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Home My WebLink About09-040874 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L NO . O4 - -TO ~! ts~ 1.~~~' I MIDLAND FUNDING L C O ASSIGNEE OF ASPIRE 1315 AERO DRIVE ST6XXX SAN DIEGO CA 92123 Plaintiff vs. PAULA SINGLETON Defendant (s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), PAULA SINGLETON and pursuant to the District Justice Transcript. ( X ) Amount due TOTAL $ 1133.78 $ 1133.78 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. DATE: Signature: / v David R. Gallo ay 7326/Philip C. Warholic x}`86341 arch E. Ehasz ~~86469/Robert N. Polas, Jr. ~~201259 Amy F. Doyle ~~87062 Mann Bracken LLP / 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, J~) ~ 7 2009, JUDGMENT IS ENTERED AS ABOVE. Pr honotary C vil Division sy: Deputy PRAEDJ/PADJDJ FILE ~~ 181423827 ' 'COMMONWEALTH OF PENNSYLVANIA ~ni itiTV n~• CO~S~tL71]IID Mag. Dist. No.: 09-3-02 ~G d'~~-~~~~ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rxIDLAND FQlIIDI]II~ LLC ~ 4 6 6 0 T1itIlI1DLS itOAD APT/STS 3 0 0 C/O DAVID ZL 671LL01q-Y SSQ LCAxP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS rBINALSTO]R, PAULA ~ 3 7 5 OLD STATB fiD t3AYD8g88, PA 17324 L -~ Docket No.: CP-0000141-08 _ Date Filed: 8/18/08 - MDJ Name: Hon. VIVIAIfi COBIC~ Address: PO BOZ 155 27 K SIA SPjtIIflt~ AYS HSNVILLS, PA Telephone: (717) 776-3187 17241 xIDLA1RD F171fIDIN6 LLC 4 6 6 0 T11LI]RDLE jLOAD APT/STS 3 0 0 C/O DAVID B dALLONAY 88Q CAxP BILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DSFADI.T JOD~T PLTF (Date of Judgment) 9/16/08 Judgment was entered for: (Name) xIDLAWD FIIIifDI]IKi LLC Judgment was entered against: 1 (Name) 133 7 IBIIItGLSTO~i, PADLA in the amount of $ ' Defendants are jointly and severally liable. Damages will be assessed on Date 8~ 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, 064.78 $ • Interest on Judgment $ - Attorney Fees $ Total $ 1,133.78 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. 9- !(~ ~ a~ Date I certify that this is a true and cor ect copy r a - a - aCx.$ Date Magisterial District Judge l~ ` of the proceedings containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PZLIxTSD: 9/16/08 2:50:00 Px ~ %, n ~ ~ ~~ ,rn~ _ ~ d ~r.; ~ ~~ ~.~, c~ ~ t ~ c_. -- Q,,, -- ~ ~ :-r ~ ` ( _ _r:, ~ ~ -~ .-. c ~' _ -, ~ _ -~ -, -.. ~;~ ~ ~~~' ~ ~ 2oas ~_._. 71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE 1315 AERO DRIVE ST6XXX SAN DIEGO CA 92123 Plaintiff vs. PAULA SINGLETON Defendant(s) . No. 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, PAULA SINGLETON above-named, is over 21 years of age; is last known to reside at 375 OLD STATE RD GARDNERS PA 17324 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. David R. Galloway~~~87326/Philip C. Warholic ~~`86341 arah E. Ehasz ~~86469/Robert N. Polas, Jr. ~~201259 Amy F. Doyle ~~87062 Mann Bracken LLP / 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 SWORN and SUBSCRIBED to before me this day of Notary Public . 2009. PNMAFF/PADJDJ FILE ~~: 181423827 72 ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE 1315 AERO DRIVE ST6XXX SAN DIEGO CA 92123 Plaintiff No. CIVIL ACTION - LAW vs. PAULA SINGLETON Defendant (s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise residence of Plaintiff is: MIDLAND FUNDING LLC ASSIGNEE OF ASPIRE 1315 AERO DRIVE ST6XXX SAN DIEGO CA 92123 and certify that the last known address of the within Defendant(s) is: PAULA SINGLETON 375 OLD STATE RD GARDNERS PA 17324 David R. Galloway ~~87326/Philip C. Warholic ~~86341 S rah E. Ehasz ~~86469/Robert N. Polas, Jr. ~~201259 ~y F. Doyle ~~87062 Mann Bracken LLP / 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 ~~ 181423827 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC N0. O Q - ?v~ ~! U ~ ~~s2y,~ ASSIGNEE OF ASPIRE 1315 AERO DRIVE ST6XXX SAN DIEGO CA 92123 Plaintiff vs. CIVIL ACTION - LAW PAULA SINGLETON 375 OLD STATE RD GARDNERS PA 17324 . Defendant (s) . NOTICE OF ORDER, DECREE OR JUDGMENT T0: PAULA SINGLETON A/R/A PAULA E SINGLETON 375 OLD STATE RD GARDNERS PA 17324 You are hereby notified th t the following ORDER, DECREE or JUDGMENT has been entered against you on ~~,J ~.~T~ (y~9 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 $ 1133.78, plus costs. ( X ) District Justice transcript of judgment in civil action in the amount of $ 992.45, attorney's fees in the amount of $ 0.00, interest in the amount of $ 72.33, 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: othonot If you have any questions r~arding this Notice, please contact the filing party. David R. Galloway ~~87326/Philip C. Warholic ~~86341 S rah E. Ehasz ~~86469/Robert N. Polas, Jr. ~~201259 ~my F. Doyle ~~87062 MANN BRACREN LLP / 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 ~~ 181423827 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~y~~tiu~ o[ l":uuGrrl~~~4 . ~,,,,: - , ~. 70tU APR f ~ PM 4: t 2 C~~~'~~ G{QUNiY PY~1;1 Midland Funding, Assignee of Aspire Case Number vs. Paula Singleton 2009-408 SHERIFF'S RETURN OF SERVICE 04/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Writ needed to be amended for garnishee Commerce Bank to Commerce Bank, now known as Metro Bank -writ never amended by plaintiffs attorney. SHERIFF COST: $60.69 SO ANSWERS, «~ April 14, 2010 RON r R ANDERSON, SHERIFF ,, B `' Sharon R. Lantz D~ Co a ~° `~~ VL x . CountySuitr 5heenff. Teleosoft. Im;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r- MIDLAND FUNDING LLC ? Confessed' Judgment assignee of COLUMBUS BANK AND TRUST ® Other Docket No. 09-408 v Judgment Amount . $1064.78 Less Payments $(0.00) PAULA SINGLETON Interest: $108.87 375 OLD STATE RD Total: $1173.65 GARDNERS PA 17324 Atty's Comm: $ Costs: $' PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does , it is based on the appropriate original (proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, directing attachment against METRO BANK , as Garnishee, for the following property of the defendant(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, safe deposit boxes and all other pr ?71 y of the defendant(s) in the possession, custq1W-@&cQntroI of Garnishee. T A ",>? Date Signature: Print name: David Gfilloway Address: 130B Gettvkbumy Pike Attorney for: MIDLAND FUNDING LLC Telephone: (866) 563-0809 Supreme Court ID No:#87326 FFG File # 149819 . . 11 111111 111111 = - 6d a?. as - ,? .. ter:. at/. S'C' - n er U' ,--f / 2 1. - 9 q ?-' r I ( -1 a .oo Co. et 0 a-00 7( ) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-408 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING, LLC ASSIGNEE OF COLUMBUS BANK AND TRUST, Plaintiff (s) From PAULA SINGLETON, 375 OLD STATE ROAD, GARDNERS, PA 17324 (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 METRO BANK, 65 ASHLAND AVENUE, 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, SAFE DEPOSIT BOXES AND ALL OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY OR CONTROL OF GARNISHEE. GARNISHEE(S) as follows: 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 $1064.78 L.L. Interest $108.87 Atty's Comm % Atty Paid $136.94 PlainfiffPaid ' Date. NOVEMBER 9; 2010 Due Prothy $2.00 Other Costs Davi uell, Pro onotary (Sea)) By: REQUESTfNG PARTY: Deputy Name DAVID GALLOWAY, ESQUIRE Address: 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 Attorney for: Plaintiff Telephone: 866-563-0809 Supreme Court ID No. 87326 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of COLUMBUS BANK AND TRUST Plaintiff VS. PAULA SINGLETON Defendant(s) CIVIL ACTION - LAW No.09-408 INTERROGATORIES TO GARNISHEE To: METRO BANK 65 Ashland Avenue CARLISLE PA 17013 G Q 'rT _ , < ? .rn rd w a b An 3 0 5Z p oc) rn ---s cn A -C crs PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. FFG file #: 149819 11111111111 IIII 111111111 IN IN IN 11111 IN 111111111111 PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - PAULA SINGLETON SS# - ***-**-6242 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. no PA/PA_BANKINTERROGS DEFENDANT(S) - PAULA SINGLETON SS# - *.**-**-6242 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no 9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with any other person, or persons, give their name, address and relationship to defendant. no 10. At the time you were served or at any subsequent time, state whether or not the defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the defendant(s) maintains any of these jointly with any other person or persons give their full name and address. no 11. Are there any attorney's fees or processing fees charged by you against the defendant(s) or account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. no 12. Please provide the name, business address and business telephone of the person answering these interrogatories. Jennifer Hil.bish - 717-412-6163 3801 Paxton St Harrisburg PA 17111 13. Please provide the address and telephone number where future court documents pertaining to this case can be served on Garnishee. Same as above FULTON, FRIEDMAN, & GULLACE LLP David R. Galloway #87326 (866) 563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Main Street, Suite 500, Rochester NY 14614. FFG File #: 149819 PA/PA_BANKINTERROGS 1 M VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?f V(SU RE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C") c fi. ' Sheriff futr+brr/ lp ?, C= --+ Jody S Smith t? glr r .c -UT- Chief Deputy - _t. o Qty Richard W Stewart <a --4 ° Solicitor =? C)-n Midland Funding, LLC Assignee of Columbus Bank and Trust Case Number vs. Paula Singleton 2009-408 SHERIFF'S RETURN OF SERVICE 11/24/2010 08:47 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 0845 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Paula Singleton, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jackie George, Customer Service Representative, 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 November 30, 2010 to Paula Singleton at 375 Old State Road, Gardners, PA 17324. SO ANSWERS, November 29, 2010 RON R ANDERSON, SHERIFF Ti of y Black, Deputy {ci CouniySuite Shenff. Telecsuft, Inc, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of COLUMBUS BANK AND TRUST Plaintiff V. NO. 09-408 CIVIL ACTION - LAW PAULA SINGLETON Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: c C-- V-o rnw 7.21 CA - z ? CD ?C?l o Tr C-) -. ZC) _ a?_ Please discontinue the Writ of Execution filed against Garnishee METRO BANK in the referenced matter without prejudice. Respectfully Submitted, David R. Gallo ay #87326 Fulton Friedma & Gullace, LLP Counsel for Pla ntiff Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 (866) 563-0809 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: PAULA SINGLETON 375 OLD STATE RD GARDNERS PA 17324 METRO BANK 3801 PAXTON ST. HARRISBURG, PA 17111 FFG file #: 149819 111111111111111111 IN 1111111111111111111111111111111 PA/PA_PRAEDISATT %b. OD PA Ck ?l? -1 Dtl9