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HomeMy WebLinkAbout09-2610Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC Plaintiff V. MICHELLE L O'BRIEN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. oq-,%I o CiV1? term CIVIL ACTION - LAW Praecipe for Entry of Judgment Pursuant to Pa. R.C.P.M.D.J. No 402 D(1) and (2) To the Prothonotary: Pursuant to the attached District Justice Judgment Transcript, enter judgment on behalf of the plaintiff, Midland Funding LLC, and against the defendant, Michelle L O'Brien, and assess damages as follows: Judgment Transcript Interest from Less Payments Judgment Amount $3,029.91 $.00 -$.00 $3,029.91 Burton Neil & Associates, P.C. B )Y Bri J. Suttell, Esquire Attorney for the Plaintiff a And now on this alt day of r+1 judgment is entered in favor of the total s f $3,029.91. Midland Funding LLC and against Michelle L O'B4Prothonot t'q ary' By B urton Neil & Associates, P.C. is a debt collector. COMVONWF-ALTH OF PENNSYLVANIA ,CCU U NTY OF: COJIBERZ AND Mag. Dist. No.: 09-1-02 t r MDJTiame: Hon. r Address: .];PMT V. MANLOVE 1g01 ' Burt "ST CAM HILL, 'PA 9J;. Telephone 1,4 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE 108909 PLAINTIFF' NAME and ADDRESS rilDLAND FUNDING LLC 1060 ANDREW DR APT/STE 170 WEST CHESTER, PA 19381-0356 L DEFENDANT: NAME and ADDRESS _39N4THnor, L=OYNZ, Ply 17043 a C/O BURTON NEIL i? ASSOCIATES, PC L J 1060 ANDREW DR APT/STE 170 Docket No.: CST-0000264-08 WEST CHESTER, PA 19381-0356 Date Filed: 9/09/08 THIS IS TO NOTIFY YOU THAT: DH F ?IILT J MT PLTF 10/31/08 -Judgment: , (Date of AWgaxW Judgment was entered for: (Name) NIDIJ= FUNDING LLC' ® Judgment was entered against. (Name) OBRIEN, MICHELLE L in the amount of $ 3, 029.9 Defendants are jointly and severally liable. Damages will be assessed on Date & ,Time 'ThtS case dismissed with out prej4q]F%, F] 'Amount of Judgment Subject to AttachmeiWO Pa C.S.' § 8127, Portion of Judgment for physical damages arising out of L, residential lease $ Amount of Judgment $ 2,936.41 Judgment Costs $ 93• Interest on Judgment $ .00 Attorney Fees $ Total, $ 3 x; g29.91 Bost Judgrtlent 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 u JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON,PLEAS, ALL FURTHER PROCESS MUST _-COM& PF" #FIE 6A ART OF410MMON PEAS"ANB t-WfURTiR-:R-Pft=ESS -MAY-SE ISSUEB-SY THE4&di L 091RId-T 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. 12/1/08 IS. IS TRUE AND C "r OW " a r COPY. abate Zap '>tcertif "thatta?s,s.a,true, ?co et' - rd , Q Date ? My commission expires first Monday of January, 2012 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 10/31/08 10:39:00 AN S? 1 Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L O'BRIEN 39 North 4th Street Lemoyne PA 17043 Defendant : NO. :CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. Burton Neil & Associates, P.C. By)I- Brit J Suttell, Esquire Atto ey for Plaintiff Burton Neil & Associates, P.C. is a debt collector. FUL) ' 2009 APR 27 pi 1`. Q3 4 al . as PD ATW C,& aalio axe- aaAalI • . Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA . NO. MICHELLE L O'BRIEN Defendant : CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on P othonot By: Deputy If you have any questions concerning the above, please contact: Brit J. Suttell, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 Burton Neil & Associates, P.C. is a debt collector. 108248 / 232 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 Midland Funding LLC 8875 Aero Drive Suite 200, San Diego CA 92123 Plaintiff v. MICHELLE L O'BRIEN 39 North 4th Street, Lemoyne PA 17043 Defendant(s) METRO BANK 1130 Carlisle Road, Camp Hill, PA 17011 Garnishee(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 2610 CV : CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER r t 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against MICHELLE L O'BRIEN , Defendant(s)' 3. and against METRO BANK , Garnishee()) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY - GARNISHMENT ONLY Serve interrogatories on garnishee at: 1130 Carlisle Road, Camp Hill, PA 17011 5. Amount Due Interest from 10/31/2008 Total *Plus writ costs Dated: December 11, 2014 $3,029.91 $1,111.68 $4,141.59* Ed d J. l rien, Esquire Attorney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. tts99 °c) ait) .7) .as ect $a. as # .31H(» l a(a Th°d THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MIDLAND FUNDING, LLC Vs. MICHELLE L. O'BRIEN WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09-2610 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHELLE L. O'BRIEN, 39 NORTH 4TH STREET, LEMOYNE, PA 17043 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANK, 1130 CARLISLE ROAD, CAMP HILL, PA 17011 GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided inparagraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds whichare deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s)'with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,029.91 Interest FROM 10/31/2008 - $1,111.68 Attorney's Comm. % Attorney Paid $56.25 Date: 12/15/14 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David i. Buel , Prothonotary By: Deputy REQUESTING PARTY: Name : EDWARD J. O'BRIEN, ESQUIRE Address: LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 32985 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Burton Neil & Associates. P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive Suite 170 • West Chester, PA 19380 610-696-2120 Attorney for Plaintiff fit 25 I 4 DEC 29 Pti I: 5 I CUMBERLAND COUNT' PENNSYLVANIA Midland Funding LLC : IN THE COURT OF COMMON PLEAS Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L O'BRIEN 39 North 4th Street, Lemoyne PA 17043 : NO. 09 2610 CV Defendant(s) METRO BANK Garnishee : CIVIL ACTION -LAW To: METRO BANK 1130 Carlisle Road. Camp Hill. PA 17011 nAnt JEi r )d Interrogatories to Garnishee 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: L' s 1.- At the time you were served or at any subsequent time did you owe the defendantany money or were you liable to the defendant.or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has account with a balance of $109.95 which is less than $300 exemption 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 owed solely or in part by the defendant? no 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? no 4. At the time'.you were served.or at anysubsequent time, did you. hold, legal, title to any property of any nature "owned solely or in part by the -defendant or in which,de_ fendantheld or, claimed any interest? n e 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? no 6. At any time before you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? no 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 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 reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. see answer to question 1 9. 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 on deposit, not including any otherwise exempt finds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. Burton Neil : Associates, P.C. d 4. O'Brien, Esquire This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist (Title) of Metro Bank, . garnishee herein, (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.