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HomeMy WebLinkAbout09-477540urFile No.:-20813? APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. DAVID A HECKMAN 174 SHIPPENSBURG MOBILE EST LOT 174 SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O 9- y7 95 (? -L- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fiu-ther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: -20813 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. DAVID A HECKMAN 174 SHIPPENSBURG MOBILE EST LOT 174 SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0y'- yq 77,s` Cam! 7? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are DAVID A HECKMAN, an adult individual residing at 174 SHIPPENSBURG MOBILE EST LOT 174 SHIPPENSBURG, PA 17257. 3. Plaintiff, CROWN ASSET MANAGEMENT, LLC, is the Assignee and Successor in Interest of Account #5480420023825555; and said account was issued to Defendant(s) by HSBC BANK, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $3,118.58. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,118.58 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & S IATES, P.C. Attorney or P ' tiff A Law Firm Eng ed ' Debt Collection BY: Dated: 7/8/2009 D avidJ. , Esquire Our File No.: 208132 VERMCATION WS A , q f p l,G q_ hereby states that I am plaintiff in this action, and that I am wAorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, infounation, and belief. -The undersigned undeustands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities, DATE: N" CROWN ASSET MANAGEMENT, LLC DAVID A HECKMAN 174 SHIPPENSBURG MOBILE EST LOT 174 SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Original Creditor: Balance Due: Our File No.: 208132 DAVID A HECKMAN 5480420023825555 HSBC BANK $3,118.58 EXHIBIT "A" 17F P 4 Qxi?, & 7t .Z gt. /Y/ Li 97 10-1. ? .? 9 /3-1 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor i'00%ir of CIunto"1"1ir D OFFICE 7"E $"ERIFF FILED-C,- .;E OF THE RROTH 'ONIOTARY 2004 JUL 22 PM 3: 17 cur, E , 4;. CU)UNTY PENNSYLVANIA Crown Asset Management LLC vs. David A. Heckman Case Number 2009-4775 SHERIFF'S RETURN OF SERVICE 07/20/2009 06:54 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2009 at 1854 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David A. Heckman, by making known unto himself personally, defendant at 174 Shippensburg Mobile Estates LOT 174 Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 July 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff Our file No.: 208132 / APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 CROWN ASSET MANAGEMENT, LLC Plaintiff, VS. DAVID A HECKMAN Defendant. FP JUL 2'? 7U09 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4775 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on July 22, 2009, STIPULATED by and between Plaintiff, CROWN ASSET MANAGEMENT, LLC, and Defendant, DAVID A HECKMAN parties as follows: 1. Defendant agrees to pay the sum of $3,303.45, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $3,303.45 shall be paid by the by Defendant, DAVID A HECKMAN, to the attorneys for Plaintiff in the following manner: a. $150.00 to be paid on or before July 31, 2009; b. $330.00 to be paid on or before the last day of each month, beginning August 31, 2009 until paid in full. All checks are to made payable to CROWN ASSET MANAGEMENT, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 208132 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $3,303.45, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DAVID A HECKMAN by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plai iff A Law Firm Engaged in a tioi . Scian, Esquire _ DMA a.'? DAVID A HECKMAN ARY A t'. Ju -[ Ai i 'n 0.. 1 , 1 2009 CROWN ASSET MANAGEMENT, LLC Plaintiff vs. DAVID A HECKMAN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4775 CIVIL TERM Civil Action ORDER AND NOW, this /J- day of mil', upon consideration of the within MOTION TO AMEND CAPTION, it is hereby ORDERED that the Caption be amended to reflect the proper name of the Plaintiff as MIDLAND FUNDING LLC. BY THE COURT: ?ApoW4aker Y- SOCia s V bav; of A. an- 4Pp;es l?a? `??f9?ia c-a r a = ,. MW C= cn r- 73 -C?> "o ; r-= F r R BY THE COURT, v -= X C: J. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4775 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC Plaintiff (s) From DAVID A. HECKMAN, 174 SHIPPENSBURG MOBILE EST, SHIPPENSBURG, PA 17257 (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: F&M TRUST, 214A WEST MINSTER DRIVE, CARLISLE, PA 17013 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$2,852.47 Interest FROM MARCH 19, 2014 - $328.09 Atty's Comm Atty Paid $170.00 Plaintiff Paid Date: AUGUST 21, 2012 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs $193.00 David D. Buell, Prothonotary B: Deputy REQUESTIPdG P ARTY: Name :DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES 520 FELLOWSHIP ROAD C306 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 800-672-0215 Supreme Court ID No. 38423 E'f,~ r R~H~NO~'A~ ; Our File No.: 208132 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCO~tG 2 ~ a~ $~ E $ COMMONWEALTH OF PENNSYLVANIA j~~$~$~A~~ EOU ~~ MIDLAND FUNDING LLC PENMSYLVANI vs. DAVID A HECKMAN NO.: 09-4775 CNIL TERM 174 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, PA; (2) against DAVID A HECKMAN, Defendant(s) (3) and against F & M TRUST 214A WESTMINSTER DRNE CARLISLE, PA 17013, Garnishee(s) (4) and enter this writ in the judgment index (a) against (b) against Defendant(s) and Defendant(s) and as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s). Specifically describe per attached property description: (5) Amount Due Interest from March 19, 2010 (Costs to be added) Payments Dated: ~ ~ ~ "Y ~ ~a a~~ ~a P ~ y to. QO Cif l~, oo u`~ ~, ~, ~'_Sp~ a ~~ $2852.47 $328.09 $193.00 . as `I~~ ~a ~ ~ 'SflUt' ~~~~~ (p ~ David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Supreme Court ID No.: 38423. Wr~~ °F ~C,C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ ~ Jody S Smith ~~~~i~n ~~ ~Httl(/pf,~,~~ 0 ~ P+..1 ~""r; ~,. Chief Deputy '~ ~_ ~,~ d ; ~ ~ y ~ Richard W Stewart ~ } , ~''~ .... Solicitor ~r{ ~ ~ ~ ; ~ ~ ~ ~ -~r~~ ~ ~~ t~ QC,~ CD ,.,~sT Midland Funding, LLC vs. ase Number David A. Heckman 2009-4775 SHERIFF'S RETURN OF SERVICE 08/23/2012 09:17 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2012 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David A. Heckman, in the hands, possession, or control of the within named garnishee, F & M Trust Co., 214A Westminster Drive, Carlisle, Cumberland County, Pennsylvania, by handing to Terry Ann Glass, Customer 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 August 24, 2012 to David A. Heckman at 174 Shippensburg Mobile Estates, Shippensburg, PA 17257. SO ANSWERS, August 24, 2012 RON R ANDERSON, SHERIFF ~~ Noah Cline, Deputy (c~ CcuniySuite 8henff, Tolrosoft: inc. 1"4 1 Our File No.: 208132 MIDLAND FUNDING LLC Plaintiff vs. DAVID A HECKMAN 174 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 XXX-XX-5481 Defendant F & M TRUST Garnishee TO: F & M TRUST, Garnishee: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4775 CIVIL TERM ° t Civil Action JJV0 mss- i ?? cr ?o --v G INTERROGATORIES TO GARNISHEE f}F C) 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 subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? y 2 S , Th 2 d -e f 2Vl a ?- S O C (D 11 rit S v\/H41 F:41M -ro S+. A p e vs o N A I C411t c I,-' 1 N I "i c( G lei k1+ 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? N1 0 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? ICI 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? N 0. 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? ? ' S , +? I el 1YeasHr??j c?fp-I - ,?1,) d 0F f,A 01 W6r+h 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 defendant's direction or otherwise discharge any claim of the defe?}dant(s) against you? *S: +1ie (0)tM-CY rf?-( IVed J VVI-I1?1AYalW SAMe 01a? DF Gl,,GJl 1 F0 ?- 1 2, 00 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) 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 and the entity electronically depositing those funds on a recurring basis. n Alwt ?fPOS'l+ F)?-DNI PA Tr'(4S01-(,J ?f 0"t"I' S 1)W11-" 1I? )J [A i '7 ? ` h G + )C- UI al s-e w 1? b tr11 t I ?"S , G? f S i ?X 01 4S r1 1I t -AJ j 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) 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 exemption under 42PA.C.S.§8123? If so, identify each account. N 0. 9. How much is the value of any property in your possession belonging to the defendant(s)? 9 b 7). 5 D N V1-h I ? ? oS I t ' ?N S?P ?1"• ? b? 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. ? Dated: APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY !tiyy Y /R Anderson I, f-,'LED r~#� A ak tit CitMIj, � Ay S Smith � 2013 4R 18 chief Deputy r J! P11 Richard W Stewart MBERLANt7 CQ(� Solicitor Or FILE F THE SHERIFF PENNSYLVANIA���` Midland Funding, LLC Case Number vs. 2009-4775 David A. Heckman SHERIFF'S RETURN OF SERVICE 08/23/2012 09:17 AM-Noah Cline, Deputy Sheriff,who being duly sworn according to law, states that on August 23, 2012 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: David A. Heckman, in the hands, possession, or control of the within named garnishee, F&M Trust Co., 214A Westminster Orive, Carlisle, Cumberland County, Pennsylvania, by handing to Terry Ann Glass, Customer Serkce 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 August 24, A 2 to David A. Heckman at 174 Shippensburg Mobile Estates, Shippensburg, PA 17257. 09/19/2012 Claim for exemption filed this date VIA FAX. Claim form and letter taken to Court Administration this date to schedule hearing. 09/20/2012 ORDER OF COURT And now, this 20th day of September, 2012, upon consideration of the Claim for Exemption, a hearing is scheduled for Monday, October 1, 2012, at 11:00 a.m. in Courtroom No. 5, Cumberland Couty Courthouse, Carlisle, Pennsylvania. By The Court, Christylee L. Peck, Judge 10/01/2012 Hearing held in front of Judge Peck. 10/02/2012 And now,this 2nd day of October, 2012, upon consideration of the Claim for Exemption, and following a hearing held on October 1, 2012, at which Plaintiffs counsel appeared by telephone and at which Defendant appeared and presented evidence in support of his claims, it is ordered and directed as follows: 1. Defendant's claim for exemption is granted to the extent that it seeks to protect from execution$ 300.00 of the amount currently frozen in Defendant's F &M Bank account, pursuant to 42 Pa. C.S.A. 8123(a); and 2. Defendant's claim for exemption is granted to the extent that is seeks to protect from execution any amounts held in his account at F &M Trust that are certain amounts payable under the State Employees' Retirement Code as provided by 71 Pa. C.S. 5953 and as more fully specified in 42 Pa. C.S.A. 8124(b)(1) (ii). By The Court, 1 Christylee L. Peck, Judge 03/18/2013 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. (c)CountySwe Sheriff,Teleosoff.Inc. rF COST: $78.20 SO ANSWERS, March 18, 2013 RbNtrY R ANDERSON, SHERIFF i! .r �i l I I i I i K I. (c)CountySuite Shenff,Teleosoft.Inc.