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HomeMy WebLinkAbout08-4965IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. vs. Plaintiff DORIA N MAHONEY Defendant(s) No. 08 - Alq&6 CiVi l TrM CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), Doria N Mahoney , pursuant to the attached Exemplified Judgment Record. ( X) Amount due TOTAL $8,488.83 $8,488.83, ( 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: J p C. Warholic #86341 / 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, , 200, J IS E D AS ABOVE. Pro onotary/C ivi Div' ion By: Deputy FILE NO. 175528289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. DORIA N MAHONEY Defendant(s) id R. PRAECIPE FOR ENTRY OF EXEMPLIFIED JUDGMENT To the Prothonotary: Please enter the attached Exemplified record as a civil judgment. Respectfully Submitted, Date: S No. v5,-CJ'I1 4c.4(w4 CIVIL ACTION - LAW C. Warholic #86341 / arah 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 File No. 175528289 COMMONWEALTH OF PENNSYLVANIA, County of Monroe ss: I,..George..J....Warden ............. _.................. Prothonotary Of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case thereon stated, wherein .................. _........ _...... _...... _.............. _.............. _.... _.............................. ........... 1Y1BNA.A.MERICAAANK,N.A.. PLAINTIFF V 12QRIA N MAHONEY, DEFENDANT, so full and entire as the same remains of record before the said Court, at No...9117..of ..............Civil.............................. Term,..A.D..2001 ........................ ........................ In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this ...................................1.4 r"....1;?AY..QF..APIUL......................................................... ._............ _.............. 2008 Prothonotary 1,...... .................................R..anald.E.. Vican...................................................................................President Judge of the 43rd Judicial District, composed of the Court of Common Pleas of said County and State do certify that ............... ................... ............... George..J....W.arden,.P.rothonotary.................................. _........ _............... _..................... _........... _......................................... by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County of Monroe in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. I COMMONWEALTH OF PENNSYLVANIA, County of Monrof ss: President Judge 1,...................................... George-L.W...arden......................................................................_._....._...........................Prothonotary of the Co;:rt of Common Pleas in srd for said County, do certify that the Honorable ............... ............... Ronald..iM....V..ican.... _....................... _.... , 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, in all divisions in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Coiuts of Judicature as elsewhere. In Testimony.. Whereof, I have hereunto..set my hand and affixed the seal of said Court, this .............1.4T."...DAY...OE..APRIL.,.20.0.8.............................................. _.......................................................................... Prothonotary Among the Records and Proceedings enrolled in the Court of Common Pleas in and for the County of Monroe in the Commonwealth of Pennsylvania, to No.,..Q.l...7 CV e,p,.......2007 is contained the following: COPY OF ................ ................ CONTINUATION....._DOCKET ._ENTRY ................ .............................. COMMONWEALTH OF PENNSYLVANIA, County of Monroe I SS: I,-.George-.J.-Warden ................................. Prothonotary Of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case thereon stated, wherein ............................................................................................................................. 11! I1.N&AMERLCAJ3AN1t., MAHONEY, DEFENDANT, so full and entire as the same remains of record before the said Court, at No...91.97..af ..............Civil............................... Term,..A.11..2007 ........................ In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this .......................1.4..`...H DAY-OF ...APRIL, 2008 ....................................................................................... Prothonotary 1, ...................... ................ Ronald.E....Vicitn................................................................................... President Judge of the 43rd Judicial District, composed of the Court of Common Pleas of said County and State do certify that ................................. G eorge..J....W.arden,.. Prothono.Wy..................................................................................................... by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County of Monroe in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. w .................. ........................................................................................................... President Judge COMMONWEALTH OF PENNSYLVANIA, County of Monro ss: I, ....... :.............................. G.earge..J....y.V..arden. ............................................................................................................ Prothonotary of t ;; Court of C"om7mn Pleas in and for said County, do certifv that the Honorable ........_. .............................. ................ R.onald..R...Vican................................... , 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, in all divisions in and for said County, 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 her:eunto..set my hand and affixed the seal of said Court, this .............. 1.4TH..DAY..OE.AP.RIL..,.2.0.0.8............................................... ........................................................................... Prothonotary Among the Records and Proceedings enrolled in the Court of Common Pleas in and for the County of Monroe in the Commonwealth of Pennsylvania, to No,..91.87 CV Term......... 2007 is contained the following: COPY OF CONTINUATION......DOCKET..ENTRY .............................................. 15224204142008 Monroe County Pennsylvania Page 2 PYS835 Docket Entries 4/14/2008 Case No 2007-09187 FIA CARD SERVICES N A (VS) MAHONEY DORIA N Date Filed - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1 10/16/07 COMPLAINT WITH NOTICE, FILED. KDM 016 Image page(s) exist(s) for this entry - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 11/16/07 SHERIFF'S RETURN - COMPLAINT,FILED. KDM COSTS-$57.71 PD.PLFF. 001 Image page(s) exist(s) for this entry - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 12/28/07 PRAECIPE FOR DEFAULT JUDGMENT, FILED. ENTERED IN FAVOR OF FIA CARD SERVICES NA FKA AMERICA BANK NA AND AGAINST DORIA N MAHONEY IN THE AMOUNT OF $8488.83 PLUS INTERESTS AND COSTS EODIE COPIES MAILED (MB) P. WARHOLIC, D. MAHONEY 009 Image page(s) exist(s) for this entry - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 15224204142008 Monroe County Pennsylvania PYS835 Docket Entries Cover Sheet Case No 2007-09187 Plaintiff : FIA CARD SERVICES N A F/K/A MBNA AMERICA BANK N A ** (VS) ** Defendant: MAHONEY DORIA N CERTIFIED FROM THE RECORD ? ?day ofiAZ 20 7T i *#vnotary, Common Pleas v 43rd Judicial Disb* Monroe County, PA 4/i4/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. Plaintiff VS CIVIL ACTION - LAW DORIA N MAHONEY 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, Doria N Mahoney, above-named, is over 21 years of age; is last known to reside at 3330 Emerald Blvd Long Pond, County of Monroe, 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: 8 S 0? le ilip C. Warholic #86341 / qRoSarah E. Ehasz #86469 rt o a r. 01259 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 h SWORN and SUBSCRIBED to before me this day of , 20 \IJ (IV.vlj Notary Public OWMONWEALTH OF PENNSYLVANIA Nom w Sod Airy R. Wise, NOWY Pd* a"wimid 00" HoVdan MY conff"M "EVwn Nair 30, 2010 Member, Panr&*anla Anoomlon of Notaries Affidavit of Non-Military File No. 175528289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. DORIA N NL HONEY Defendant(s) Commonwealth of Pennsylvania County of CUMBERLAND :ss. NO. CIVIL ACTION - LAW 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. ilip C. Warholic #86341 / David R. G low #8732 ah E. Ehasz #86469 / o ert o as, 259 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 SWORN and SUB CRIBED to befo me this da of 20 Notary lic COMMONWEALTH OF PENNSYLVANIA E Notarial Seal Amy R. Wtea, Notary Pulc My Owffl"w FEVko mwAw. Penns Mma Aasock*W of WON Affidavit of Foreign Judgments File No. 175528289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. No. Plaintiff VS CIVIL ACTION - LAW DORIA N MAHONEY Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: 655 Paper Mill Road De5-013-02-02 Wilmington DE 19884 and certify that the last known address of the within Defendant(s) is: Doria N Mahoney 3330 Emerald Blvd Long Pond PA 18334 Date: 062 / Philip C. Warholic #86341 / avi=G allow #8 Sarah E. Ehasz #86469 / Robert N. Polas, Jf. #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 Certificate of Residence File No. 175528289 ` ;-; tt1 n ? w drn v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS. DORIA N MAHONEY Defendant(s) No. CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $8,488.83, on a Ala , 20D (x) A copy of all documents filed with the Prothon in support o e within judgment is/are attached. By: MEW If you have any questions regarding this Notice, please co t the filing patty. Date: C51, Philip C. Warholic #86341 / David R. Gallo #87326 ah 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 This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Doria N Mahoney 3330 Emerald Blvd Long Pond PA 18334 Notice of Judgmnt wo Docket No File No. 175528289 234 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 TO 3149 FIA CARD SERVICES, N.A. FKA, MBNA AMERICA BANK, N.A. Plaintiff VS. DORIA N MAHONEY Defandant(s) : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 08-4965-CIVIL TE PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $ 8,480.83. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against, DORIA N MAHONEY 3330 EMERALD BLVD LONG POND PA 1833# Defandant (s) ; (3) and against SOVEREIGN BANK ' located at 17 W. HIGH STREET CARLISLE PA 17013 Garnishee(s); (4) And index this writ (A) against DORIA N MAHON?Y Defandant(s) and (B) against, SOVEREIGN BANK ,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)***GRRNISH ONLY*** You are directed to attach the property of the Defendant(s) not levied upon in the possession of SOVEREIGN BANK , Garnishee(s) All accounts including but not 1 mited to all savings, checking and other accounts, certificates of deposi , notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount Due: $ 8,488.83 Interest From: 12/28/2007 To Be Determined At an interest rate of 6% per ye r Total: $ 8,488.83 Plus cos s & interest (total includes post judgment credits). Da id R. G loway #87326/Ph-l*ip C. Warholic #86341 Sarani sz 6469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Ma n Bracken LLC / Counsel for Plaintiff Th Successor by Merger to Wolpoff & Abramson, LLP an; Eskanos & Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 PABGAR/PABANK FILE # 175528289', 0 og Q ? t cy -p --U ? 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4965 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A., f/k/a MBNA AMERICA BANK, N.A., Plaintiff (s) From DORIA N. MAHONEY, 3330 Emerlad Blvd, Long Pond, PA 18334 (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: SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 all accounts including but not limitedto all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, ledges, documents of title, securities, coupons and safe deposit boxes. and to notify the garnishee(s) that: (a) a attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of he defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not evied 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 state. Amount Due $8,488.83 L.L. $.50 Interest from 12/28/07 at an interest rate of 6$ per year - To Be Determined Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 11/25/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs to be added C R. Long, P notary By: Deputy Name DAVID R. GALLOWAY, ESQ0RE Address: MANN BRACKEN LLC 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: 2008-04965 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MBNA AMERICA ABANK N A VS MAHONEY DORIA N And now TIMOTHY R. BLACK Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:00 Hours, on the 5th day of December-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MAHONEY DORIA N hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 W HIGH ST in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JULIE MYERS (CUSTOMER SVC MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION true and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ?/zAf/ 12/08/2008 Sworn and Subscribed to before me this day of By ?j o`zo"`• eputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NOW KNOWN AS FIA CARD SERVICES Plaintiff NO. 08-4965 vs. DORIA N MAHONEY Defendant CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, SOVEREIGN BANK, discontinued, upon payment of your costs only. Dated: l ! MB File No. 175528289 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 cc: SCOTT M. AMORI 513 SARAH STREET STROUDSBURG, PA 18360 Respectfully Submitted, C '?' %42 Y,! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4965 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A., f/k/a MBNA AMERICA BANK, N.A., Plaintiff (s) From DORIA N. MAHONEY, 3330 Emerlad Blvd, Long Pond, PA 18334 (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: SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 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 $8,488.83 L.L. $.50 Interest from 12/28/07 at an interest rate of 6$ per year -- To Be Determined Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 11x25/08 (Seal) Due Prothy $2.00 Other Costs to be added 2 Cu is R. Long, Pr o ry By: Deputy REQUESTING PARTY: Name DAVID R. GALLOWAY, ESQUIRE Address: MANN BRACKEN LLC 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 87326 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this c?ITUWrit is returned ABANDONED, no action taken in six months . =1heriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 86.58 Docketing 18.00 63.42 Poundage 1.70 Law Library .50 Refunded on 06/16/09 Prothonotary 2.00 Mileage 4.50 Surcharge 30.00 Levy 20.00 Postage .88 Garnishee 9.00 ??11 So Answers, $ 86.58 ?-????°? `?` R. Thomas Kline, Sheriff By 1/ Sharon R. Lantz E O fi d 1 - 330 9001 r C 10/`17 i c:. ,? L 59.0