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HomeMy WebLinkAbout12-3812COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 4$ Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Edward J. O'Brien, Esq. Burton Neil & Assc., P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Disposition Summary Notice of Judgment/Transcript Civil Case Barclay Bank Delaware V. Harold Irwin Docket No: MJ-09202-CV-0000049-2011 Case Filed: 3/30/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-CV-0000049-2011 Barclay Bank Delaware Harold Irwin Default Judgment for Plaintiff 07/07/2011 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Harold Irwin $0.00 $3,608.68 $3,608.68 Judgment Detail (*Post Judgment) In the matter of Barclay Bank Delaware vs. Harold Irwin on 7/07/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,496.68 $3,496.68 Costs $0.00 $112.00 $112.00 Grand Total: $3,608.68 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 JUDGMENT/TRANSCRIPT 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. 9 5 ? Date isterial District Judge Jessica Brewbaker«s t> . certify that this is a true an correct copy o the record o the proceeding cont in ng t e to gment. Date Ma ist rial District Judge Jessica Brewbaker D MDJS 315 Page 1 of 2 Printed: 09/02/2011 11:49:12AM ?, ?,.> 5` `'t?'?. ??(? 1,45 % "' 0?'?? ? ??? $`?? `??-, ?t?.???? -1%* COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Mag. Dist No.: 09-2-02 DJ Name: Hon. Jessica E. Brawbaker Address: E. Wing, 1 Courthouse Square Carlisle, PA 17013 Telephone: 7171240-6564 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS r' Barclay Bank Delaware c/o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 LWest Chester, PA 19380 DEFENDANT: rHAROLD IRWIN 64 S Pitt Street LCarlisle PA 17013-3220 VS. NAME and ADDRESS Docket No.: t v' q Date Filed: 3- 3j, L FILING COSTS AMOUNT 0 107 DATE PAID Social security numbers and financial , $ - / / information (e.g. PiNs) should not be POSTAGE " $ iL listed. If the identity of an account SERVING COSTS $ $ ! ! number must be established, list only CONSTABLE ED. the last four digits. 204 Pa.Code §§ TOTAL 213.1 -213.7. a.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $3A96.68 together with costs upon the following claim: For past due credit card account balance on account ending in 6822. 4corect verify that the facts set forth in this complaint are true and of my knowledge, information and belief. This statement is made subject to a penalties of SectioCrimes Code (18 PA. C. S. § 4904) related t sw Salsification to autho s. (signature of Plaintiff or Auth.n. gent) Plaintiffs Attorney: Edward J. O'Brien Attomey ID. NO. 32985 Telephone: 610-696-2120 Address: 1060 Andrew Drive, Suite 170 West Chester, PA 19380 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If you are disabled and require reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 30BA-10 Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Barclay Bank Delaware 125 S West Street Wilmington, DE 19801 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 1 9, 3Rl;) CAV I ( Harold Irwin 64 S Pitt Street Carlisle PA 17013-3220 Defendant CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. Burton NQil &,W?sociates, P.C. By:. . O'Brien, Esquire for Plaintiff Burton Neil & Associates, P.C. is a debt collector. Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Barclay Bank Delaware Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 1 a. 3919 Harold Irwin Defendant CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on L0 IF Prothonotary By: Deputy If you have any questions concerning the above, please contact: Edward J. O'Brien, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 Burton Neil & Associates, P.C. is a debt collector. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 BARCLAY BANK DELAWARE IN THE COURT OF COMMON PLEAS 125 S West Street,Wilmington DE 19801 Plaintiff V. CUMBERLAND COUNTY,PENNSYLVANIA HAROLD IRWIN 64 S Pitt Street,Carlisle PA 17013-3220 Defendant(s) NO. 12-3812 ORRSTOWN BANK w 22 South Hanover Street,Carlisle,PA 17013 i Garnishee(s) : CIVIL ACTION-LAW - To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 0 2. against HAROLD IRWIN , Defendant(s)--.4 3. and against ORRSTOWN BANK , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s)in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY- GARNISHMENT ONLY Serve interrogatories on garnishee at: 22 South Hanover Street,Carlisle,PA 17013 5. Amount Due $3,608.68 Interest from July 7, 2011 $.00 Total $3,608.68* *Plus writ costs Dated: March 6, 2013 EtWr , Esquire A ntiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b),the county should be indicated.Under Rule 3103(c)a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a).When the writ issued to another county indexing is required as of course in that county.See Rule 3104(b).Paragraph 4(b)should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired.See Rule 3104(c). The firm of Burton Neil&Associates, P.C. is attempting to collect a debt. 150770 I .s s F ��o F--XT- , (� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3812 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due BARCLAY BANK DELAWARE Plaintiff(s) From HAROLD IRWIN,64 S PITT STREET,CARLISLE,PA 17013-3220 (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 GARNISHEES)as follows: ORRSTOWN BANK,22 SOUTH HANOVER 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$3,606.68 L.L.$.50 Interest Atty's Comm % Due Prothy$2.25 Atty Paid $60.25 Other Costs Plaintiff Paid Date: MARCH I5,2013 Da ' e , rothonlry (Seal) By: Deputy REQUESTING PARTY: Name : EDWARD J.O'BRIEN,ESQUIRE Address: BURTON NEIL& ASSOCIATES,P.C. 1060 ANDREW DRIVE,SUITE 170 WEST CHESTER,PA 19380 Attorney for: PLAINTIFF Telephone:610.696-2120 Supreme Court ID No. `L PRO MO'ro TA ,; 2013 APR 25 PM 2-- 57 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil&Associates, P.C. By: Edward J. O'Brien, Esquire ID.NO. 32985 1060 Andrew Drive, Suite 170 West Chester,PA 19380 610-696-2120 Attorney for Plaintiff Barclay Bank Delaware IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY,PENNSYLVANIA HAROLD IRWIN Defendant NO. 12-3812 and ORRSTOWN BANK Garnishee : CIVIL ACTION-LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against ORRSTOWN BANK, garnishee. Burton Neil& ciates, P.C. By: d and . O'Brien, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. 150770 Doi 0,/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1. SLED- f "i L Sheriff 0 '-Nato" 0 THE PR€IT1TCNQTA ' Jody S Smith fifr���� Chief Deputy 70 1 3 APR 2 9 F012-;' 01 Richard W Stewart Solicitor 0FFXF0F7k1$1kERr,C CUMBERLA14D COUN'FY PENNSYLVANIA Barclays Bank Delaware Case Number vs. 2012-3812 Harold S. Irwin, III SHERIFF'S RETURN OF SERVICE 03/20/2013 11:23 AM -William Cline, 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, Orrstown Bank, 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Patrick Baker, 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 him. The writ of execution and notice to defendant was mailed on March 26,2013 to Harold Irwin, 64 S Pitt Street, Carlisle, PA 17013-3220. 04/29/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned STAYED. Plaintiffs attorney was able to collect$697.76 from bank garnishment. SHERIFF COST: $101.08 SO ANSWERS, . April 29, 2013 RONIV R ANDERSON, SHERIFF t c,`r`:ountySc.Oe$; �rqf.T eleosoft,11 c. 1 Burton Neil &Associates, P.C. By: Edward J. O'Brien,Esquire ID.NO. 32985 1060 Andrew Drive, Suite 170 West Chester,PA 19380 610-696-2120 Attorney for Plaintiff Barclay Bank Delaware : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 12-3812 HAROLD IRWIN Defendant : CIVIL ACTION-LAW Verification of Consideration I, Edward J. O'Brien, counsel for plaintiff, levying creditor in the above-captioned matter, hereby certify that after levy/garnishment, creditor realized the amount of$697.76 on said property. Claim is made for a refund of the unused portion of the deposit, if any. I make this verified statement as to the truthfulness of the facts set forth above subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Date: April 22, 2013 dw d . 'Brien,Esquire