Loading...
HomeMy WebLinkAbout14-2167 AUSTIN, BOLAND, CONNOR & GIORGI � ` ; *, t' i (1 N D TA ' N : By Clemson N. Page, Jr., Esquire 201 1 1 APP, - 9 Ph 2 . 58 Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L14999 -0002 CUM[ ERL AND COUNT P.O. Box 8521 P NNSYLVANJA Reading, PA 19603 [610] 374-8211 Fax [610] 372 -2361 E -mail: cnpage @abcglaw.com SPRINGLEAF FINANCIAL SERVICES OF IN THE COURT OF COMMON PLEAS, PENNSYLVANIA, INC., CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA VS. No. 1 -C U JOSHUA P. VAN BUSKIRK Defendant. CIVIL ACTION -- LAW PRAECIPE FOR ENTRY OF JUDGMENT PER MAGISTERIAL DISTRICT COURT TRANSCRIPT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff Springleaf Financial Services of PA, Inc. and against Defendant Joshua P. Van Buskirk, and assess damages as follows: Amount of Judgment Awarded: ............................... $2,664.04 TOTAL DUE ............. ............................... $ 2,664.04 (Together with costs and lawful interest from 02/11/2014). Attached hereto is a true, correct, endorsed, and sealed copy of the transcript of proceedings in Cumberland County Magisterial District Court 09 -3 -04 (Kathryn H. Silcox, MDJ), at Civil Action No. CV -. 4445 -2013. Dated: April 7, 2014. AUST , BOLA , CONNOR & GIORGI By Cle s n N ag , , E ire for Plaintiff. 00062354. WPD A C�11 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND - Case Mag. Dist. No: MDJ- 09 -3 -04 Springleaf Financial Services of Pennsylvania MDJ Name: Honorable Kathryn H. Silcox Inc Address: 5275 East Trindle Road V. Suite 110 Josuha P Van Buskirk Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Springleaf Financial Services of Pennsylvania Inc Docket No: MJ- 09304 -CV- 0000445 -2013 e 125 Gateway Drive Suite 109 Case Filed: 12/26/2013 Mechanicsburg, PA 17050 -2905 Disposition Summary (cc - Cross Complaint) Docket No Plaintiff Defendant Disposition F pasitiort� Date MJ- 09304 -CV- 0000445 -2013 Springleaf Financial Services of Josuha P Van Buskirk Default Judgment for Plaintiff —,,% ' 12/10/2014 Pennsylvania Inc Judgment Summary , Participant Joint/Several Liability Individual Liability Amount Josuha P Van Buskirk $0.00 $2,664.04 $2,664.04 Springleaf Financial Services of Pennsylvania $0.00 $0.00 $0.00 Inc Judgment Finding ( *PostJudgment) In the matter of Springleaf Financial Services of Pennsylvania Inc vs. Josuha P Van Buskirk on MJ- 09304 -CV- 0000445 -2013, on 2/10/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,551.54 $2,551.54 Filing Fees $0.00 $105.50 $105.50 Costs $0.00 $7.00 $7.00 Grand Total: $2,664.04 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. 4 , Date The Honorable Silcox`r certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisteri I District J d MDJS 315 Page 1 of 2 Printed: 03/13/2014 1:11:33PM COMMONwFJ1LTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT ag stem a Istnct um r, P n ea�e..a.eaaesa 09 -3 -04 DJ Name: Hon SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC. PAULA P. CORREAL 125 GATEWAY DRIVE, SUITE 109 ddress: MECHANICSBURG, PA 17050 -2905 5275 EAST TRINDLE ROAD, SUITE 110 MECHANICSBURG, PA 17050 VS. T elephone: (7171697 -6327 T. N,ME viCAeaefsc OSHUA P. VAN BUSKIRK 1480 YOCUMTOWN ROAD TTERS, PA 1i+i1M V iw. 1 - 7 daft No.: ate Filed: AMOUNT DATE PAID FILING COSTS POSTAGE 'cc ) , SERVICE COSTS ICJ CONSTABLE ED. $ TOTAL Pa.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 together with tosts, upon the following claim: Plaintiff seeks judgment against Defendant in the amount of (which sum INCLUDES an initial attorney fee of $55:00 (the Plaintiff will seek an ADDITIONAL attorney fee of $450.00 (for a total of $ 3,056.54 in the event the Plaintiff prevails in a contested hearing), by reason of Defendant's material default Of payment obligations to Plaintiff on a consumer loan identified as Account No. 17633336 (date of loan: 01104/2013). The Defendant::is in default of monthly payments from October 15, 2013 through the date of this Complaint, in the amount of $397.13: Plaintiff will engage counsel, produce its entire loan file, offer authenticated relevant documents and live witness testimony into evidence, and move for an award of attorney fees as stated above, in the event a formal evidentiary hearing is necessary. 1, ANKHANG DOAN BRANCH MANAGER being duly authorized. verify that the facts set forth in this complaint are true and correct to the best of my knowledge, Information, and belief. This statement is made subject to the panalti�o S�ction 4904 of the Crimes Code (18 PA. C.S. § 4904) related to u worn falsification to authorities. r PlaintlIrs (( �� qJ ��. / falWli Mr419tA�fd[Ld�C71I{1.... Attorney* C S N. PA / Address: 44 N. BTM ST., PO BOX 8521 Telephone: (Sid ItE71D1FrG;'TR're8e IF YOU INTENtI'TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU 00, JUDGMENT MAYBE 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, yarmust file it on a Complaint form at this office at least five (5) days before the date set for the hearing. If :rou are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, pluase Contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L14999 -0002 P.O. Box 8521 Reading, PA 19603 [610] 374 -8211 Fax [610] 372 -2361 E -mail: cnpagepabcglaw.com SPRINGLEAF FINANCIAL SERVICES OF IN THE COURT OF COMMON PLEAS, PENNSYLVANIA, INC., CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA`` _ vs. No. JOSHUA P. VAN BUSKIRK Defendant. CIVIL ACTION -- LAW CERTIFICATE OF ADDRESSES I certify that the addresses of all parties in interest with respect to the proceeding now pending before the Court are: Joshua P. VanBuskirk Defendant 1480 Yocumtown Road Etters, PA 17319 Clemson N. Page, Jr., Esquire for Plaintiff Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603. Dated: April 7, 2014. o' vp'. Cle son ag r. s uire 00062356. WPD t . Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 Joshua P. VanBuskirk 1480 Yocumtown Road Etters, PA 17319 Date: L 4h Re: Springleaf Financial Services of PA, Inc., Plaintiff, vs. Joshua P. VanBuskirk, Defendant, No. f - o� 1 �.0�1 , Cumberland County Court of Common Pleas To the Above -Named Defendant: Springleaf Financial Services of Pennsylvania, Inc., Plaintiff in the above - captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $ 2,664.04 , together with costs and lawful interest from February 11, 2014. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe for Entry of Judgment Per Magisterial District Court Transcript. This Notice is given to you pursuant to Pa. R. Civ. P. 236. CUMBERLAND COUNTY PROTHONO RY irk B ...� Y Deputy 00062256. WPD AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire 20 , 1 4 APR Attorney ID 25616 Attorney for Plaintiff PM 3 : d 44 North Sixth Street File No. L14999- 0002 UlfrLAt40 C0ll9TY P.O. Box 8521 PENNSYLVANIA Reading, PA 19603 [610] 374 -8211 Fax [610] 372 -2361 E - mail: cnpagepabcglaw.com SPRINGLEAF FINANCIAL SERVICES. OF IN THE COURT OF COMMON PLEAS, PENNSYLVANIA, INC., CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA �I vs. No. iv/ JOSHUA P. VAN BUSKIRK Defendant. CIVIL ACTION -- LAW PRAECIPE FOR ISSUANCE OF WRIT OF EXECUTION ON A MONEY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly issue a writ of execution, directing the Sheriff of Cumberland County to levy upon, inventory and set for sale all property of Defendant and judgment debtor Joshua P. VanBuskirk, whether owned individually or jointly, not levied upon on the premises at 1480 Yocumtown Rd., Etters, Cumberland County, PA 17319. Pa. R. Civ. P. 2958 Date Judgment Entered: , 2014. Date Affidavit of Mailing Filed: 5 2014. Judgment Entered by Transcript of Judgment from Magisterial District Court 12 -2 -01. Amount due: $2,664.04 Interest from February 11, 2014. Plus costs as per endorsement hereon. Costs paid: Prothonotary: Sheriff Dated: April 7, 2014. Clemson . a' e, J quire Attorney for Plaintiff. 00062360. WPD �� 4.2 O F C U'jf ti P z THE COURT OF COMMON PLEAS ' y CUMBERLAND COUNTY PA ° DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 1756 (717) 240 -6195 www.ccpa.net SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC. Vs. NO 14 -2167 Civil Term CIVIL ACTION — LAW JOSHUA P. VAN BUSKIRK WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JOSHUA P. VAN BUSKIRK, 1480 YOCUMTOWN ROAD, ETTERS, PA 17319 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; LEVY UPON INVENTORY AND SET FOR SALE ALL PROPERTY OF DEFENDANT AND JUDGMENT DEBTOR JOSHUA P. VAN BUSKIRK WHETHER OWNED INDIVIDUALLY OR JOINTLY, NOT LEVIED UPON ON THE PREMISES AT 1480 YOCUMTOWN ROAD, ETTERS, PA 17319. (2) you are also directed to attach the property of the defendant (s) not levied'upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (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 I 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 $2,664.04 Plaintiff Paid Interest FROM FEBRUARY 11, 2014 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs l Date: 4/9/14 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: CLEMSON N. PAGE, JR., ESQUIRE Address: AUSTIN, BOLAND, CONNOR & GIORGI 44 NORTH SIXTH STREET P.O. BOX 8521 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610- 374 -8211 Supreme Court ID No. 2561.6 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 2 Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA INC vs. JOSHUA P VANBUSKIRK PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration fc 1( Case Number 2014 -SU -1416-41 SHERIFF'S RETURN OF SERVICE 06/03/2014 RECEIVED $2888.39 (INTO ESCROW) FROM DEFENDANT TO SETTLE AND SATISFY JUDGMENT DEBT AND COSTS ON WRIT. ISSUED ESCROW CHECK #90594 IN THE AMOUNT OF 2757.27TOCLEMSON N. PAGE JR, ATTORNEY FOR THE , PLAINTIFF, TO SETTLE AND SATISFY JUDGMENT DEBT AND COSTS OF EXECUTION. 06/03/2014 01:55 PM - SERVED ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM UPON JOSHUA P VANBUSKIRK, THE WITHIN NAMED DEFENDANT AT 1480 YOCUMTOWN ROAD, ETTERS, PA 17319, INFORMED DEFENDANT OF CONTENTS OF SAME. SHERIFF COST: $131.12 (PAID BY DEFENDANT) June 05, 2014 /L\\ a D STAHL, DEPUTY SO ► :S, RICHARD P KEUERLEBER, SHERIFF LO C-11 r... CU1MPIONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 v=n.r;rYI.VANIA.ASSOCIATION OF NOTARIES (3— Affirmed and subscribed to before me this 5TH day of NOTARY JUNE 2014 (c) CountySuiI2 Sheriff; Telecsort, Inc.