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HomeMy WebLinkAbout09-3111LVNV FUNDING LLC ASSIGNEE OF c/o Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 Vs. CYNTHIA DARR 7 Hamilton Road Boiling Springs PA 17007 Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Defendant NO: - 311 wi LTe rs- PRAECIPE FOR ENTRY OF JUDGMENT To the Prothonotary of CUMBERLAND County: 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of Instrument: December 18, 2008 B) Amount of Judgment: $.atc4Ayj.CF{ C) Interest From: December 18, 2008 2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferee; 3) I hereby certify that the address of the plaintiff is: LVNV FUNDING LLC ASSIGNEE OF c/o Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 4) I hereby certify that the address of the defendant is: CYNTHIA DARR 7 Hamilton Road Boiling Springs PA 17007 Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 1729 Pittston Ave, Scranton, PA 18505 570-558-5510 Ext. 101 Attorney ID 86285 Attorney for Plaintiff G`UMMONWEALTH OF PENNSYLVANIA COUNTY OF: CI1MZRLAND Mag. Dist. No.: 09-3-03 MDJ Name; Hon. 8IISA1R z e DJM Address: 2Z9 KILL ST, gOZ, 167 1LT . HOLLY SPRINGS; PA Telephone: (717) 486-7672 ' 170tS - ' LVNV FUNDING LLC 1729 PMSTON AVE BCEAE7 M PA 1 b 5 ; k. NOTICE OF JUDGMENT/TRANSCRIPT _ CIVIL CASE - - -- PLAINTIFF' NAME and ADDRESS rLV>r1Y FE1J®n= LLc 1729 PITTSTOM.,AVX C/O EDMIN .ABR?Hail llrl °? - LSC'?t?O?I, P1? ..18`505 J ` VS. oAN^ NAME and ADDRESS 27 FAIYF3SLD -ST CARLISLE ; PA 17013 -3.119 L ?. J Docket No.: CV-0000429=08 THIS IS TO NOTIFY YOU THAT: Judgment: DEF&VLT JUDG11111311111T PLTF (Date of Judgment) © Judgment was entered for: (Name) LVNV FUNDING LLC 12/18/08 ® Judgment was entered against: (Name) DARE, CyZ=IA in the amount of $ 2.963.9 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 $ 2.870.99 Judgment Costs $ 93• Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,963.99 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 2,963.99 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. 1,4 -/ X--02 Date I certify that this is a true corre copy of the rec Date My commission expires first Monday of January, 20 _, Magisterial District JL containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRIETED: 3/03/09 4 LVNV FUNDING LLC ASSIGNEE OF c/o Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 vs. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff .. NO: CYNTHIA DARR 7 Hamilton Road Boiling Springs PA 17007 Defendant AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): CYNTHIA DARR is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): CYNTHIA DARR is(are) older than eighteen years of age; That the employment status of the defendant(s): CYNTHIA DARR is(are) unknown. a FCLEL? a , r.yf - r !? GF THE F 1 ? ?? ? °?r?YAY :? a?. a5 Pb ,ATW ?' aa5? 93 Uv4? U"4 LVNV FUNDING LLC ASSIGNEE OF VS. CYNTHIA DARR 7 Hamilton Road Boiling Springs PA 17007 Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: NOTICE OF FILING JUDGMENT Defendant Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ ?.q&8.99 on 511 5 0 By: If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3111 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, Plaintiff (s) From CYNTHIA DARR, 7 Hamilton Road, Boiling Springs, PA 17007 (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: MEMBERS 1sT FCU, 321 York Rd, Carlisle, PA 17013 Any and all accounts of the deft in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN: 204-52-1917 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 $1,763.99 L.L. $.50 Interest -- $114.83 Atty's Comm % Due Prothy $2.25 Atty Paid $58.75 Other Costs Plaintiff Paid $59.75 Date: 2/10/12. \ David D. Buell, Prothonotary ? (Seel) By: Az??J z , ? . -//,- Deputy REQUBSTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: tDWIN A. ABRAHAMSEN & ASSOCI ATES, P.C. 120 NORTH KEYSER AVENUE SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: 570-558-5510 Ext. 101 Supreme Court ID No. 86285 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a) LVNV FUNDING LLC 1804 WASHINGTON BLVD. In the Court of Common Pleas of Baltimore MD 21230 CUMBERLAND County, Pennsylvania Y r7l -f? Plaintiff Civil Division ==? r--- ''" - ' d VS. • CYNTHIA DARK NO: 09-3111 x- 7 Hamilton Road Boiling Springs PA 17007 r Defendant PRAECIPE FOR WRIT OF EXECUTION AND VS. ATTACHMENT MEMBERS 1 ST FCU 321 YORK RD CARLISLE, PA 17013 (MONEY JUDGMENT) Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) Against: CYNTHIA DARR (3) And against: MEMBERS 1ST FCU 321 YORK RD CARLISLE, PA 17013 (4) and index this writ (a) against Defendant(s) (b) against MEMBERS 1ST FCU 321 YORK RD CARLISLE, PA 17013 Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 204-52-1917; (5) Date: January 3, 2012 Judgment Amount Interest Payments Clerks Fee Sheriff Poundage Total O $ S 4&R.OO Pb ATN 017.,25 e „ a. 11-50 68.75 -Po ATrY $2,963.99 $114.83 $1200.00 #.A-a5, &)eCo . 056 u Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Ass Attorney for Plaintiff m-ratchford@eaa-law.com P.C. &jjgQs7 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-27-2012 12:21:59 < Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A Name gency Based on the information you have furnished, the DMDC does not possess DARR CYNTHIA an information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). may rot. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.drrdc.osd.mil/appj/scra/popreport.do 1/27/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:JKSAJJLQEE https://www.dmdc.osd.mil/appj/scra/popreport.do 1/27/2012 LVNV FUNDING LLC 1804 WASHINGTON BLVD. In the Court of Common Pleas of e__P Baltimore MD 21230 CUMBERLAND County, Pennsylvania Plaintiff Civil Division xZ vs. n r --- r-: CYNTHIA DARR NO: 09-3111 7 Hamilton Road = Boiling Springs PA 17007 Defendant vs. AFFIDAVIT UNDER SOLDIERS AND SAILORS MEMBERS 1ST FCU RELIEF CIVIL RELIEF ACT OF 1940 AS 321 YORK RD AMENDED CARLISLE, PA 17013 Garnishee State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): CYNTHIA DARR; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): CYNTHIA DARR; is(are) older than eighteen years of age; That the employment status of the defendant(s Subscribed before me this day of 20 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dana L. Stillarty, Notary Public City of Scranton, Lackawanna County Commission res July 21, 2015 M M , PINNMVANTAMANOWTION OF NOTARIES LVNV FUNDING LLC 1804 WASHINGTON BLVD. Baltimore MD 21230 vs. CYNTHIA DARR 7 Hamilton Road Boiling Springs PA 17007 vs. MEMBERS 1 ST FCU 321 YORK RD CARLISLE, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division Defendant Garnishee NO: 09-3111 ??lJ Praecipe for Entry of Appearance Kindly enter my appearance on behalf of LVNV FUNDING LLC ASSIGNEE OF in the above- captioned matter. Date: January 3, 2012 lelephone No: (5'/U)5S2S-SS1U l xt. IUl Supreme Court 113 No: 86285 ' r RECEIVED FEB 14 2012 HE PRO HONOTAR,,- LVNV FUNDING LLC ASSIGN)i 1804 WASHINGTON BLVD. 4 ? OFFEB 15 ?A? 1()?a Court of Common Pleas of Baltimore MD 21230 CUMBERLAND County, Pennsylvania P E N I COLINJIWivision vs. CYNTHIA DARR NO: 09-3111 7 Hamilton Road Boiling Springs PA 17007 Defendant INTERROGATORIES IN ATTACHMENT vs. MEMBERS I ST FCU 321 YORK RD CARLISLE, PA 17013 Garnishee RE: Execution of Judgment against your depositor CYNTHIA DARR SSN # 204-52-1917 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: 1) At the time you were served or at any subsegent time, did the Defendant possess any bank accounts, joint or individual, that were in your custody or control? Please specify joint or individual account. Please list the legal title of any such account(s) an dthe primary account holder an if known whether joint account is entireties property. wt;?? 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank accounts(s) identified in Interrogatory #1? L &74? 3) At the time you were served or at any su sequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) =2) above. &U4UU 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? 5) At any time before or after you were served, did the Defendant(s) transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? f ra/U 6) At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the Depositor's direction or otherwise discharge any claim of the Depositor against you? nD 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? 8) At the time you were served or at any subsequent time did the Defendant(s)account contain funds deposited.electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. If so, state the reason for the exemption, the amount being withheld and the entity electronically depositing those funds on a recurring basis. nc) 9) 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 exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no 10) Identify every other account (not previously noted) titled in the name of the Defendant(s) in which you believe the Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. XL UWLL_(L 11) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic da describe each ex ct detail (or attach a copy of the same). =AtLL 120 North Keyser Avenue Scranton, PA 18504 / (570) 558-5510 f*V1 St MEMBERS V FEDERAL CREDIT UNION February 14, 2012 Cynthia Darr 7 Hamilton Road Boiling Springs, PA 17007 Review Dates (60 Days): December 17, 2011 - February 14, 2012 Total Writ of Execution: $1,940.32 Cumberland County Docket Number: 09-3111 File # Account Number: XXX388-0000 Name on Account: Cindy L. Darr Randy L. Moyer (Joint) Savings: $5.43 -5.00 (Membership Fee) $0.43 Account Number: XXX388-0011 Name on Account: Cindy L. Darr Randy L. Moyer (Joint) Checking: $1,147.32 -50.00 (Processing Fee) $1,097.32 Payroll: Ritner Steel - Cindy Average Monthly Balance ACCOUNT JAN 2012 DEC 2011 Savings $5.43 $5.43 Checking $543.38 $599.55 1 of 2 NOV 2011 OCT 2011 $5.43 $5.43 $461.23 $769.63 SEP 2011 $5.43 $687.28 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org Account Number: XXX698-0000 Name on Account: Katelyn L. Moyer Cynthia L. Darr (Joint) Savings: $1,148.30 -5.00 (Membership Fee) $1,143.30 -300.00 (Statutory Exemption) $ 843.30 Average Monthly Balance ACCOUNT JAN 2012 DEC 2011 NOV 2011 OCT 2011 SEP 2011 Savings $5.12 $5.11 $5.10 $5.09 $5.08 $300.00 Statutory Exemption has been taken out. Tania S. Young Deposit Operati ri jAalyst Rev: 06/11 2 of 2 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 Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNA RE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?4?r?.tp a1 c3rxtbrr(?rkt? IL"D THE' PROTHONOL TARl- 2012 FEB 16 PM 2: 0 7 Richard W Stewart Solicitor CUMBERLAND COUNI-Y PENNSYLVANIA LVNV Funding, LLC vs Case Number . Cynthia L. Darr 2009-3111 SHERIFF'S RETURN OF SERVICE 02/14/2012 09:05 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 0905 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Cynthia L. Darr, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Laurie Shultz, Member Service Representative, 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. The writ of execution and notice to defendant was mailed on February 15, 2012 to Cynthia Darr at 7 Hamilton Road, Boiling Springs, PA 17007. SO ANSWERS, February 15, 2012 RON R ANDERSON, SHERIFF Noah Cline, Deputy