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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 f~ R ,,,~ f,.~ __" N ~~ ,~ O ~ w~ ~ t ~. t -r"~ "-a . WO r r ~ ~ ~ - ~ ~ - D __ :' ~; ` . ~ ~ 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),