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HomeMy WebLinkAbout11-67132188878 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 LVNV Funding LLC vs. Kelly Hollingsworth COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-6713 civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above -captioned matter. The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. nberg, Esquire Joel M. Flink, Esquire Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre -paid, to all other parties or their counsel of record. Dated: 0.1 FREDERIC I. EINBE' , ESQUIRE 2188878 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 —LVNV Funding LLC COURT OF COMMON PLEAS _55 BEATTIE PLACE CUMBERLAND COUNTY =GREENVILLE 29601 -. (7-) r-0 -r, vs. DOCKET NO. : 11-6713 civilcr; : Kelly Hollingsworth @._; 142 Tory Cir mo IcD Enola PA 17025 --< 7?.:. [^� CD and „r`c. C3-11 r-: M&T Bank =_acs -- -= ill 1 West High Street .'C.': T Carlisle, PA 17013, GARNISHEE(S) PRAECIPE FOR WRIT OF EXECUTION =TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against Kelly Hollingsworth defendant(s)and (2) against M&T Bank garnishee(s) (3) Amount Due Interest from August 24, 2011 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL $2,144.45 $428.66 $.00 FREDERIC I. WEIN . , ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff $ aQ . OO PD tint i. a5 CBF loo,A5 PI) Any 4a.a5 C '.5-o C 4to4a3 0'315 1 (95 WitobeasSoe4 Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Relief At Last Name: HOLLINGSWORTH First Name: KELLY Middle Name: Active Duty Status As Of: Dec -23-2014 Results as of : Dec -23-2014 07:25:46 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date, Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This re ponse reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Stall Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 File # -Etier?. The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). OMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only 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 was on active duty for the active duty status date, 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/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the Individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days In length were available. In the case of a member of the National Guard, this Includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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 (NOAH Commissioned Corps). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: O1 W3H723P1 B1 ADO THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite]00 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net LVNV FUNDING LLC Vs. KELLY HOLLINGSWORTH WRIT OF EXECUTION (Pa R.C.P. 3252) NO 11-6713 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against KELLY HOLLINGSWORTH, 142 Tory Circle, Enola, PA 17025, 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. M&T BANK, 1 West High Street, Carlisle, PA 17013, GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (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 which 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. (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 $2,144.45 Plaintiff Paid Interest from 8/24/11 -- $428.66 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs e. David D. Buell, Prothonotary d. Deputy REQUESTING PARTY': Name : FREDERIC L WEINBERG, ESQUIRE Address: THE LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES PC 375 E. ELM STREET, SUITE 210 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rJ ,,)f:r. --9 PM Cutut PEI' SYLVAN1A LVNV Funding LLC vs. Kelly A. Hollingsworth Case Number 2011-6713 SHERIFF'S RETURN OF SERVICE 01/07/2015 03:03 PM - Jamie DiMartile, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joy Mathna, Senior Teller, 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 January 8, 2015 to Kelly Hollingsworth at 142 Tory Circle, Enola, PA 17025. January 08, 2015 (C, CountySuite Sheriff, Teleosoft, JAMIE DIMARTILE, DEPUTY SO ANSWERS, RNY R ANDERSON, SHERIFF