HomeMy WebLinkAbout09-0412IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC NO. 09 q101- (2l U'LC, L sq2
Plaintiff
VS.
ANNA M ECKARD
Defendant (s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s),
ANNA M ECKARD and ,
pursuant to the District Justice Transcript.
( X ) Amount due
TOTAL
$ 1885.46
$ 1885.46 , 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: II AJO? Signature:
David R. Galloway #87326/Philip C. Warholic #86341
Amy 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,.,)kkj 2009, JUDGMENT IS ENTERED AS ABOVE.
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Pr honotar , i it Division
By:
Deputy
PRAEDJ/PADJDJ FILE # 181187739
"COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: -'OMB
Mag. Dist. No.:
09-1-03
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FiIDLAND FUNDING LLC
4660 TRINDLE ROAD APT/STE 300
(# 181187739)
LCAMP HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
rEC>IiMM, ANNA M ?
36 N. 410T STREET
CAMP HILL, PA 17011
L J
Docket No.: CV-0000222-08
Date Filed: 7/17/08
MDJ Name: Hon.
RICHARD S. DOUGHERTY
Address: 9 8 S ENOLA DR STE 1
ENOLA, PA
Telephone: (717 ) 728-2805 17025
ATTORNEY FOR PLAINTIFF :
KAM BRACKEN, LLC
4660 TRINDLE ROAD APT/STS 300
AMY DOYLE, ESQ.
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF
(Date of Judgment)
10/16/08
Judgment was entered for: (Name) MIDLAND FUNDING LLC
® Judgment was entered against: (Name) ECZARD, ANNA M
in the amount of $ 1, 885.4
Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
FIThis 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 $ 1,700.66
Judgment Costs $ 79•
Interest on Judgment $ 105.80
Attorney Fees $ .00
Total $ 1,885.46
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 JUDGMENTITRANSCRIPT 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.
OCT 16 2008 Date
, Magisterial District Judge
I certify that this is a tru and cold th ings containing the judgment.
C 0 12008 Date , Magisterial District Judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315-07
DATE PRINTED: 10/17/08 9355:00 AIL
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47
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC No.
Plaintiff
VS. CIVIL ACTION - LAW
ANNA M ECKARD .
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,
ANNA M ECKARD , above-named, is over 21 years of age; is last
known to reside at 36 N 41 ST
CAMP HILL PA 17011
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 thisA2 0
_?'q`\day of , 2009.
Notary Public
PNMAFF/PADJDJ FILE #: 181187739
48
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
No.
CIVIL ACTION - LAW
Plaintiff
VS.
ANNA M ECRARD
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:
ANNA M ECRARD
36 N 41 ST
CAMP HILL PA 17011
David R. Gallowa5y#87326/Philip C. Warholic #86341
Sarah 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
PCRES/PADJDJ FILE # 181187739
49
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC NO. Plaintiff .
VS. CIVIL ACTION - LAW
ANNA M ECKARD
36 N 41 ST
CAMP HILL PA 17011
Defendant(s)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ANNA M ECKARD
A/K/A ANNE ECKARD
36 N 41 ST
CAMP HILL PA 17011
You are hereby notified that the following ORDER, DECREE or JUDGMENT has been
entered against you on _1u Z7_ 'I/(j9 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 $ 1885.46, plus costs.
( X ) District Justice transcript of judgment in civil action in the amount
of $ 1700.66, attorney's fees in the amount of $ 0.00, interest
in the amount of $ 105.80, 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: /f AP kZ - _AA
gothonota
If you have any questions regarding this Notice, please contact the filing party.
David R. Gallow4 #87326/Philip C. Warholic #86341
Sarah E. Ehas2 #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 / (717) 303-6700
(This Notice is given in accordance with Pa. R.C.P. 236.)
DJNTC/PADJDJ FILE # 181187739
L_
Sheriffs Office of Cumberland County
R Thomas Kline of cumber Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OMCE of T"E SKERicF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/20/2009 04:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 20,
2009 at 1641 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Anna M. Eckard, in the hands, possession, or control of the within
named garnishee, Citizen's Bank, 3301 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, by
handing to Jennifer Carr, Assistant Manager personally three copies of interrogatories together with 3 true
and attested copies of the writ of execution and made the contents there of known to her.
09-412
Midland Funding LLC
VS
Anna M. Eckard
SO ANSWERS,
-11 0%?
R. THOMAS KLINE,
SHERIFF
BY :
DEPU SHER
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PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 TO 3149
MIDLAND FUNDING LLC
ASSIGNEE OF ASPIRE
Plaintiff
VS.
ANNA M ECKARD
Defandant (s )
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JUDGMENT NO. 2009-00412
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary: Please issue the Writ of Execution in the above-captioned
matter, in the amount of $ 1885.46.
(1) Directed to the Sheriff of CUMBERLAND
(2) against, ANNA M ECKARD
36N41 ST
CAMP HILL PA 17011
Defandant (s) ;
(3) and against CITIZENS BANK
located at 3301 TRINDLE ROAD
(4) And index this writ
(A) against ANNA M ECKARD
Def andant (s ) and
(B) against, CITIZENS BANK
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***
CAMP HILL-PA 17011
County, Pennsylvania;
Garnishee(s);
,Garnishee(s),
You are directed to attach the property of the Defendant(s) not levied upon in
the possession of CITIZENS BANK , 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: $ 1885.46
Interest From: 01/27/2009 To Be Determined
At an interest rate of 6% per year
Total: $ 1885.46 Plus costs &interest
DavidfR. "ilowaVF#87326/Philip C. Warholic #86341
rah E. Ehasz #86469/Robert N. Polas, Jr. #201259
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: 866-253-0128 Fax: (717) 737-9051
PABGAR/PABANK FILE # 181187739
Q? V O
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-412 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDLAND FUNDING LLC, assignee of ASPIRE,
Plaintiff (s)
From ANNA M. ECKARD, 36 North 41St Street, Camp Hill, PA 17011
(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:
CITIZENS BANK, 3301 Trindle Road, Camp Hill, PA 17011
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 $1,885.46
L.L. $.50
Interest from 1/27/09 at an interest rate of 6% per year - To be Determined
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 3/17/09
(Seal)
- 24 4< q
C s R. Lon no
By:
Deputy
REQUESTING PARTY:
Name AMY F. DOYLE, ESQUIRE
Address: MANN BRACKEN LLP
4660 TRINDLE ROAD, SUITE 300
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 866-253-0128
Supreme Court ID No. 87062
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
Midland Funding LLC assignee of Aspire
Plaintiff(s),
vs.
Anna Eckard
Defendant(s),
and
Citizens Bank of Pennsylvania,
Garnishee.
09-412
ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK
The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of
the Plaintiff(s):
(NUMBERS _1_ to _9-) At the time of service of above-captioned Writ of Execution and to
the present, Citizens Bank of Pennsylvania, provides the following Answers to
Interrogatories:
The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a savings account in
the name of the defendant, Anna Eckard, with a total balance less than the garnishee's
processing fee of $90.00, accordingly, no funds are available to hold subject to this Writ of
Execution.
or
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Before me, the undersigned authority, a Notary Public in and for said
Commonwealth and County, personally appeared Penny J Burns who being duly sworn
according to the law deposes and says that she is an Operations Services Clerk, and that the
statements set forth in foregoing Answers to Interrogatories are true and correct to the best of
her knowledge, information, and belief.
66nny J Burns
'?SIri1 ,?fk?? ??--
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COY of Pft0'.qtWV P*Nwy j
W PCountY
15,2010
.. ,. ,.d„' cnri;9firFR of Nln
t$Ila?
Sworn and subscribed before
me this day of
/M / (- .2009.
Certificate of Service
I, Penny J Burns, hereby certify that a true and correct copy of the Answers to
Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage
prepaid, this day of ()J11'1J , 2009.
Amy Doyle, Esquire
Mann Bracken LLP
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Anna M. Eckard
36 N 41ST ST
CAMP HILL, PA 17011
P4-z??' U /a?
Penny J Ebfrns
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
MIDLAND FUNDING LLC ASSIGNEE
OF ASPIRE,
Plaintiff(s),
VS.
ANNA ECKARD,
Defendant(s),
VS.
Citizens Bank of Pennsylvania,
Garnishee.
09-412
Answers to Interrogatories
Code: 200 Execution
Filed on Behalf of Garnishee,
Citizens Bank of Pennsylvania
Counsel of Record for
this Party:
Nicholas Deenis, Esquire
PA I.D. No. 62378
Stradley, Ronon, Stevens & Young
Great Valley Corporate Center
30 Valley Stream Parkway
Malvern, PA 19355-1481
(484) 323-1351
(610) 640-1965 fax
FILED-CFACE
OF THE PROTF'O WJTARY
2009 APR -8 AM I I: 27
CuMtK s ?.., ".;? ?
PENNS ?it,?N
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
ASSIGNEE OF ASPIRE
Plaintiff
VS.
ANNA M. ECKARD
Defendant
NO. 2009-00412
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, CITIZENS BANK,
discontinued, upon payment of your costs only.
Dated: l0 d'
Respectfully Submitted,
Amy F. Do e #87062
Philip C. Warholic #86341
David R. Galloway #87326
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. 181187739
RLED-0 RICE
OF THE PRoTHorbTAPY
2009 JUG! -9 PM 12= 3 7
CUMKII
PEN,NSYLVANW
48.00 Po ATW
cr,* 40oag4
04 aaGggLf
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Midland Funding LLC, Assignee of Household
vs. Case Number
Anna M Eckard 09-412
SHERIFF'S RETURN OF SERVICE
03/20/2009 04:41 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 20,
2009 at 1641 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Anna M. Eckard, in the hands, possession, or control of the within
named garnishee, Citizen's Bank, 3301 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, by
handing to Jennifer Carr, Assistant Manager personally three copies of interrogatories together with 3 true
and attested copies of the writ of execution and made the contents there of known to her.
05/20/2010 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: $105.04 SO ANSWERS,
~~
May 20, 2010 RON R ANDERSON, SHERIFF
By
S aron R Lantz
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