnnsylvania Association of Notaries W&A File No. 162149691 a 00 ? J N S _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION No. ASSIGNEE OF BANK OF AMERICA 0?•? ` Plaintiff vs. ROBERTA L DUPES Defendant(s) CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given th t a Judgment in the above-captioned matter has been entered against you in the amount of $14,053.91, plus interest, on , 20jC?8. ( x ) A copy of all documents filed with the Prothonotary i support of the within judgme t is/are attached. By: 1c, I If you have any questions regarding this Notice, vjePe contact the filing party. Date: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 P 41 / David R. Galloway #87326 m yn M. Chip #87 2 / Sarah E. Ehasz #86469 Robert . o as, r. #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 This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Roberta L Dupes 529 Paxtonville Dr Middleburg PA 17842 W&A File No. 162149691 1 1 7 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 TO 3149 LVNV FUNDING, LLC ASSIGNEE OF BANK OF AMERICA Plaintiff VS. ROBERTA L DUPES Defandant (s ) : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. pg as?a C?vi c TrW PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $ 14,053.91. (1) Directed to the Sheriff of CUMBERLAND (2) against, ROBERTA L DUPES 529 PAXTONVILLE DR MIDDLEBURG PA 17842 Def andant (s) ; (3) and against WACHOVIA BANK located at 3205 TRINDLE.RD CAMP HILL PA 17011 (4) And index this writ (A) against ROBERTA L DUPES Defandant(s) and (B) against, 'WACHOVIA BANK County, Pennsylvania; 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 WACHOVIA BANK , 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: $ 14,053.91 Interest From: 10/09/2006 To Be Determined At an interest rate of 6% per year Total: $ 14,053.91 Plus costs & interest (total includes post judgment credits). David REE ] oway #87326/ilip C. Warholic #86341 bert N. Polas, Jr. #201259 Sara Tt`sz 4469/R! Amy F. Doyle #87062 Mann Bracken LLC / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 PABGAR/PABANK FILE # 162149691 0 2 1.. J 0 A t31 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2572 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, Assignee of BANK OF AMERICA, Plaintiff (s) From ROBERTA L. DUPES, 529 Paxtonville Drive, Middleburg, PA 17842 (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: WACHOVIA BANK, 3205 Trindle Road, Camp Hill, PA 17011 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 $14,053.91 L.L. $.50 Interest from 10/09/08 at an interest rate of 6% per year -- To be determined Atty's Comm % Due Prothy $2.00 Arty Paid $168.40 Other Costs Plaintiff Paid Date: 12/16/08 C s R. Lo onotary (Seal) By: Deputy REQUESTING PARTY: Name DAVID R. GALLOWAY, ESQUIRE Address: MANN BRACKEN, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87326 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02572 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC ET AL VS DUPES ROBERTA L And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:30 Hours, on the 18th day of December-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DUPES ROBERTA L in the hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAUL FENTON (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this So answers: .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 ?/?^? 0 0 V l? ?a? JAY 12/19/2008 day of A.D By -2E `.. _/,?) De ut Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGGEE OF BANK OF AMERICA Plaintiff NO. 082572 VS. ROBERTA L DUPES Defendant. CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the. Prothonotary: Kindly mark the attachment against the Garnishee, WACHOVIA BANK, discontinued, upon payment of your costs only. Respectfully Submitted, Dated: ? mot/ Am yj-DQ le #87462 Zvu p C. Warholic #86 alloway #87326 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 MANN BRACKEN LLP The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, PC Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 MB File No. 162149691 c -c! ril rT'C' .3 W C7 - - CK) I I 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 ' pundage ?`'- Library Prothonotary Mileage Surcharge Levy Postage Garnishee 18.00 1.70 .50 2.00 4.50 30.00 20.00 .88 9.00 $ 86.58 ?4????' 9 Advance Costs: 150.00 Sheriff's Costs: 86.58 63.42 Refunded on 06/23/09 So Answers, R. omas Kline, Sbe: B? Sharon R. Lantz f9 L ? :b V L 1 330 BOOT ?Iff14 om . [) t ? cit. -7030V