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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-