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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. 1(7 ,A&72?L 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 10 ro (?qcl- w 0 (AJ ir- cn Oo C? Y 5? 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 PIT ?? ?-° ?+ -rt - ---? ? _ `,y " ;?"° ? ?- 6F _?4 f C " r-.w ti{1? ? l ?'".? ?• I J1 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 rA 4 f cp CO 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 $90.00, accordingly, no funds are available to hold subject to this Writ of Execution. or COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Penny J Burns who being duly sworn according to the law deposes and says that she is an Operations Services Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. 66nny J Burns '?SIri1 ,?fk?? ??-- ertft U, COY of Pft0'.qtWV P*Nwy j W PCountY 15,2010 .. ,. ,.d„' cnri;9firFR of Nln t$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 ~~~ h, nC tiuu;,rf-l~~ r~ t r '~~~~ l,~.cl 'v! i 3 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 .f L'' ~,~z . 4"' ~ n ~~~.~ 7~~L~~~/ ,,_%,our ~.fl-~. ;h;e t l~~ ~c~it. use ,~~ ~~~~~~~