HomeMy WebLinkAbout12-23864r q
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-3-02
MDJ Name: Honorable Vivian Cohick
Address: 55 Penn Drive
Newville, PA 17241
Telephone: 717-776-3187
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Notice of Judgment/Transcript Civil
Case .
Portfolio Recov
Clint Carey ~~?
David Apothaker, Esq.
520 Fellowship Road Suite# C306 ;v
Mount Laurel, NJ 08054 two,?`??? `"?
l?? ??R y 1 2012
Disposition Summary
Docket No Plaintiff Defendant
MJ-09302-CV-0000022-2012 Portfolio Recovery Clint Carey
Judgment Summary
Participant Joint/Several Liability Individual Liability
Clint Carey $0.00 $2,572.89
Portfolio Recovery $0.00 $0.00
Docket No: MJ-09302-CV-0000022-2012
Case Filed: 1/17/2012
Disposition Disposition Date
Default Judgment for Plaintiff 02/28/2012
Amount
$2,572.89
$0.00
Judgment Detail ('PostJudgment)
In the matter of Portfolio Recovery vs. Clint Carey on 2/28/2012 the disposition is Default Judgment for Plaintiff and judgment was
awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $2,469.89 $2,469.89
Costs $0.00 $103.00 $103.00
Grand Total: $2,572.89
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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT 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.
Date Magisterial District Judge Vivian Cohick "Icertify that this is a true an correct copy o the record o the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 02/28/2012 12:59:30PM
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Our File No.: 313825
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: CLINT CAREY
141 DOUBLING GAP RD
NEWVILLE, PA 17241
PORTFOLIO RECOVERY
ASSOCIATES, LLC
Plaintiff
vs.
CLINT CAREY
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 3*?r?
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 as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF
ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esquire at this telephone num 80 0.672-0215
Our File No.: 313 825
IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY
COMMONWEALTH OF PENNSYLVANIA
PORTFOLIO RECOVERY ASSOCIATES,
LLC
vs. NO.: 12-2386-CIVIL -CLINT CAREY
141 DOUBLING GAP RD PRAECIPE FOR WRIT OF EXECUTION. c :.>
NEWVILLE, PA 17241 (MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
(1) Directed to the Sheriff of CUMBERLAND County, PA;
(2) against CLINT CAREY, Defendant(s)
(3) and against M & T BANK 100 SOUTH SPRING GARDEN STREET CARLISLE PA 17013. Garnishee(s)
(4) and enter this writ in the judgment index
(a) against Defendant(s) and
(b) against Defendant(s) and
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s). Specifically describe property
per attached property description:
(5) Amount Due
Interest from February 28, 2012
(Costs to be added)
Payments
Dated: I b ql (,V/
31 as C N
aSp ha 1?
$2572.89
$101.89
$210.25
SD LL-
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aga'? ac?
Apothaker & Associates, P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Supreme Court ID No.: 38423.
\)) i oG 6(..1 SSSIEA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 12-2386 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff (s)
From CLIENT CAREY, 141 DOUBLING GAP ROAD, NEWVILLE, PA 17241
(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:
M&T BANK, 100 SOUTH SPRING GARDEN 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 $2,572.89
Interest $101.89
Atty's Comm %
Atty Paid $62.75
Plaintiff Paid
Date: 11/7/12
(Seal)
L. L. $.50
Due Prothy $2.25
Other Costs $210.25
David D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name : DAVID J. APOTHAKER, ESQUIRE
Address: APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
P.O. BOX 5496
MOUNT LAUREL, NJ 08054
Attorney for: PLAINTIFF
Telephone: 800-672-0215
Supreme Court ID No. 38423
SHERIFF'S OFFICE OF CUMBERLAND COUNTI~, ~ ~,
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Ronny R Anderson ~~ "~ `-t
Sheriff ~~ 4t ear~r~Gr.~,, ~~
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Jody S Smith i
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Chief Deputy , ,~ - ~ ~ " "{G
Richard W Stewart h~ 1'" -` ~`~
Solicitor ~ ~ ~~ ` `~ ~~~~ ~ ~
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Portfolio Recovery Associates, LLC I Case Number
vs. 2012-2386
Clinton David Carey
SHERIFF'S RETURN OF SERVICE
11/09/2012 02:51 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 9,
2012 at 1451 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Clint Carey, in the hands, possession, or control of the within named
garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Joan
Crowl, Teller 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 November 13, 2012 to Clint Carey at 141
Doubling Gap Road, Newville, PA 17241.
DENN RY,DEPUTY
November 13, 2012
SO ANSWERS,
-~.
RON R ANDERSON, SHERIFF
_ .;..^~ySure Slmriff.. Tsleso~t, I:.^:r.
'~' .
Our File N~>.: 313825
PORTFOLIO RECOVERY ASSOCIATES,
LLC
Plaintiff
vs.
CLINT CAREY
141 DOUBLING GAP RD
NEWVILLE, PA 17241
XXX-XX-1.741
Defendant
M & T BANK Garnishee
COURT OF COMMON PLEAS,OF __
CUMBERLAND COUNTY~~"z: ~- '
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NO.: 12-2386-CIVIL ~~ -
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INTERROGATORIES TO GARNISHEE
TO: M & T BANK 100 SOUTH SPRING GARDEN STREET CARLISLE PA 17013, Garnishee:
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?
1J
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)?
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 pact by the defendant(s) or in which the defendant held or claimed any interest?
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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?
~~
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?
~~
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 defendant(s) against
You? ti l~
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
electronic~~depositing those funds on a recurring basis. Nl & T BANK
~fAS NO OPEN ACCOUNTS
1'f~R ABOVE NAMEa
-t - ' '~'`
.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.
~~
9. How much is the value of any property in your possession belonging to the defendant(s)?
10. In the space below, the plaintiff may set forth additional appropriate interrogatories.
Dated: l ~ ( /
~~`~I~,,
CATHY S FISHER
M&T BANK
David J. Apothaker, Esquire
APOTHAKER & ASSOCIATES. P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, New Jersey 08054
~GV 1 5 20T1 (8s6~ Aso-looo
Attorneys for Plaintiff
Our File No.: 313825
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker, Esquire
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
vs.
CLINT CAREY
M&TBANK
Plaintiff
Defendant
Garnishee
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 12-2386-CIVIL
Civil Action
c7 -
PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark. the attachment against the Garnishee, M & tBK, dissolved.
David J. Apothaker, Esquire
Attorney for Plaintiff
49.50 P16 A7ry
c-m 08801
0a8gy95
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Anderson r �_ I
Li `O Of C L
S Smith
ief Deputy 113 JUN 10 AM 10: 1 a
L
ichard W Stewart
Solicitor Or !CEOFskE CCUMB R AND 001"Pf
Portfolio Recovery Associates, LLC
Case Number
vs.
Clinton David Carey 2012-2386
SHERIFF'S RETURN OF SERVICE
11/09/2012 02:51 PM-Dennis Fry, Deputy Sheriff,who being duly sworn according to law, states that on November
9, 2012 at 1451 hours, attached as herein commanded all goods, chattels, rights,debts, credits, and
monies of the within named defendant, to wit: Clint Carey, in the hands, possession, or control of the
within named garnishee, M&T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, by
handing to Joan Crowl, Teller 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 November 13,2012 to Clint Carey at 141
Doubling Gap Road, Newville, PA 17241.
06/07/2013 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.
SHERIFF COST: $88.40 SO ANSWERS,
June 07, 2013 RONIV R ANDERSON, SHERIFF
.. (c)CcuntySulte Sheriff,Teleosoft,Inc,