HomeMy WebLinkAbout08-6608274
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MIDLAND FUNDING LLC/DELL FINAN
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS.
GREG WILMARTH
Defendant (s)
NO.
PRAECIPE FOR JUDGMENT
COUNTY, PENNSYLVANIA
6$ ` WROo 0,-, V c!
Please enter Judgment in favor of Plaintiff and against Defendant(s),
GREG WILMARTH and ,
pursuant to the District Justice Transcript.
( X ) Amount due
TOTAL
$ 1620.43
$ 1620.43 , 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
occurred and at least ten days prior to the date of the filing of this praecipe and
a copy of the notice is attached.
il? C, , '4,0a
DATE: 0 d7 Q Signature: .t LL
David R. Galloway J8 26 arholic
Sarah E. Ehas2 #8 469 o er o as, r. 201259
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
NOW, d 2008, JUDGMENT IS ENTERED AS ABOVE.
0 onotary/Clerk, Civ' Division
By: 0..
Deputy U, V
PRAEDJ/PADJDJ FILE # 181610893
COMMONWEALT40F PENNSYLVANIA
COUNTY OF: OU ERLA>siD
Mag. Dist. No.:
09-3-05
MDJ Name: Hon.
MARE MARTIN
Address: 507 N YORE ST
MECHANICSBURG, PA
Telephone: (717 ) 766-4575 17055
L^L74
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FMIDLAND FUNDING LLC/DELL FINANCIAL"
4660 TRINDLE RD APT/STE 300
C/O MANN BRACKEN LLC
LCAMP HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
MIDLAND FUNDING LLC/DELL FINANCIAL
4660 TRINDLE RD APT/STE 300
C/O MANN BRACKEN LLC
CAMP HILL, PA 17011
rWILMARTH, GREG 7
827 OLD SILVER SPRINGS RD
MECHANICSBURG, PA 17055
L J
` Docket No.: CV-0000223-08
Date Filed: • 7/15/08
_ THIS IS TO NOTIFY YOU THAT:
Jattgmern- _-.?..MIIL 111ODt?1'r_?LTF_
{Date ef-Jadgmerrt} -_ _ __ _ __?.
® Judgment was entered for: (Name) MIDLAND FUNDING LLC/DZLL FIRM
Judgment was entered against: (Name) WILMARTH, GREG
in the amount of $ 1,620.43
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
i'
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 $ 1,543.93
Judgment Costs $ 76.50
Interest on Judgment $ -i0
Attorney Fees $ :00
Total $ 1;620.43
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 CI5PY *OF THIS-NOTICE OF JUDGMENT/rRANSCRIPTFORM WITH YOUR NOTICE OF APPEAL.
-.. JU GME H ER L CTS EgTERTHE NDGM" IN THE CO ` OF COMMON PLEAS, ALL FURTHER PR(SCESS 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 ,Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
v3.3 v? Date .Magisterial District Judge
My commission expires first Monday of January, SEAL
AOPC 315-07
6-1?P
271
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC/DELL FINAM No.
8875 AERO DRIVE
SAN DIEGO CA 92123 -
Plaintiff
VS.
GREG WILMARTH
Defendant(s)
CIVIL ACTION - LAW
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,
GREG WILMARTH , above-named, is over 21 years of age; is last
known to reside at 827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
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.
7
YV
?/Ju)
David R. Ga oway #8732 ip C. Warholic A
Sarah E. Eh Az #86469/Robert N. Po as, Jr. 2
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
o T. OFP NNS"v>wuA Telephone: (717) 303-6700 Fax: (717) 737-9051
Notarial Seal
Red* Zeftmam, Notary Pudic
Hampden Twp., ,:umberland County
mmon Expires Nov. 23 ,2009
Mertlber, Permaviv anis AabociaFlcn o! N Ode* SWORN and SUBSCRIBED to before me this day of y C ?Cf 2008.
?0,a W I (?,
Notary Public
PNMAFF/PADJDJ FILE #: 181610893
272
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC/DELL FINAN
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS.
GREG WILMARTH
Defendant (s)
No.
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise residence of Plaintiff is:
MIDLAND FUNDING LLC/DELL FINAN'
8875 AERO DRIVE
SAN DIEGO CA 92123
and certify that the last known address of the within Defendant(s) is:
GREG WILMARTH
827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
David R. Galloway #7326/Philip C. Warholiq ?f563
Sarah E. Ehasz i 6469/Robert N. Polas, Jr. 20
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
PCRES/PADJDJ FILE # 181610893
-4-_
90
71
;:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC/DELL FINAN NO.
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS. CIVIL ACTION - LAW
GREG WILMARTH .
827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
Defendant (s)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: GREG WILMARTH
827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
You are hereby notified that the following ORDER, DECREE or JUDGMENT has been
entered against you on in accordance with the
provisions of Pa. R.C.P. 236. T
( ) 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 $ 1620.43, plus costs.
( X ) District Justice transcript of judgment in civil action in the amount
of $ 1543.93, attorney's fees in the amount of $ 0.00, interest
in the amount of $ 0.00, 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:
othonotary O"
If you have any questions regard' g this Not'ce,Iplease contact he filing party.
? , J, U,
David R. Galloway 87326/ clip C. Warholic 86
Sarah E. Ehasz #86469/Ro er N. Po1as, Jr. 712
--ff 239r
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 / (717) 303-6700
(This Notice is given in accordance with Pa. R.C.P. 236.)
DJNTC/PADJDJ FILE # 181610893
L-t.71
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 TO 3149
6
MIDLAND FUNDING LLC /DELL FINANCIAL
Plaintiff
VS.
GREG WIIA ARTH
Defendant(s)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JUDGMENT NO. 08-6608
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary: Please issue the Writ of Execution in the above-captioned
matter, in the amount of $ 1620.43.
(1) Directed to the Sheriff of CUMBERLAND
County, Pennsylvania;
(2) against, GREG WILMARTH
827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
Defendant(s);
(3) and against MEMBERS FIRST FCU
located at 5000 LOISE DRIVE
MECHANICSBURG PA 17055
(4) And index this writ
(A) against GREG WILMARTH
Defendant(s) and
(B) against, MEMBERS FIRST FCU
Garnishee(s);
,Garnishee(s),
as a lis pendens against the real property of the Defendant(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 MEMBERS FIRST FCU , 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: $ 1620.43
Interest From: 11/07/2008 To Be Determined
At an interest rate of 6% per year
Total: $ 1620.43 Plus costs & interest
David R. Gallowa #87326/ Warholic
Sarah E. Ehasz #86469/ Q:"FS as, r. 01
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindie Road, Suite 300, Camp Full, PA 17011
Te1ephone: 866-253-0128 Fax: (717) 737-9051
om CAR/PABANK FILE # 181110893
9
0
?:} i -
Al
2009 iPR 20 PH c: 05
LVA
-04.50 PQ A-rrl
az. as e?-
a.so N
* 5q . a5 - Po arty
et'w asqacRs
00,2,23993
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6608 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDLAND FUNDING LLC/DELL FINANCIAL,
Plaintiff (s)
From GREG WILMARTH, 827 Old Silver Spring Rd, Mechanicsburg, PA 17055
(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:
MEMBERS FIRST FCU, 5000 Louise Drive, Mechanicsburg, PA 17055
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 $1,620.43
L.L. $.50
Interest from 11/07/08 at an interest rate of 6% per year -- to be Determined
Atty's Comm %
Arty Paid $54.25
Plaintiff Paid
Date: 4/20/09
Due Prothy $2.00
Other Costs
A/IA
C s R. Lon ono
(Seal)
REQUESTING PARTY:
Name PHILIP C. WARHOLIC, ESQUIRE
Address: MANN BRACKEN LLP
4660 TRINDLE ROAD, SUITE 300
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 866-253-0128
By:
Deputy
Supreme Court ID No. 86341
Sheriffs Office of Cumberland County
R Thomas Kline a 111"%p of C 1tMbp14,4# Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy 0 CE C, T ,E $-MFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/23/2009 09:30 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at
0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the
within named defendant, to wit: Greg Wilmarth, in the hands, possession, or control of the within named
garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle Cumberland County,
Pennsylvania 17013, by handing to Kimberly Whitaker, Branch Manager personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on 04-27-09 to Greg Wilmarth at 827 Old Silver
Spring Road, Mechanicsburg, PA 17055.
2008-6608 So Answers,
01
Midland Funding
VS R. Itmas Kline, heriff
Greg Wilmarth
By
Deput Sherif
nip
C C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC/DELL FINANCIAL
Plaintiff NO. 08-6608
vs.
CIVIL ACTION - LAW
GREG WILMARTH
Defendant
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, MEMBERS FIRST FCU, discontinued,
upon payment of your costs only.
Respectfully Submitted,
Dated: D D C'
A F. D e #87062
ip C. Warholic #86341
Davi a loway 6
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
(866) 253-0128
MB File No. 181610893
«Ry
U
eiort 3rqQiS
Pm+-- -ZZSozB
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MIDLAND FUNDING LLC/DELL FINANCIAL
Plaintiff
VS.
GREG WILMARTH
Defendant (s)
COUNTY, PENNSYLVANIA
: No. 08-6608
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
To the Protonotary:
Please mark the judgment in the above-entitled cause as paid and satisfied.
Respectfully Submitted,
Date: _?f 0
By:
P
David R. Galloway W 87326/l3rili-p-T-.-Warholic #86
Sarah E. Ehasz #86469/Ro er o as, Jr: M
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: 866-253-0128 Fax: (717) 737-9051
PRAECV/PA176A FILE # 181610893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MIDLAND FUNDING LLC/DELL FINANCIAL
Plaintiff
VS.
GREG WILMARTH
Def endant (s)
CERTIFICATE OF SERVICE
COUNTY, PENNSYLVANIA
: No. 08-6608
CIVIL ACTION - LAW
The undersigned does hereby certify that a true and correct copy of the Praecipe
was served upon the individual (s) listed below by Regular Mail, Postage Pre-Paid on
GREG WILMARTH
827 OLD SILVER SPRING RD
MECHANICSBURG PA 17055
(/Jl ?4 L? I -
David R. Galloway 187326/ ip .. Warholic #86
Sarah E. Ehasz #86469 o as, r. M
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: 866-253-0128 Fax; (717) 737-9051
9
PACERP/PA176A FILE # 181610893
2009 JOL 15
;.? SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
r
Sheriff l ??
Jody S Smith.
Chief Deputy -
Edward L Schorpp
rSolicitor - - ?.}v .
?t
Midland Funding LLC/Dell Financial
vs. Case Number
Greg Wilmarth 2008-6608
SHERIFF'S RETURN OF SERVICE
04/23/2009 09:30 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at
0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the
within named defendant, to wit: Greg Wilmarth, in the hands, possession, or control of the within named
garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle Cumberland County,
Pennsylvania 17013, by handing to Kimberly Whitaker, Branch Manager personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on 04-27-09 to Greg Wilmarth at 827 Old Silver
Spring Road, Mechanicsburg, PA 17055.
04/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $76.83 SO ANSWERS,
April 13, 2010 RON R ANDERSON, SHERIFF
Y --
Sharon R. Lan z
Ct? 7s3?S
(c? COLO?ySUlte Shentf, IereosofP. htc-