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
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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
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