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Home My WebLink About10-55242080014 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.: 41200 1001 E. Hector Street, Ste 220 ro r Conshohocken, PA 19428 ~ 1 484/351-0500 ? S Altantic Credit & Finance Inc. COURT OF COMMON PLEAS N Assignee from Capital One CUMBERLAND COUNTY Cox 2727 Franklin Road Roanoke VA 24014 DOCKET NO : (O - w65L - ( -FerIA 0 \ VS. . _ , , Donovan J. Halloran 1203 Executive Dr Glasgow PA 16644 ENTRY OF APPEARANCE, ORDER FOR JODGlOM AND ASSESSBNT OF DA)MMS (FOREIGN JVDG ZNT 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 Cambria for monetary damages, a duly authenticated copy of the judgment being filed herewith, and assess damages as follows: Amount of Foreign Judgment $10,208.56 Costs Attorney Fees . Real Debt $10,208.56 GORDON & WEINBERG, P.C. BY: FREDERIC I. EI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Dam ssessed as Above *&q. Do P0A7Tq elf I a93 Ito 6147&1q P rothonotary 8'a4/lo 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 Altantic Credit & Finance Inc. Assignee from Capital One 2727 Franklin Road Roanoke VA 24014 VS. Donovan J. Halloran 1203 Executive Dr Glasgow PA 16644 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 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 1203 Executive Dr, Glasgow PA 16644 and the plaintiff's last known address is Altantic Credit & Finance Inc., Assignee from Capital One 2727 Franklin Road, Roanoke VA 24014 that the foreign judgment entered by the plaintiff against the defendant(s) in the Pennsylvania, Cambria County in the sum of $10,208.56 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff 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 Altantic Credit & Finance Inc. Assignee from Capital One 2727 Franklin Road Roanoke VA 24014 VS. Donovan J. Halloran 1203 Executive Dr Glasgow PA 16644 TO Donovan J. Halloran 1203 Executive Dr Glasgow PA 16644 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 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 & 11EINSERG, P.C. AT 484/351-0500. 9/aV/io 1D8vOlL? IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY ATLA.V7C C9MDIT & FIMeWCE I9W assigns CAPELU 091 E P&intfff(s) VMUS DONOVAN 9 .7CULORW D?fin6ant(s) V: 2010-22-94 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, PATTY BERKEBILE, PROTHONOTARY of the Court of Common Pleas of Cambria County, Pennsylvania, do hereby certify that the following is a true, correct and full copy of the docket entries in the above captioned case. (SEE DOCKET ENTRIES) I further certify that judgment was entered in favor of Atlantic Credit & Finance Inc et al plaintiff(s), and against, Donovan J Halloran ,defendant(s), on the 1 st day of June 2010 in the above captioned case in the amount of $10,223.06 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court, on the 30th day of July A.D. 2010 Pat Berkebile, Prothonotary By: Deputy 91(0: 2010-2294 ATLA 77C CnDI7 & FINOCE INC assignee CAP17AL ONE Plaintiff(s) VERMS DONOVAN 9 HALLORgN Defendant(s) CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT JUDGMENT ............................. $10,223.06 Int. from ................................ Cambria Co. Costs .................. $14.50 This Record ............................ $10.00 FREDERIC I WEINBERG ESQ PLAINTIFF'S ATTORNEY PYS511 Cambria County Prothonotary Page . Civil Case Print 2010-02294 ATLANTIC CREDIT & FINANCE INC (vs) DONOVAN J HALLORAN Reference No..: Filed........: : Time 6/01/2010 1:04 Case Type.....: EXEMPLIFICATION : 10,223.06 Judgment ......... Execution Date 0/00/0000 ...... Judge Assigned: Disposed Desc.: Jury Trial.... 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 ASSIGNEE 2727 FRANKLIN ROAD ROANOKE VA 24014 CAPITAL ONE PLAINTIFF WEINBERG FREDERIC I 2727 FRANKLIN ROAD ROANOKE VA 24014 HALLORAN DONOVAN J DEFENDANT 1203 EXECUTIVE DRIVE GLASGOW PA 16644 ******************************************************************************** Judgment Index Amount Date Desc HALLORAN DONOVAN J 10,223.06 6/01/2010 EXEMPLIFICATION ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - 6/01/2010 EXEMPLIFIED RECORD FROM THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUT OF FLORIDA COUNTY OF PINELLAS, FILED. JUDGMENT ENTERED fN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF 910 2?3.06.(SEE PAPER). JUDGMENT ENTERED AND INDEXE/S PATTY BERKEBILE PROTHONOTARY. NOTICE OF ENTRY OF JUDGMENT ISSU D TO THE DEFENDMT. ------------------------------------------------------------------- 7/30/2010 CERTIFICATION OF DOCKET ENTRIES ISSUED TO: FREDERIC I WEINBERG ESQ. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Infor ation Be *Bal PImts/Ad ******End Bal * Fees & Debits ** ******************************** ***** ****** ************************* AUTOMATION FEE 5.00 5.00 .00 JDMT/EXMPT 9.00 9.00 .00 WRIT TAX .50 .50 .00 CERT OF DOC ENT 10.00 10.00 .00 ------------------------ ------------ 24.50 24.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** EXTRACT FROM THE RECORD CERTIFIED THISDAy OF A.D. 20 ja PROTHONOTARY 2080014 GORDON & WEINBERG, P.C. BY: FREDERIC~I. WEINBERG, ESQUIRE FILED-QFFlCE Identification No.: 41360 OF T~(E PROTHONOTARY JOEL M. FLINK, ESQUIRE Identification No.: 41200 2~IpOCT~2b AM 8= 26 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 CUMBERLAND COUNTY 484/351-0500 pENN5YLVANIA Aid `'^ "',..w.:r:.~-c Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from^Capital One CUMBERLAND COUNTY vs. Donovan J. Halloran 1203 Executive Dr Glasgow PA 16644 and WACHOVIA BANK 604 E HIGH STREET CARLISLE, PA 17013 GARNI38EE TO THE PROTHONOTARY: DOCKET N0. 10-5524 PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against Donovan J. Halloran defendant (s)and (2) against ~ACHOVIA HANK (3) AMOUNT DUE INTEREST from August 24, 2010 COSTS garnishee(s) $10,208.56 $35.39 Prothonotary fee Sheriff fee (4) Less: Payments on Account O TONAL ,~a Y. s-o aQ oo ~~ X4,1 . CgF a . so ,, Jr~o.bp - ~ ~'~ ~ a Ao Quo '5o U. ~iC~ / 32G'`~ / ~ -~ asar~ FREDERIC I WEI1~EFtG, ESQUIRE JOEL M. F K, ESQUIRE Attorney or Plaintiff uh~`I+~~aC~wd ( $.00) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5524 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE IN., Assignee from CAPITAL ONE, Plaintiff (s) From DONAVAN J. HALLORAN, 1203 Executive Dr, Glasgow, PA 16644 (1) You are directed to lery 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: WACHOVIA BANK, 604 E. High Street, 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 $10,208.56 Interest from 8/24110 -- $35.39 Atty's Comm Atty Paid $56.00 Plaintiff Paid Date: 10/26/10 (Seal) , By: Deputy REQUESTING PARTY: Name FREDERIC I. WIENBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 L.L. $.50 Due Prothy $2.00 Other Costs uell, P othonotary Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard VV Stewart Solicitor Atlantic; Credit & Finance. Inc. Case Number vs Donovan J'Halloran 2010-5524 SHERIFF'S RETURN OF SERVICE 11/02/2010 09:39 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to aw, states that on November 2, 2010 at 0939 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donovan J. Halloran, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Scott Pasciak, Personal Banker, personally three cop es of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 3, ?010 to Donovan J. Halloran at 1203 Executive Drive, Glasgow, PA 16644. SO ANSWERS, November 03, 2010 RONN IRANDERSON, SHERIFF Noa r line, Deputy c: GlR'`,Suit S .. 'r, 7e eosc p In SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee ILt (i w °t ('alt°}z? t9, I 7 ?. . , r".419 tpnv 15 PPi 12 LVP ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DONOVAN J. HALLORAN : NO. 10-5524 and WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee in the above-captioned matter. JON C. SIRL Attorney for 6hrni Date: a SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee A$fw ( ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE VS. DONOVAN J. HALLORAN and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 10-5524 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE, Plaintiff 1. No. 2. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Shelly L. Halloran, Donovan J. Halloran with a zero balance. This account has been restricted pursuant to this writ. Garnishee is unable to determine from its records whether Shelly L. Halloran, Donovan J. Halloran is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 3.- 6. No. 7. (Q) 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? (A) No. 8. (Q) 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 exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Shelly L. Halloran, Donovan J. Halloran contained the sum of $0.50, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Shelly L. Halloran, Donovan J. Halloran is titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to determine from its records as to the appropriate designation of the account. If the parties to the instrument are husband and wife, then such asset is an entireties asset and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an appropriate Order of C di ting the Garnishee to permit execution against such assets by Plaintiff whole or i will stay further action pending a hearing and determination by the Court. JON Garnishee Date: Lr Y?rl?;???s .i rill ' j?)F_ a z i -u-,xi, tv:?I dui 6vidrn QC 4(`Csits? to InizB,tt? c S2a ur:u -- $t::77 ?.ii•_'. 1. ttZ wt`II 1or of a-`hOvla Kak:-?:i 1i., rte. 1T1 t I=.a =t_'-. Ll I f lv foregoing tot., es are -LCL Ct3f E C. i s'{- bast h -- i i kiYs? vd L', L7tff`(sI i 7::'U?uMdvi J Q'(it:.ts i i ui a1 f ?Sci ra >l€3iofi Fl t c't. .?. ?c 4?sis =?? J i ?. `; iG• s t F ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE vs. DONOVAN J. HALLORAN and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-5524 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: c -v 3 c --i M rrl r Cn ' MC) r-M cr ?o ten- -n Kindly mark the attachment against the Garnishee, Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee, discontinued, upon payment of your costs only. FRE RIC I. V ,INBERG Attom f aintiff 7,? to?o a' ?? do> 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE- Sheriff ='E THE PROTHONOTAR,'`' va?iti?ti ai 41tn1tlr??r?1? Jody S Smith 2011 SEP -2 PM 2:36 Chief Deputy > Richard W Stewart CUMBERLAND COUNT`' Solicitor OFF,Ctr Tr-- `"ERIFr PENNSYLVANIA, Atlantic Credit & Finance Inc. . Case Number vs Donovan J Halloran 2010-5524 SHERIFF'S RETURN OF SERVICE 11/02/2010 09:39 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 0939 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donovan J. Halloran, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Scott Pasciak, Personal 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 him. The writ of execution and notice to defendant was mailed on November 3, 2010 to Donovan J. Halloran at 1203 Executive Drive, Glasgow, PA 16644. 09/01/2011 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 SO ANSWERS, September 01, 2011 RON R ANDERSON, SHERIFF ;2 ;c? CountySuite 9hentf. Teieoson_ In-,