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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 /a E& O'lot1 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 .? a)L QVIA . 3i.0 5 ?l# SlayCa? a73 gas oh,u (1Vl(1?;(9? 4t 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- ? UT 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~, ~ ~, ~ , ~, -~; Ronny R Anderson ~~ "~ `-t Sheriff ~~ 4t ear~r~Gr.~,, ~~ ~~'~ ' a „O s"*~..... Jody S Smith i ~~ _ ~ ~~' Chief Deputy , ,~ - ~ ~ " "{G Richard W Stewart h~ 1'" -` ~`~ Solicitor ~ ~ ~~ ` `~ ~~~~ ~ ~ r~ ~ --~ t,n ~ ..~ ~ 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: ~- ' .._ , __ ~. _,~ T~ .. - a ~ ,..,, .-,. , . , ~. _. .. _ . NO.: 12-2386-CIVIL ~~ - ., ,-, - . , Civil Action ~~ ` ~ ~- ..~ ~, ~r.`_ ~.~ ~ri =~-~ i " = I~swe~s ~ 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? ~k 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,