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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 ?8,va ?s