HomeMy WebLinkAbout09-10624`1
7
` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC NO. ~Q- ~O(Od'~ ~~~~~ ~~'M^'
15 SOUTH MAIN STREET
GREENVILLE SC 29601
Plaintiff
vs.
TAMMY L NEWELL
Defendant (s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s),
TAMMY L NEWELL and ,
pursuant to the District Justice Transcript.
( X ) Amount due
TOTAL
$ 3282.41
$ 3282.41 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 hisJher 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:
David R. Galloway ~~ 7326~Philip C. Warholic ~~$b3
Sarah E. Ehasz ~ 6469 er N. Po as, r. ~}~lUl
Amy F. Doyle ~~87062
Mann Bracken LLP / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
NOW, ~,~ ~ 0~' 2009, JUDGMENT IS ENTERED AS ABOVE.
Pro onotary/C1 ~ it Division
By;
Deputy
PRAEDJ/PADJDJ FILE ~~ 181821708
L
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C~~LAND
Mag. Dist. No.:
09-3-02
MDJ Name: Hon.
v=vIAN coHlca
Address: PO HOZ 155
27 1i BI6 SPZtIN6 AVS
NEM~TILL$, PA
Telephone: (717) 776-3187 17241
ATTOBNBY FO'bt PLAINTIFF
PHILIP C. iPABHOLIC
4 6 6 0 TZLINDLB RD 3 BD
CAl[P HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rLVNV Ffl]RDI]Ini LLC ~
4660 TBINDLB BD APT/STE 300
CA1[P HILL, PA 17011
L J
VS.
DEFENDANT: NAME and ADDAESs
rNEi11lLL, TA10[Y L ~
5 PSt#NSYLVAlI1IA AVl!
NENVILLE, PA 17241
L J
FLOOjt Docket No.: CV-0000151-08 _
Date Filed: 9/09/08
,~,
THIS IS TO NOTIFY YOU THAT:
Judgment: D$FADLT JOD PLTF
Judgment was entered for:
(Date of Judgment)
(Name) L~1NV FONDIN~3 LLC
10/07/08
® Judgment was entered against: (Name) NSi1SLL, TA10LY L
in the amount of $ 3.282.4
Defendants are jointly and severally liable.
Damages will be assessed on Date & 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 $ 3,198.91
Judgment Costs $ •
Interest on Judgment $ •
Attorney Fees $
Total $ 3, 282.41
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.
' ~ 0~5 Date
c
Magisterial District Judge
I certify tha~tythis is a true and correct copy of th(sl<reco/r~d of the proceedings containing the judgment.
~ b Date '~, ~ ~~-dC~,G~ ~ ,Magisterial District Judge
My commission expires first Monday of January, x012 SEAL
AOPC 315-07
DATE PBINTSD: 10/07/08 3:11:00 PI[
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
LVNV FUNDING LLC No. ~ -
15 SOUTH MAIN STREET
GREENVILLE SC 29601
Plaintiff
vs.
TAMMY L NEWELL
Defendant (s)
COUNTY, PENNSYLVANIA
~~~~~
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,
TAMMY L NEWELL above-named, is over 21 years of age; is last
known to reside at 664 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257
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.
CObAMOf~id~EALTN ®F PENNS : ~,,,.,, ,;,.
rial Seat
Kimberly L. Eisennauer, (Votary Public
Hampden Twp., Cumberland County
My Commission ExN;,,; vov. 97, 2009
AAember, Pennsylvania Association of Notaries
David R. Gallo y ~~87326 ip Warholic
Sarah E. Ehasz ~~86469 o ert N. Polas,
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 1Ti~~~r i1,i 2009.
~~~ ~
Notary Public
PNMAFF/PADJDJ FILE ~~: 181821708
~i
a ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
15 SOUTH MAIN STREET
GREENVILLE SC 29601
Plaintiff
vs.
TAMMY L NEWELL
Defendant (s)
No.
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise residence of Plaintiff is:
LVNV FUNDING LLC
15 SOUTH MAIN STREET
GREENVILLE SC 29601
and certify that the last known address of the within Defendant(s) is:
TAMMY L NEWELL
664 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257
P
David R. Galloway ~~87 i ip C. arholic
Sarah E. Ehasz ~~86469 0 o as,
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 ~~ 181821708
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
15 SOUTH MAIN STREET
GREENVILLE SC 29601
Plaintiff
vs.
TAMMY L NEWELL
664 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257
Defendant (s)
N0.
CIVIL ACTION - LAW
NOTICE OF ORDER, DECREE OR JUDGMENT
T0: TAMMY L NEWELL
664 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257
You are hereby notified that the ollowing ORDER, DECREE or JUDGMENT has been
entered against you on /,fin 09 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
(
X ) ( ) Non-pros ( ) Arbitration Award
(
X ) Judgment is in the amount of $
Di 3282.41, plus costs.
strict Justice transcript of judgment in civil action in the amount
of $ 2906.07, attorney's fees in the amount of $ 0.00, interest
in the amount of $ 292.84, 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:
P o honotar
If you have any questions regarding t}~is~ otic~I, p~ eas~ co act tlye filin
1/T // ~~''/~ !/ g party.
/ ..
David R. Galloway ~~ 7326 clip C. Warholic
Sarah E. Ehasz ~~ 6469 0 Polas, Jr.
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 ~~ 181821708
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-1062 Civil
CIVIL ACTION -- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LVNV FUNDING, LLC Plaintiff (s)
From TAMMY L. NEWELL, 664 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL TANGIBLE
PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 664 WALNUT BOTTOM
ROAD, SHIPPENSBURG, PA 17257 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
WOODFOREST NATIONAL BANK, 60 NOBLE BLVD., CARLISLE, PA 17013, ANY AND ALL
ACCOUNTS, SAVINGS, CHECKING, CERTIFICATE OF DEPOSIT OR OTHERWISE,
INCLUDING 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 $3,282.41 L.L.$.50
Interest FROM 2/20/09 @ 6% ($595.74)
Atty's Comm % Due Prothy $2.25
Atty Paid $58.75 Other Costs
Plaintiff Paid
Date: 2!28/12
David D. Buell, Prothonotary
(Seat)
Deputy
REQUESTING PARTY:
Name ALAN R. MEGE, ESQUIRE
Address: LAW OFFICES OF ALAN R. MEGE
PO BOX 1426
BETHLEHEM, PA 18016-1426
Attorney for: PLAINTIFF
Telephone: 610-954-5393
Supreme Court ID No. 81288
:'lJOT
28 Ail 11: 2
111UMBERLAND COUNT`I
PENNSYLVANIA
LVNV Funding, LLC
v.
Tammy L. Newell
v.
Woodforest National Bank
Case No. 09-1062
Amount Due $3,282.41
Interest from 2/20/09 @ 6%
($595.74)
Atty's Fee** - -_--
Costs to be added $174.50
Garnishee PRAECIPE FOR WRIT OF EXECUTION
To the Clerk of Courts:
Issue a writ of execution in the above matter,
(1) direct the Sheriff of CUMBERLAND - county;
(2) against Tammy L. Newell , defendant(s) and upon the
(Name of Defendant(s))
following described property of the defendant(s) AlLlnglible personal pr_QJ20M of Lhe defendant located at
664 Walnut Bottom Rd. Shippensburg, PA 17257
(Supply four copies of lengthy personalty list)
(if real property supply six copies of the description)
(3) against Woodforest National Bank , garnishee(s) for the following property:
any an II accoultts savings checking certificate of deposit olherwise. including safe deposit boxes
Located at 60 Noble Blvd, Carlisle, PA 17013
(4) and enter this writ in the judgment index
(a) against - , defendant(s)
and
(b) against , as garnishee(s)
as a lis pendens against real property of the defendant in name of garnishee as follows:
(Specifically described property)
Hate: 2/13/12 Signature:
Print Nara . an R. M e E
Address: PO Box 1426, Bethi m, PA 18016-1426
Attorney for: Plaintiff
Telephone: (610) 954-539 -,
Supreme Court ID No: 81?SR
"Where judgment has been entered under Rule 295l(a), attorneys' fees may be included if they are authorized
in the instrument and there has been a record appearance of counsel at any stage of the proceedings.
L-lb Pa.R.C.P.3251
S CRF
?. <a^? 'e't.?5 ?1 ?i
ISM . so G4-
C? 1:5,P03
l
1?# j? 1 u l iq
(c t1 Ent
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Tt?iF PR'0TEI ht?,
2512 MAR 20 AM 10: ? J
rAM BERLANU CO PENNSYLVOIA
LVNV Funding, LLC I
vs.
Tammy L Newell
Case Number
2009-1062
SHERIFF'S RETURN OF SERVICE
03/16/2012 03:30 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16,
2012 at 1530 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Tammy Newell, in the hands, possession, or control of the within
named garnishee, Woodforest National Bank, at 60 Noble Boulevard, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Roberta lula, Retail Banker, 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.
SO ANSWERS,
March 19, 2012 RON R ANDERSON, SHERIFF
ZNoa2h?C11;ne, putt' Sheriff
!; Gcun'ySWte Shenff, Teiecsofl Inc.
r,? r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI-VAMA
LVNV FUNDING, LLC,-
Plaintiff
VS.
TAMMY L. NEWELL,
Defendant
WOODFOREST NATGANRNNIISE BANK, INTERROGATORIES TO THE ABOVE NAMED GARNISHEE
No. 09-1062
CIVIL ACTION
c
rnM
h
C-)
N
O'N
N
r""
TO: Woodforest National Bank, 60 Noble Blvd., Carlisle, PA 17013
You are required to file an answer to the following interrogatories within twenty (20) days
suit in judgment against
after service upon you. Failure to do so may re you.
subsequent time did you owe the Defendant,
1. At the time you were served or at any
Tammy L. Newell, who currently resides at 664 Walnut Bottom any mShip one or were PA
were you
17257 and has a social security number ending in XXX-60-9378
on any negotiable or other written instrument, or did she claim that you owed
fable to
him any money or were liable to her for any reason.
m
? a, ? t
. At the time you were se rved or at any subsequent time was there in your possession,
2
part by Yourself
the Defendant?
custody or control or in the joint possessity o solely or in Of
more other persons any property of any nature P b
gcopy
3. At the time you were served or subsequent
n part by theDecndant; olydln legal title to which the any
property of any nature owned solely or
Defendant held or claimed any interest?
!v0
4. At the time you were served or at any subsequent time did you hold as fiduciary any
property in which the Defendant had an interest?
?0
At any time before or after You
suant to your dirnt and
entity or place pure ? ection or cons e
property to you or to any person, if so, what was the consideration therefor?
0 o
6. At any time after you were served, did you pay, transfer or deliver any money or property
to the Defendant or any other person, entity or place pursuant to his direction or otherwise
discharge any claim of the Defendant against you?
Flo
7. 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 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 and state the amount of funds in each account,
the reason for the exemption, the amount being withheld under each exemption, and the
entity electronically depositing those funds on a recurring basis.
g. 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 aC Spt funds, 3? If nt exceed identify the amount ccounof f the
§8123?
general monetary exemption under 42 P
yip
9. At any time before or after you were served, did Defendant, either solely or in part, have
any account (savings, checking, certificate of deposit, our office? et, deposits, safe
deposit box, and any other debt and/or property) Y
?0
10. If your answer to Interrogatory #9 is in the affirmative, state:
A. The account number of each account;
B. The amount of money in each account.
l/'?
Attorney for
P.O. Box 1
A 18016
(610)
F-
t JJ? CUI. ?, hereby state that I am
J I,
authorized to answer the Garnishment Interrogatories in this case. I further verify that the facts
contained in the foregoing attached answers to Interrogatories are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating th unworn falsifications to authorities.
Dater 2 O 1Z
By:
Title:
S
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING, LLC.,
Plaintiff
No. 09-1062
vs. C")
CIVIL ACTION -oa f
rrito
TAMMY L. NEWELL, Zm
?;D
-a
=
r.r__
r--
Defendant 0
F'o -5
<ca -rte,
ORDER
3:C: ?v r
AND NOW, to wit, this day of , 2012, the ' ?.
Stipulation of the parties dated April 2, 2012 is hereby approved and made an Order of Court in
the above-captioned matter.
BY THE COURT:
Distribution:
/Alan R. Mege, Esq., 70 E Broad St., Bethlehem, PA 18016
/ Tammy L. Newell, 664 Walnut Bottom Rd., Shippensburg, PA 17257
601 e6 'Ka, led 41aa/I),