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HomeMy WebLinkAbout10-4465d/ . 2047980 THIS IS AN ARBITRATION ASSESSMENT OF DAMAOrSPftPiMIC'''RSQTJIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 VS. TIMOTHY S LOY 1857 EDGAR AVE CHAMBERSBURG PA 17201-1419 2010 JU -6 Fr1 a: 6' Gl:t??k ? ,J v Uf?1? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : # - wu?5' e> 1'11 ENTRY OF APPEARANCE, ORDER FOR JUDGMENT AND ASSESSMENT OF DAMAGES (FOREIGN JUDGMENT PROCEEDINGS) TO THE PROTHONOTARY: Kindly enter my appearance for the plaintiff in the above matter, enter judgment in favor of the plaintiff and against the Defendant(s), on the foreign judgment entered in the State of Pennsylvania for the County of Franklin for monetary damages, a duly authenticated copy of the judgment being filed herewith, and assess damages as follows: Amount of Foreign Judgment $10,669.03 ? Costs $29.00 Attorney Fees Real Debt $10,698.03 GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FLI Attorney fo I ERG, ESQUIRE SQUIRE laintiff Da es Assessed as Above 710110 pd'oa4-o R#y 2o "o Pro- rotho otary C,?lt day 16ry W110 zP?l A& aW14l dojo GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 VS. TIMOTHY S LOY 1857 EDGAR AVE CHAMBERSBURG PA 17201-1419 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : AF'F'IDAVIT FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the above captioned matter; that the defendant and the last known address of the defendant(s) is 1857 EDGAR AVE, CHAMBERSBURG PA 17201-1419 and the plaintiff's last known address is Atlantic Credit & Finance Inc. Assignee from HSBC, 3353 Orange Avenue, Roanoke, VA, 24012 that the foreign judgment entered by the plaintiff against the defendant(s) in the Pennsylvania, Franklin County in the sum of $10,698.03 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN ERG, ESQUIRE JOEL M. FLIN SQUIRE Attorney for aintiff THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 VS. TIMOTHY S LOY 1857 EDGAR AVE CHAMBERSBURG PA 17201-1419 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : TO TIMOTHY 3 IOY 1857 EDGAR AVE CHAMBERSBURG PA 17201-1419 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484/351-0500. 7/ 1,/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS. I, Linda L. Beard, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein ....................................... ..... ATLANTIC..CREDIT. &„ FINANCE..INC....ASSIGNEE„FRQ1j HSBC .................. Plaintiff, and ........................ TIMOTHY..,a. LOY....................................................... ............................................................... . ................................................................. Defendant, so full and entire as the same remains of record before the said Court, as No...NPA7M5 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this :?mke..2...2.4 1.0 ....................... c...... 75.1......... Prothonotary I ... DOUGLAS W. HERMAN .. President Judge of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do certify that Linda L. Beard, Prothonotary, by whom the annexed record, certificate and attestation were made and given, and who, in her own proper handwriting, thereunto subscribed her name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. . ?. ......... .............. ...... 4 President Judge COMMONWEALTH OF PENNSYLVANIA, COUNTY OF FRANKLIN SS. I, Linda L. Beard, Prothonotary of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do hereby certify that the Honorable ........... DOUGLAS W. HERMAN ............................................ by whom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of making thereof and still is President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judiciature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this ...........I/4f 4..... day of ....... UNE ............... A.D. 20.1.0. ?....? ?....X.?.. .... . Prothonotary SVIOVlq 16:91A 60 SVIOd3 Mos WOHIq .LS382ILMI OgSH uaoa3 aauSTssV •aui aousuTa £0.699`OT$ 600Z OZ -XVK ST6T-SOOZ# auam2pnr I ITpaz0 OTIUV14y Ao-I S AgIOMTI .LAIIlowv ,LNHWDGnr NVSk MIS,L 'ON AI?II30 ,d.dIINIV'Id LNV(l gdga .30 z.LdQ 3mflLVN SSIMI 2 x2cmi ,LN2wlDQflf 11113106022010 Franklin County Prothonotary's Office Page 1 PYS510 Civil Case Print 2008-01915 ATLANTIC CREDIT & FINANCE INC (vs) TIMOTHY S LOY Reference No..: Filed........: 5/05/2008 Case Type...... COMPLAINT Time.......... 1:58 Judgment.;.... 00 Execution Date 0/00/0000 Judge Assigned: WALSH RICHARD J Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info ATLANTIC CREDIT & FINANCE INC PLAINTIFF WEINBERG FREDERIC I 3353 ORANGE AVENUE FLINK JOEL M ROANOKE VA 24012 LOY TIMOTHY S DEFENDANT 1857 EDGAR AVENUE CHAMBERSBURG PA 17201 1419 Judgment Index Amount Date Desc LOY TIMOTHY S 10,669.03 5/20/2009 JUDGMENT * Date Entries ******************************************************************************** FIRST ENTRY - 5/05/2008 COMPLAINT IN CIVIL ACTION FILED WITH COPY SENT TO THE SHERIFF FOR SERVICE AND COPY RETURNED TO ATTYS WEINBERG AND FLINK. 005 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 6/18/2008 SHERIFF'S RETURN: NOT FOUND-DEF MENTALLY UNSTABLE GAVE REFERENCE TO GIVE PAPERS TO HIS ATTY WAS NOT SURE WHO THAT WAS MAY BE ONE IN HARRISBURG. 001 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 3/19/2009 PRAECIPE TO REINSTATE COMPLAINT FILED. COMPLAINT REINSTATED AND COPY SENT TO SHERIFF FOR SERVICE AND COPY RETURNED TO ATTY. 002 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 4/22/2009 SHERIFF'S RETURN: COMPLAINT CIVIL ACTION WAS SERVED UPON TIMOTHY S LOY ON MARCH 31 2009 FILED. 001 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 5/20/2009 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE ENTERING JUDGMENT AGAINST THE DEFENDANT IN THE AMOUNT OF $10,669.03 FILED AND COPIES SENT TO DEFENDANT AND ATTORNEY. 003 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 5/20/2009 NOTICE OF ENTRY OF JUDGMENT SENT VVIA REGULAR MAIL TO DEFENDANT(S). - - - - - - - - - - - -001-Immaage Ea e(s)-exist(s) for this-entry- - * Escrow Information * Fees & Debits Beq*Bal*** mts/Adl End Bal ******************************** ****P ****** ******************************* TAX ON CMPLT .50 .50 .00 DISC 5.00 5.00 .00 COMPLAINT/ JCP 10.00 10.00 .00 COMP-AUTO FEE 5.00 5.00 .00 PRAE REIN/REIS 8.00 8.00 .00 JUDGMENT/PRAE 14.00 14.00 .00 GQ EXEMPLIFICATION 21.00 21.00 .00 COMPLAINT FILED 60.00 60.00 .00 ------------------------ ------------ P 123.50 123.50 .00 ??? v G GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2047980 Atlantic Credit & Finance Inc. COURT OF COMMON PL Assignee from HSBC FRANKLIN COUNTY _o =X- N O r- p 007 «r:j --4 t's'l s - -; N VS. DOCKET NO. : 2008-1915 TIMOTHY S LOY I/ PRAECIPE FOR ENTRY OF JUD(aNT FOR NANT OF AN AN311ER ASSESSMdNT OF Dmam, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) TIMOTHY S LOY above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $10,492.83 Costs (Complaint & Service) $176.20 Total: $10,669.03 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Atlantic Credit & Finance Inc.Assignee from HSBC and that the last known address of defendant, TIMOTHY S LOY, 1857 EDGAR AVE, CHAMBERSBURG PA 17201-1419. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of 2009 Judgment is entered in favor of the plaintiff(s) and a ainst defendant(s) by ec- oi, 'y. y )a E'S b v_ default for want of an answer and damages assessed at the sum of $10,669.03 as per the above certification. / Prothon a y GORDON & WEINBE BY: - FREDERIC I. WEI ERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff thong toe Recarbs anb 11roreebingo enrolled in the Court of Common Pleas in and for the County of Franklin in the Commonwealth of Pennsylvania, to No...... ?t2008-1915................................ is contained the following: COPY OF .......... 42008-1915 .............................. DOCKET ENTRY ATLANTIC CREDIT & FINANCE INC Assignee from HSBC Plaintiff VS. SEE ATTACHED TIMOTHY S,LOY Defendant ?v cn 'H 0 r ' i U ¢ 0 0 r ::j :w :0 tai • : :n :ct o ¢ ? A o ? X :Gd N • CrJ ? : O . , ; p ? cz o ' d rt 0 r ? 7•C :i+ Cl7 i :N 't 'f O x1 •y ?. Fey b :O :N :r :00 p xJ 4-1 :00 : O t0 d O ;O ;O O M O F:s • O • O : O : O L? O z H ' A y ( o ' '0 :cj :OD .0 : i :r :K ;H •r C : H lA rp • Gd : Q+ .n H : : z d ro ;f0 :N I-h : ¢1 :C1. :Pt : H : t-h : n f7 : M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FIVE);' Sheriff ??' 1OTARY Jody S Smith 2 j} AM 10-- 50 Chief Deputy Richard W Stewart CUMR'/w1--7?.:t -Ju .'y J vv` Solicitor AEN%YMA Atlantic Credit & Finance Inc. vs. Timothy S Loy Case Number 2010-4465 SHERIFF'S RETURN OF SERVICE 08/25/2010 10:09 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2010 at 1009 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy S. Loy, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania, by handing to Jennifer Carr, Assistant Branch Manager, 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 26, 2010 to Timothy S Loy at 1857 Edgar Avenue, Chambersburg, PA 17201-1419. SO ANSWERS, August 26, 2010 .6 /'So I I C) - 4Z lx? RONNY R ANDERSON, SHERIFF am T, ine, Deputy Tye- ca-u L.)) ?5herr- ? n hem's © -TAZN G2 Carn i!5 Vie-k, `S -Z -t ip CC-cLQ, i S 1-7 0 15. IN THE COURT OF CON VON PLEAS OF CUMBERLAND COUNTY, PA ti CIVIL DIVISION ATLANTIC CREDIT & FINANCE INC Plaintiff(s), VS. TIMOTHY S LOY, Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. No. 10-4465 CIVIL C? ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1-9) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains a checking account in the name of the Defendant, TIMOTHY S LOY, with a balance less than the $125.00 Garnishee's processing fee. Therefore, no funds are available subject to this Writ of Execution. Certificate of Service I, Sydni Rudl, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this day of _ , 2010. GORDON & WEINBERG 1001 E. HECTOR STREET - STE 220 CONSHOHOCKEN, PA 19428 `i? S`rii tudl COMMONWEALTH OF PENNSxYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Sydni Rudl who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Sydni Rudl Sworn and subscribed before me this day of 2010. Notary Public {-ti of }PENNSYLVANIA - NoteAel sea! Public Bruce D. MountloY? N0`? u h` Allegwly County 2014 a City Tune 14, mission Expire5 aennsvlvania pssoclatlon of Notaries Me+nber. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION ATLANTIC CREDIT & FINANCE INC Plaintiff(s), Vs. TIMOTHY S LOY, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. No. 10-4465 CIVIL Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeeni s@stradl ey. com www.stradley.com ~lLED-~~ F1CE ~~= T~o~"~c~~ ~ ~3(l TA~'~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 20E~ ACT -~ t'i~-~ (2~ OZ E_i~3~ ~ C Atlantic Credit & Finance Inc. Assignee from HSBC vs. TIMOTHY S LOY and Citizens Bank of Pennsylvania Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-4465 CIVIL PRAECIPB TO DI$$OLVE ATTACH TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant`s bank account with Citizens Bank of Pennsylvania, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG ESQUIRE JOEL M. FLINK ES RE Attorney for Plaintiff PO11 ~~~~~a~ Q~ ~3~3 ~ ~ ~ ~ ~~~~e ,~~` Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Atlantic Credit & Finance Inc. vs. Timothy S Loy ipp u , t 7??d1E -??c ? t Case Number 2010-4465 SHERIFF'S RETURN OF SERVICE 08/25/2010 10:09 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2010 at 1009 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy S. Loy, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania, bi handing to Jennifer Carr, Assistant Branch Manager, 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 26, 2010 to Timothy S. Loy at 1857 Edgar Avenue, Chambersburg, PA 17201-1419. 03/11/2011 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. SHERIFF COST: $87.50 March 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF By baron R. Lantz . S? U P?. ,?' a s? S 79 ip CountySuite Saentf. 7e'easatt W.",