HomeMy WebLinkAbout08-4689
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
Plaintiff No. d$ - I f(ps9 C t vi GPM
VS CIVIL ACTION- LAW
DEBORAH A SMITH
Defendant(s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s), DEBORAH A SMITH , for want of pursuant to the
District Justice Transcript.
(X) Amount due $1,733:11
TOTAL $1,733.11, 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: 3
Amy F. Doyle #87062 / Philip C. Warholic #86341 /
David R. Galloway #87326 / Sarah E. Ehasz #86469 /
Robert N. Polas, Jr. #201259
Mann Bracken LLC
The Successor by Merger to Wolpoff & Abramson, L.L.P.
and Eskanos & Adler, P.C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
NOW, , 20jDL_, JUDGMENT IS ENTERED AS ABOVE.
/_Sf - to-.
thonotary/Clerk, Civil Di Sion
By:
Deputy
File No. 180664620
COMMONWEALTH OF PENNSYLVANIA
Rn[ INTY nF• CUJIBZ RLAND
Mag. Dist. No.:
09-3-02
NOTICE OF JUDGMENT;AWSCR;T
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rffiIDLAND' FUNDING LLC
?
4 660 TRINDLE ROAD APT/ STE 300
C/O DAVID R GALLOWAY ESQ
SAW HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
FSKITH, DEBORAH A ?
17 QUARRY HILL HD
NENPILLE, PA 17241
L J
Docket No.: CV-0000077-08
Date Filed: 5/06/08
MDJ Name: Hon.
VIVIAN COHICE
Address: PO BOX 155
27 W BIG SPRING AVE
NENVILLE, PA
Telephone: (717 ) 776-3187 17241
ATTORNEY FOR PLAINTIFF :
DAVID R. GALLOWAY
4660 TRINDLE RD STE 300
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT Jul 02M T PLTF
(Date of Judgment)
6/17/08
0 Judgment was entered for: (Name) MIDLAND FLING LLC
Judgment was entered against: (Name) SMITH, DEBORAR A
1 733 If-
in the amount of $
? 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 $ 1,664.11
$-6905
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,733.11
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.
AOPC 315-07
DATE PRINTED: 6/17/08 2:50:00 PM
My commission expires first Monday of January, 2012. SEAL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
Plaintiff
No.
VS CIVIL ACTION - LAW
DEBORAH A 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, Deborah
A Smith, above-named, is over 21 years of age; is last known to reside at 17 Quarry Hill 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 Civil Relief Act and its Amendments.
Date: a [3l `b
Amy F. Doyle X87062 / Philip C. Warholic #86341 /
David R. Galloway #87326 / Sarah E. Ehasz #86469 /
Robert N. Polas, Jr. #201259
Mann Bracken LLC
The Successor by Merger to Wolpoff & Abramson, L.L.P.
and Eskanos & Adler, P.C.
4660 Trindle Road, Suite 300, Camp Hill PA 17011
Telephone: (717) 303-6700 NOTARIAL SEAL
Counsel for Plaintiff ELANA ORTIZ
Notary Public
FCo'MM1331on DEN TWP, CUMBERLAND COUNTY
Explrea Mar r 21, 2012
SWORN and SUBSCRIBED to before me this 151 day of , 20f.
Notary Public
Affidavit of Non-Military File No. 180664620
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
I if
MIDLAND FUNDING LLC
Plaintiff
VS
DEBORAH A 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:
Midland Funding Llc
8875 Aero Drive
San Diego CA 92123
and certify that the last known address of the within Defendant(s) is:
Deborah A Smith
17 Quarry Hill Rd
Newville PA 17241
Date:
Amy F. Doyle #0062 / Philip C. Warholic #86341 /
David R. Galloway #87326 / Sarah E. Ehasz #86469 /
Robert N. Polas, Jr. #201259
Mann Bracken LLC
The Successor by Merger to Wolpoff & Abramson, L.L.P.
and Eskanos & Adler, P.C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17,011
Telephone: (717) 303-6700
Counsel for Plaintiff
Certificate of Residence File No. 180664620
F'? _ C':7
30
47- j
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
No.
Plaintiff
VS
CIVIL ACTION - LAW
DEBORAH A SMITH
Defendant(s)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: DEBORAH A SMITH
17 QUARRY HELL RD
NEWVILLE, PA 17241
You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on
411n do08 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 $1,733.11, plus costs.
(X) District Justice transcript of judgment in civil action in the amount of $1,464.82, attorney's fees in the
amount of $0.00, interest in the amount of $199.29, 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: L.- K. "
othonotary A
If you have any questions regarding this Notice, please contact the filing pa
Date:
/4A4
Amy F. Doyle #87062 / Philip C. Warholic #863411
David R. Galloway #87326 / Sarah E. Ehasz #86469 /
Robert N. Polas, Jr. #201259
Mann Bracken LLC
The Successor by Merger to Wolpoff & Abramson, L.L.P.
and Eskanos & Adler, P.C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Piaintiff
DJ - Notice of Judgment
(This Notice is given in accordance with Pa. R.C.P. 236.) File No. 180664620
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA I _r t
IN RE: r
DEBORAH ANN SMITH,
Debtor Chapter 7 jptni? 4
Case No. 1-09-b1 00783-MDFr
CJERTIf ROM
DEBORAH ANN SMITH, .
Movant
MIDLAND FUNDING LLC,
Respondent Dated: April 20, 2010
ORDER
Rebecca Parker, Deputy Clerk
AND NOW, it appearing that the respondent has failed to answer or otherwise defend as
to the Motion to Avoid Judicial Lien filed herein by Movant, and upon this Court's finding that
the allegations of said motion are sufficient to state a good claim for relief, it is hereby
ORDERED, ADJUDGED and DECREED that:
1. The judicial lien held by the respondent, Midland Funding LLC, against Debtor's real
property located at 17 Quarry Hill Road, Newville, Cumberland County, Pennsylvania, and
entered of record at Docket No. 2008-4689 Civil Term at the Cumberland County
(Pennsylvania) Court of Common Pleas, is declared void.
2. The respondent shall forthwith take all steps necessary to release said judicial lien
and remove it from the local judgment index.
By the Cowl,
704?-k ?
Bau p iUdge (RCP)
This document is electronically signed and , filed on the same date.
Dated: May 29, 2009
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