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HomeMy WebLinkAbout12-31432069136 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. c, BY: FREDERIC I. WEINBERG, ESQU IRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE r? Identification No.. 41200 _1001 E. Hector Street, Ste 220 -? =Conshohocken, PA 19428 _C) =484/351-0500 CD ?FIA CARD SERVICES, N.A. COURT OF COMMON P LEAS -? X600 BROADHOLLOW ROAD CUMBERLAND COUNTY Melville NY 11747 eivil n _31 3 DOCKET NO VS. . ROBIN L MCNAUGHTON =10800 HICKORY RUN RD R-__ORRSTOWN PA 17244 ENTRY OF APPEARANCE, ORDER FOR JUDGMENT AND ASSESSMENT OF DAMA=S (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 asses s damages as follows: Amount of Foreign Judgment $10,928.67 Costs $29.00 Attorney Fees Real Debt $10,957.67 GORDON & WEINBERG, P.C. BY: FREDERIC I. WE JOEL M. FLINK,J Attorney for P Damages ses a bove Pro on E?'G, ESQUIRE F UIRE ntiff aw-?'??3 SDPk aN 001 sya? ? ?-7 rORDON & 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 FIA CARD SERVICES, N.A. 600 BROADHOLLOW ROAD Melville NY 11747 VS. ROBIN L MCNAUGHTON 10800 HICKORY RUN RD ORRSTOWN PA 17244 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 10800 HICKORY RUN RD, ORRSTOWN PA 17244 and the plaintiff's last known address is FIA CARD SERVICES, N.A.,600 BROADHOLLOW ROAD, Melville NY 11747 that the foreign judgment entered by the plaintiff against the defendant(s) in the Pennsylvania, Franklin County in the sum of $10,957.67 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, P. BY: FREDERIC I. WERG, ESQUIRE JOEL M. FLINK, QUIRE 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 484/351-050C FIA CARD SERVICES, N.A. 600 BROADHOLLOW ROAD Melville NY 11747 VS. ROBIN L MCNAUGHTON 10800 HICKORY RUN RD ORRSTOWN PA 17244 TO ROBIN L 14MUGHTON 10800 HICKORY RUN RD ORRSTOWN PA 17244 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : . C1-v,1 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. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF FRANKLIN I, K,IWII,IG? rotonotarD o lie 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 ....................................... ................. F.TA.. C.A.RA.. UXV.ZCES.,.. NA................................................................... Plaintiff, and .................. RORIN..Z. MCNAU.GHTON.................................................. Defendant, so full and entire as the same remains of record before the said Court, as No. X6.200975046 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this Fg]?xu. t. y....22...2.0.12 ....... ........... 1ST DEPUTY Prothonotary DOUGLAS W. HERMAN I . ................................................................................ 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 bf the proper officer. President Judge COMMONWEALTH OF PENNSYLVANIA, COUNTY OF FRANKLIN ( SS. F ?N 1ST DEPUITYf Irothonotary The Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do hereby certify that the Honorable ..... DOUGLA.S ... ..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 ......... ... day of ...FE$??UA??X.......... A.D. 20.12. 1ST DEPUTY Prothonotary r :L4 :n a. :C :G- i.? : O ` N L7 ;r :OO ; N O r Y :? 00 N O 0 Ln a% O C) '? •? .0 . V `.S : o :o 0 n n O `C >C C?7 b Cam" d C?7 C? O d C fD rn m 0 a Q1 p rF 0 H z r n z x H Z C CD I-t U) b F-? w F+? rt F?- M I-h O iz :N :o :o :o O? I 11365702222012 Franklin County Prothonotary's Office PYS510 . Civil Case Print 2009-05046 FIA CARD SERVICES NA (vs) ROBIN L MCNAUGHTON Reference No... Case Type.....: COMPLAINT ¦ Page 1- Filed........ . 11/12/2009 Time.......... 1:47 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: VAN HORN CAROL L Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info FIA CARD SERVICES NA PLAINTIFF WEINBERG FREDERIC I 600 BROADHOLLOW ROAD MELVILLE NY 11747 MCNAUGHTON ROBIN L 10800 HICKORY RUN ROAD ORRSTOWN PA 17244 DEFENDANT Judgment Index Amount Date Desc MCNAUGHTON ROBIN L 10,928.67 1/22/2010 JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/12/2009 COMPLAINT IN CIVIL ACTION WITH COPIES FILED AND COPY TO SHERIFF AND COPY SENT TO WEINBERG. 006 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 1/22/2010 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 $10928.67. 004 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 2/01/2010 SHERIFF'S RETURN: COMPLAINT CIVIL ACTION WAS SERVED UPON ROBIN L MCNAUGHTON ON DECEMBER 3 2009 FILED. 001 Image page(s) exist(s) for this entry - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Be *Bal***Pymts/Adl End Bal ******************************** **** ****** ******************************* 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 EXEMPLIFICATION 21.00 21.00 .00 COMPLAINT FILED 60.00 60.00 .00 JUDG/DEFAULT 14.00 14.00 .00 -------------- 115.50 ---------- --- 115.50 --------- .00 * End of Case Information ATTEST TRUE COPY C LINDA L BEARD. PROTHONOTARY 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 :2A,C91C n ?t.?E 77 ? J: .r FIA CARD SERVICES, N.A. VS. ROBIN L MCNAUGHTON COURT OF COMMON PLEAS FRANKLIN COUNTY DOCKET NO. : 2009--5046 PRAECIPE FOR ENTRY OF JMGM MT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) ROBIN L MCNAUGHTON above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Interest from 7/30/07 @0% Costs (Complaint & Service) Less: Payment on Account Total: $10,782.17 $.00 $1.46.50 ( $.00) $10,928.67 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: FIA CARD SERVICES, N.A. and that the last known address of defendant, ROBIN L MCNAUGHTON, 10800 HICKORY RUN RD, ORRSTOWN PA 17244. 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. z 0 a a a 0 b a 0 y Z 0 z 0 a a y Ct] Cn '-3 y %o M c? ?J 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. I C-) AND NOW, this day of , 2Q,9,<Judgment is entered in favor of the plaintif ) and a inst defendant(s) by default for want of an answer and da ages assessed at the sum of , $10,928.67 as per the above r ificat& 0?? Prothonotary ¦ GORDON & WEINBERG P.C. BY: FREDERIC I. EI BERG, ESQUIRE JOEL M. FLIN ,_ ESQUIRE Attorney for Plaintiff Amang t4c ?krarbs anb 1rucedingS enrolled in the Court of Common Pleas in and for the County of Franklin in the Commonwealth of Pennsylvania, to No........... #2009.-5046 .. ..................... is contained the following: COPY OF ...... ft2009-5046 DOCKET ENTRY FIA CARD SERVICES, N.A. Plaintiff VS. SEE ATTACHED ROBIN L. MCNAUGHTON Defendant SVIOV,4 I82t,3 NO SHIOdd NNIDS L9'8Z6`01$ OTOZ ZZ NV.C 9705-600Z# W ON:I .LS?NZ.Lt?I l SHOIAUHS QUVD VI3 NOZHDIIVNObd I NIMI .Lmnowv .LAINWO(Inr mv:RA WN31 'ON mNI'I do 4,411NIV'ld ,LNF/QN3A3G AO N,LVQ NNn LVN SHIMIN3 X2GNi IN:qWDanr WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-3143 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, N.A. Plaintiff (s) From ROBIN L. MCNAUGHTON, 10800 HICKORY RUN ROAD, ORRSTOWN, PA 17244 ( I ) You are directed to levy upon the property of the defendant (s)and to sel I (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 401 EAST KING STREET, SHIPPENSBURG, PA 17257 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 $10,928.67 Interest FROM MAY 18, 2012 - $0 Atty's Comm Atty Paid $158.70 Plaintiff Paid Date: July 9, 2012 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs ?Ltl . 0 --- - David D. Buell, Prothonotary By:?? _ Deputy REQUESTING PARTY: Name: FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 200 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 2069136 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 garnishee(s) $10,928.67 $.00 FIA CARE) SERVICES, N.A. 600 BROADHOLLOW :ROAD Melville NY 11747 vs. ROBIN L MCNAUGHTON 10800 HICKORY RUN RD ORRSTOWN PA 17244 and Members 1st FCU 401 East King St Shippensburg, PA 17257 GARNISHEE FILED-G a ;_F THE PROTHONOTAR ?,' 2012 JUL -9 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3143 CIVIL 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 ROBIN L MCNAUGHTON defendant(s)and (2) against Members 1st FCU (3) AMOUNT DUE INTEREST from May 18, 2012 COSTS Prothonotary fee :Sheriff fee (4) Less: Payments on Account TOTAL C) y. so ( $.00) FREDERIC I. WEI G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaint'ff 'W. SO &(- &# JRot g,W a-7 -7 -7 q:e LO rA-0 - ?? a-?sl 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 FIA CARD SERVICES, N.A. 600 BROADHOLLOW ROAD Melville NY 11747 VS. ROBIN L MCNAUGHTON 10800 HICKORY RUN RD ORRSTOWN PA 17244 and Members 1st FCU 401 East King St Shippensburg, PA 17257 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY RECE1*1) JUL r a innv DOCKET NO. 12-3143 CI GL t.. r' ' cD .? J7 C INTERROGATORIES IN ATTACHMENT TO: Members 1st FCU - C,ARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so m result in judgment against you. 1. At the time you were served or at any subsequent tin did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to t defendant for any reason? l? es 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. ?o 3. At the time you were served or at any subsequent ti e did you hold legal title to any property of any nat re owned solely or in part by the defendant or in which defendant held or claimed any interest. ?O 4. At the time you were served or at, any subsequent ti: did you hold as fiduciary any property in which the defendant(s) had an interest? O 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to yo or to any person or place pursuant to your directio -ft 4eco/lED JUt or consent and if so what was the consideration therefore? 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 his(her, their) direction or otherwise discharge any claim of the defendant(s) against you. ?ko 7. 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 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 fo the exemption, the amount of funds in each account, the amount being withheld under each exemption and t e entity electronically depositing those funds on a recurring basis. yes -- So c S-P-C. _ T 11 ". 0 0 8. 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 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. §812'3? If so, identify each account. NA? J?v s CL f -r- e 9. How much is the value of any property in your possession belonging to the defendant(s)? g FREDERIC I. INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Zl- DATED:115-/ 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01" ,,; of cwrr4""1444? 4Cf .?.t 11,12 JUL 23 AM 8: 371 c'UMBERLAN'D FIA Card Services Case Numbe vs. Robin L McNaughton 2012-3143 SHERIFF'S RETURN OF SERVICE 07/18/2012 09:53 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2012 at 0953 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robin L. McNaughton, in the hands, possession, or co rol of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jan Finkle, MSR, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the cont ME there of known to her. The writ of execution and notice to defendant was mailed on July 19, 2012 to Robin L. McNaughton, 1 Hickory Run Road, Orrstown, PA 17244. SO ANSWERS, July 19, 2012 RONNY R ANDERSON, SHERIFF k6v" manda Cobaugh, D t ?qll=l'rj lf('jhP,ri IE IIJ?C 2069136 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 += LED-OFF(GE" k, f HE PROTHONOTAR ` 2012 AUG - I PM 1: 45 CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICES, N.A. VS. ROBIN L MCNAUGHTON and Members lst FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY I A - Q)q3 DOCKET NO. 44e-,9--5'0!'6 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Members 1st FCU, as Garnishee in the above entitle matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Poll Ot k? . 0) q(py -a g73o GORDON & WEINBERG, P.C. 2069136 BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 c 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. VS. ROBIN L MCNAUGHTON COURT OF COMMON PLEA; CUMBERLAND COUNTY DOCKET NO. "?- SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 07Aug12, it is suggested of record that r.a 330 C) r?a Defendant, ROBIN L MCNAUGHTON, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about August 3, 2012, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 12-04554. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. , ESQUIRE Attorney for Plaintiff ~__ia+ R Anderson ,ff ,ody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY , #~~,~~~», d~ ~9ttrrhrt/~ \/ ~~ ~> , ~' ~~ ~~~_. "_.~~ ,. _ c J f t v ~~ ~+3~'~ AtlG 13 PM 2~ 3 ~'~f~`~B~~S~~i~~; Gi~~1?' ~ENNSYC~A~!!~ FIA Card Services Case Number vs. 2012-3143 Robin L McNaughton SHERIFF'S RETURN OF SERVICE 07/18/2012 09:53 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2012 at 0953 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robin L. McNaughton, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jan Finkle, MSR, 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 July 19, 2012 to Robin L. McNaughton, 10800 Hickory Run Road, Orrstown, PA 17244. 08/13/2012 Defendant filed for bankruptcy 1:12-bk-04554-MDF 08/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendant entered into bankruptcy. SHERIFF COST: $88.38 August 13, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ~ mss- ~r . ~o ,~"~ ~ ? 4 273- (r,? Ccvn:ySurfe Sheriff: "I"eleesofl, Irc.