HomeMy WebLinkAbout08-2778
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
Plaintiff
VS
TAMMY J SMITH
Defendant(s)
No. 08 - oZ778 CiVi I -Frr-w%
CIVIL ACTION LAW
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s), TAMMY J SMITH , for want of pursuant to the
District Justice Transcript.
(X) Amount due $1,259.98
TOTAL $1,259.98, 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 Rraecipe and a copy of the notice is attached.
Date:
Amy F. Doyle #87062 / DanWad!M=loway?#8732?6'.
Philip C. Warho ' #863 Tonilyn A 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, ril 1q , 20__QL_, JUDGME S ENTERED A VE.
Prothon /Clerk, ' rvision
By:
Deputy
W&A File No. 179972349
COMMONWEALTH OF PENNSYLVANIA
rni mrrv nF• CUMBZRIJM
Mag. Dist. No.:
09-3-02
try /
( G15
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rPALISADES COLLECTION LLC
4660 TBI]NDLE ROAD APT/STE 300
TONILYN 1N CHIPPIE ESQ
LCANLP HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
r81LIT8, TAWT J
16 BBIDOEMATEB BD
NEMVILLE, PA 17241
L J
Docket No.: CV-0000018-08
Date Filed: 1/28/08
MDJ Name: Hon.
VIVIAN COHICE
Address: PO BOX 155
27 N BIG SPRING AVE
NEMVILLE, PA
Telephone: (717 ) 776-3187 17241
ATTORNEY FOR PLAINTIFF :
TONILTN X. CHIPPIE
4660 TBI]NDLE BD 3RD FL
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGKIII NT PLTF
(Date of Judgment)
3/05/08
® Judgment was entered for: (Name) PALISADES COLLECTION LLC
® Judgment was entered against: (Name) O NITH, TANKY J
in the amount of $ 1, 259.9
? Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
F]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 $ 1,190.98
Judgment Costs $ 69.00
Interest on Judgment $ •
Attorney Fees $ .00
Total $ 1,259.98
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 ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date "rJJ7?07?1 A. Magisterial District Judge
I certify that this is a true and correct copy of thft record of the proceedings containing the judgment.
'4-N-09' Date , Magisterial District Judge
My commission expires first Monday of January, 2012 SEAL
AOPC 315-07
DATE PRINTED: 3/05/08 2:45:00 PM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
No.
Plaintiff
VS CIVIL ACTION - LAW
TAMMY J SMITH
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, Tammy J
Smith, above-named, is over 21 years of age; is last known to reside at 16 Bridgewater Rd Newville, 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 CivilAdief.Act and its Amendments.
Y
Date:
Amy F. Doyle #87"52 / D iel-?-?Ve 4
Philip C. Warholic 6 I / David? Gall
Tonilyn M. Chippie # 852 / Sarah E. Ehasz
Robert N. Poias, 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
17
20 Q ?.
SWORN and SUBSCRIBED to before me this o2) "d't day of QP=a I -
COMMONWEALTH OF PENNSYLVANIA
NotWW Seal
auridl M. Moody, Notary Public
Hampden Twp., Curnberlard County
My n Exoms Nov. 30, 2010
Member, Pennsylvania Association of Notaries
LdMd=?= M - I- I j
Notary Public
W & A File No. 179972349
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
Plaintiff
VS
TAMMY J SMITH
Defendant(s)
No.
CIVIL ACTION - LAW
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:
Tammy J Smith
16 Bridgewater Rd
Newville PA 17241-9675
Date: ///t/)
Amy F. Doyle #87062 / Daniel 17
Philip C. Warh 8634 ?
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. 179972349
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
No.
Plaintiff
VS
CIVIL ACTION - LAW
TAMMY J SMITH
Defendant(s)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: TAMMY J SMITH
16 BRIDGEWATER RD
NEWVILLE, PA 172419675 ,
You are h by notified that the following ORDER, DECREE or JUDGMENT has been entered against you on
y o2 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 $1,259.98, plus costs.
(X) District Justice transcript of judgment in civil action in the amount of $994.07, attorney's fees in the
amount of $0.00, interest in the amount of $196.91, 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: ?-? 4L??L
P n77??/
If you have any questions regarding this Notice, please contact the filing party.
Date: 6 J
Amy F. yle #81062 /Dam
Philip C. Warholi #863 . G away #87326
Tonilyn M. Chippie #87852 / Sarah E. E asz #8
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
W&A File No. 179972349
'G V z
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 TO 3149
PALISADES COLLECTION,L.L.C.
ASSIGNEE OF AT &T
Plaintiff
VS.
TAMMY J SMITH
Def andant (s )
To the Prothonotary: Please issue the writ of Execution in the above-captioned
matter, in the amount of $1,259.98 .
(1) Directed to the Sheriff of CUMBERLAND
(2) against, TAMMY J SMITH
16 BRIDGEWATER RD
NEWVILLE PA 17241-9675
Def andant (s) ;
(3) and against PNC BANK
located at 105 NOBLE BLVD
CARLISLE PA 17013-4109
(4) And index this writ
(A) against TAMMY 'J SMITH
Defandant(s) and
(B) against, PNC BANK
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JUDGMENT NO. 08-2778
PRAECIPE FOR WRIT OF EXECUTION
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 PNC 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: $1,259.98
Interest From: 04/29/2008 To Be Determined
At an interest rate of 6% per year
Total: $1,259.98 Plus costs & interest (total includes post judgment credits).
A
141 r 044 1,040 y- '
Davi R. 11 ay #87326/Philip C. Warholic #86341
rah E. Ehasz #86469/Robert N. Polas, Jr. #201259
Amy F. Doyle #87062
Mann Bracken LLP / 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 # 179972349
' ro co
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2778 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PALISADES COLLECTION, LLC, Assignee of AT&T,
Plaintiff (s)
From TAMMY J. SMITH, 16 Bridgewater Rd, Newville, PA 17241-9675
(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:
PNC BANK, 105 Noble Blvd, Carlisle, PA 17013-4109
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 $1,259.98 L.L. $.50
Interest from 4/29/08 at an interest rate of 6/5 per year -- To be Determined
Atty's Comm % Due Prothy $2.00
Atty Paid $54.25 Other Costs
Plaintiff Paid
Date: 1/08/09
Curtis R. L o onotafy
(Seal) By:
Deputy
REQUESTING PARTY:
Name AMY F. DOYLE, 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. 87062
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-02778 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PALISADES COLLECTION LLC
VS
SMITH TAMMY J
And now MICHART, RARRT('K
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0016:43 Hours, on the 13th day of January , 2009, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
SMITH TAMMY J
hands, possession, or control of the within named Garnishee
PNC BANK 105 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
SHERI GUTTSHALL (ASST. MANAGER
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXRCTTTTC)T\T
the contents there of known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
-
. 00
, in the
true
and made
R. Thomas Kline
Sheriff of Cumberland County
01/14/2009
Sworn and Subscribed to /J r
before me this day of By
Deputy heriff
A . D ?-
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Cl-
4.J
4? r ti
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION, L.L.C.
ASSIGNEE OF AT &T
Plaintiff NO. 08-2778
vs.
TAMMY J SMITH
Defendant
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, PNC BANK, discontinued, upon payment
of your costs only.
Dated: 1)1746
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. 179972349
Respectfully Submitted,
44.
8
w' i
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
Sheriff's Costs: 86.13
Docketing 18.00 63.87
Poundage 1.69
Law Library .50 Refunded on 09/25/09
Prothonotary 2.00
Mileage 4.50
Surcharge 30.00
Levy 20.00
Postage .44
Garnishee
$
86.00 ? ?/?q/Q 9 ? So Answers,
?
R. Tomas Kline, Sheri,
By _Za
.,---Sharon R. Lantz
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2778 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PALISADES COLLECTION, LLC, Assignee of AT&T,
Plaintiff (s)
From TAMMY J. SMITH, 16 Bridgewater Rd, Newville, PA 17241-9675
(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:
PNC BANK, 105 Noble Blvd, Carlisle, PA 17013-4109
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 $1,259.98
L.L. $.50
Interest from 4/29/08 at an interest rate of 6/5 per year -- To be Determined
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 1/08/09
(Seal)
Due Prothy $2.00
Other Costs
(??izce --
C tis R. Lon onot v
By: - ---
Deputy
REQUESTING PARTY:
Name AMY F. DOYLE, 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. 87062