HomeMy WebLinkAbout13-4511 C
.'COMMONWEALTH OF PENNSYLVANIA
Notice of Judgment/Transcript Civil
COUNTY Or CUMBERLAND - _ Case
Mag. Dist. No: MDJ- 09 -1 -02 Portfolio Recovery Associates LLC
MDJ Name: Honorable Elizabeth S. Beckley V.
Address: 1901 State Street Nichole K Hendershot
Camp Hill, PA 17011
Telephone: 717- 761 -0583
David J. Apothaker, Esq. Docket No: MJ- 09102 -CV- 0000024 -2013
Apothaker & Associates PC Case Filed: 2/11/2013
520 Fellowship Rd # C306
Mt Laurel, NJ 08054 ���
v�' n
Disposition Summary
Docket No Plaintiff Defendant Disoosition isposition Date
MJ- 09102 -CV- 0000024 -2013 Portfolio Recovery Associates, Nichole K Hendershot Default Judgment fo 1aiQti 04/30/2013
LLC
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Nichole K Hendershot $0.00 $2,285.69 $2,285.69
Portfolio Recovery Associates, LLC $0.00 $0.00 $0.00
Judgment Detail ( 'PostJudgment)
In the matter of Portfolio Recovery Associates, LLC vs. Nichole K Hendershot on 4/30/2013 the judgment was awarded as follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $2,157.43 $2,157.43
Filing Fees $0.00 $128.26 $128.26
Grand Total: $2,285.69
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. }
APR 3 0 2013
Date Elizabeth S. Beckley:
certify that this is a true and correct copy of the record of the proceedings containing the 1u gm nt.
Date Magister I District J dge
MDJS 315 Page 1 of 2 Printed: 04/30/2013 2:07:50PM
Portfolio Recovery Associates, LLC Docket No.: MJ- 09102 -CV- 0000024 -2013
Y �
V.
Nichole K Hendershot
Participant List
�.
Private(s) m ; ='
� �rj
David J. Apothaker, Esq. t CD
Apothaker & Associates PC'
520 Fellowship Rd # C306 d
Mt Laurel, NJ 08054 Wi
a
Plaintiff(s)' «� t
Portfolio Recovery Associates, LLC `
140 Corporate Blvd
Norfolk, VA 23502
Defendant(s)
Nichole K Hendershot
151 Washington Terr / 1 S Q � Lemoyne, PA 17043 V
L f
MDJS 315 Page 2 of 2 Printed: 04/30/2013 2:07:50PM
r
Our File No.: 345931
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: NICHOLE K HENDERSHOT
151 WASHINGTON TER
LEMOYNE, PA 17043
PORTFOLIO RECOVERY ) COURT OF COMMON PLEAS
ASSOCIATES, LLC ) CUMBERLAND COUNTY
rc 1
Plaintiff ) NO.: �U/
vs. )
NICHOLE K HENDERSHOT )
Defendant )
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 l�
/ 3
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 number: 800 - 672 -0215
Our File No.: 345931
PORTFOLIO RECOVERY ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NICHOLE K HENDERSHOT NO.: 13-4511 CIVIL
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue a Writ of Execution in the above matter,-r; c
(1) directed to the Sheriff of CUMBERLAND County; r J
T
(2) against NICHOLE K HENDERSHOT, defendant(s); and -�
(3) against FULTON BANK 3344 TRINDLE RD CAMP HILL, PA 17011, Garnishee(s);
(4) and index this writ in the judgment index
(a) against NICHOLE K HENDERSHOT, defendant(s), and
(b) against FULTON BANK 3344 TRINDLE RD CAMP HILL, PA 17011, as Garnishee(s), as a lis
pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows:
Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage
firm accounts, stocks, cd's, insurance, safety deposit boxes, etc.
(5) Amount Due $2285.69
Interest from April 30, 2013 $110.84
Minus Payments made -$
Plus Costs $210.25
i
Total $2606.78 `
David J. Apotr,, Esquire
Attorney for Plaintiff(s)
tzl asla � �5 �%At_ .
. sow
ao
VAL goSCI 141 2cfre
/O F_—S.0
�, �,eF THE COURT OF COMMON PLEAS
f`� \ CUMBERLAND COUNTY PA
��
7 tip.• li,
,o - --- i')z DAVID D. BUELL,PROTHONOTARY
iv`� \i0, tiZ/7 One Courthouse Square • Suite 100 • Carlisle, PA • 17013
oi�j (717)240-6195
\ `1750 www.ccpa.net
PORTFOLIO RECOVERY ASSOCIATES, LLC
Vs. NO 13-4511 Civil Term
CIVIL ACTION—LAW
NICHOLE K.HENDERSHOT
WRIT OF EXECUTION
(Pa R.C.P.3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against NICHOLE K.HENDERSHOT, 151 WASHINGTON
TER, LEMOYNE,PA 17043 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
FULTON BANK GARNISHEE(S), as garnishee, 3344 TRINDLE ROAD, CAMP HILL,PA 17011 (Specifically
describe property) and to notify the garnishee that ALL ASSETS AND ACCOUNTS, INCLUDING, BUT NOT
LIMITED TO, BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS, STOCKS, CD'S, INSURANCE,
SAFETY DEPOSIT BOXES,ETC.
(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
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$2,285.69 Plaintiff Paid$
Interest$FROM APRIL 30,2013-$110.84 Interest from
Attorney's Comm. % Law Library$.50
Attorney Paid$60.25 Due Prothonotary$2.25
Other Costs$210.25
Date:3/21/14 , •
David D. Buell,Prothonotary
ii -
Deputy
REQUESTING PARTY:
Name : DAVID J. APOTHAKER,ESQUIRE
Address: APOTHAKER&ASSOCIATES,P.C.
520 FELLOWSHIP ROAD,C306
MT. LAUREL, NJ 08054
Attorney for: PLAINTIFF
Telephone: 856-780-1000
Supreme Court ID No.
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
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
�������U��"�� OFFICE ��� CUMBERLAND ����U U����
~°""~~"�"" " ~°�°" " "~~~~��" `~~�~~^~^
/ �L
'/
- �� ��°' r/c��
'`u/
~~*^r ^ /O}��T�
-~'`nfiR 3/
�
���n*w�� `
' ����Y1
Portfolio Recorvery Associates, LLC
vs.
Nichole Hendershot
Case Number
2013-4511
SHERIFF'S RETURN OF SERVICE
03/27/2014 12:23 PM - Noah Cline, Deputy, who being dul 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, Fulton Bank, 3344 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011,
Cumberland County, by handing to Rachel Kauffman, Teller, personally three copies of interrogatories
together with three true and attested copies of the Wr of Execution and made the contents there of known
to her.
The wr of execution and notice to defendant was mailed on March 31, 2014 to Nichole K. Hendershot at
151 Washington Terrace, Lomoyne, PA 17043.
March 31, 2014
(2) CountySulie Sheriff, Teieoseft,
NOAH CLINE, DEPUTY
SO ANSWERS,
RONNIYR ANDERSON, SHERIFF
PORTFOLIO RECOVERY ASSOCIATES, LLC,
Plaintiff
vs.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NICHOLE K HENDERSHOT, NO.: 13-4511 CIVIL
Defendant
and
FULTON BANK,
Garnishee
GARNISHEE FULTON BANK'S ANSWERS TO
SUPPLEMENTAL INTERROGATORIES IN ATTACHMENT WITH NEW MATTER
1. No.
2. No.
3. No.
4. No.
5. No.
6. No.
7. No.
8. Yes. There is one checking account xxxxxx5569, with a balance of $1,016.36 as to
which the $300 statutory exemption was first applied and a hold was placed for $716.36.
9. N/A.
10. N/A.
NEW MATTER
11. Pursuant to 42 Pa. C.S.A. §2503(3) Garnishee is entitled to a garnishee's
processing fee of $200 as a set-off and deduction from the amounts set forth in paragraph 8
above.
VERIFICATION
I, ANDREA L. LUMBATIS, being duly affirmed according to law, depose and say that I am
Legal Process Officer of Fulton Financial Corporation, that I am duly authorized to make this
Verification on its behalf and that the facts set forth in the foregoing Answers to Interrogatories
in Attachment are true and correct to the best of my knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa. C.S.§4904 relating to unsworn
falsification to authorities.
Date: 05 (z2 (1 L
Ntraw um h2flA
Andrea L. Lumbatis
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that Garnishee Fulton Bank's Answers to Interrogatories in
Attachment with New Matter have been served this 22nd day of May 2014, by first-class mail,
postage prepaid, upon:
David J. Apothaker, Esquire
Apothaker Scian P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, NJ 08054
Nichole K Hendershot
142 N 32nd Street, Apt A
Camp Hill, PA 17011
Our File No.: 345931
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff
vs.
NICHOLE K HENDERSHOT
Defendant
FULTON BANK
Garnishee
NO.: 13-4511 CIVIL
—urn - c .r
2-
PRAECIPE TO ENTER JUDGMENT AGAINST THE GARNISHEE
TO THE PROTHONOTARY:
Enter judgment against the garnishee:
FULTON BANK
C /e
• c r.,
r..
for the following propert e the defendant admitted in his answers to interrogatories to be in
said garnishee's possession , n the amount of:
$516.36
David J. Apothaker, Esquire
APOTHAKER SCIAN P.C.
not .1_ cia 11g, Sop eta /61
1610(0.51/
ZWI6P/c21
AJ01'e'
Our File No.: 345931
TO: FULTON BANK
3344 TRINDLE RD
CAMP HILL, PA 17011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff
vs.
NICHOLE K HENDERSHOT
Defendant
FULTON BANK
Garnishee
NO.: 13-4511 CIVIL
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER
HAS BEEN ENTERED AGAINST YOU. 1,
DAVID D. BUELL
PROTHONOTARY
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT:
David J. Apothaker, Esquire
Attorney for Plaintiff
520 Fellowship Road C306
PO BOX 5496
Mount Laurel, NJ 08054
800-672-0215
ci/ll /1/
�545�13�-
LISTENING IS JUST THE BEGINNING.`
May 22, 2014
David D. Buell, Prothonotary
Cumberland County Courthouse
1 Courthouse Square, Suite 100
Carlisle, PA 17013
,
%.ect° • tk -t\\
Re: Portfolio Recovery Associates, LLC, vs. Nichole K. Hendershot and
Fulton Bank, Garnishee
Docket No.: 13-4511
Dear Mr. Buell,
Enclosed please find an original copy of Garnishee Fulton Bank's Answers to
Interrogatories in Attachment to be filed in the matter referenced above. Please file the
original and time -stamp.
Should you have any questions, please contact me at 717-327-2281.
Enclosures
cc: Nichole K. Hendershot
David J. Apothaker, Esquire
(both w/enclosures)
Sincerely,
WS\
On Behalf of Fulton Bank, N.A.
Andrea L Lumbatis
Legal Process Officer
Fulton Financial Corporation
Fulton Bank, N.A. Member FDIC. Member of the Fulton Financial Family.
PORTFOLIO RECOVERY ASSOCIATES, LLC,
Plaintiff
vs.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NICHOLE K HENDERSHOT, NO.: 13-4511 CIVIL
Defendant
and
FULTON BANK,
Garnishee
GARNISHEE FULTON BANK'S ANSWERS TO
SUPPLEMENTAL INTERROGATORIES IN ATTACHMENT WITH NEW MATTER
1. No.
2. No.
3. No.
4. No.
5. No.
6. No.
7. No.
8. Yes. There is one checking account xxxxxx5569, with a balance of $1,016.36 as to
which the $300 statutory exemption was first applied and a hold was placed for $716.36.
9. N/A.
10. N/A.
NEW MATTER
11. Pursuant to 42 Pa. C.S.A. §2503(3) Garnishee is entitled to a garnishee's
processing fee of $200 as a set-off and deduction from the amounts set forth in paragraph 8
above.
VERIFICATION
I, ANDREA L. LUMBATIS, being duly affirmed according to law, depose and say that I am
Legal Process Officer of Fulton Financial Corporation, that I am duly authorized to make this
Verification on its behalf and that the facts set forth in the foregoing Answers to Interrogatories
in Attachment are true and correct to the best of my knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa. C.S.§4904 relating to unsworn
falsification to authorities.
Date: 05
ON ead 01) 0 AU
Andrea L. Lumbatis
r. •
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that Garnishee Fulton Bank's Answers to Interrogatories in
Attachment with New Matter have been served this 22nd day of May 2014, by first-class mail,
postage prepaid, upon:
David J. Apothaker, Esquire
Apothaker Scian P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, NJ 08054
Nichole K Hendershot
142 N 32nd Street, Apt A
Camp Hill, PA 17011
Our File No.: 345931
APOTHAKER SCIAN 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
Plaintiff
vs.
NICHOLE K HENDERSHOT
FULTON BANK
Defendant
Garnishee
2:211-1 JUL -3 PM 12.
OU1BERLANU Ciel i i
PENNSYLVANIA
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
13-4511 CIVIL
Civil Action
PRAECIPE TO SATISFY JUDGMENT AGAINST THE GARNISHEE
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, FULT
ANK, satisfied.
David J. Apothaker, Esquire
Attorney for Plaintiff
4q.5o Po ATri
C 1a8a►t40
0'3060'15
Ronny R Anderson
Sheriff
Jody 5 Smith
Chief Depu
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ot^ [:1
'
Q
PR
mTHwNO�
M
31400. -I
���
�
'_,". �
CUMBERLAND COUNT
Portfolio RecoverAssociates, LLC
vs.
Nichole Hendersho
Case Number
2013-4511
SHERIFF'S RN OF SERVICE
03/27/2014 12:23 PM - Noah Cline, Deputy, who being duly sworn according herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Fulton Bank, 3344 Trindle Road, Camp Hill Borough, Camp Hill,
PA 17011, Cumberland County, by handing to Rachel Kauffman, 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 cfexecution and notice hodefendant wmemsiledonK0arch31.2014toNichneK.Hendorshodad
151 Washington Terrace, Lemoyne, PA 17043.
1007/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on wriin over 6 months.
SHERIFF COST: $107.51 SO ANSWERS,
October 07, 2014 RONNYRANDERSON, SHERIFF
`��~ �� �� G '
��'
AM 3 /��0/'4~
(c) County:Suite Sheriff, Telcosoff,