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Home My WebLink About14-3711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA r ASSET ACCEPTANCE,LLC No: ,�- 711 G Plaintiff vs. CIVIL ACTION-LAW LAWRENCE E SMITH Defendant(s) PRAECIPE TO ENTER JUDGMENT ON MAGISTERIAL DISTRICT JUDGE'S TRANSCRIPT OF JUDGMENT In accordance with the transcript of the Magisterial District Judge which is attached hereto, enter judgment in favor of Plaintiff and against Defendant(s), in the sum of$3,552.07, which consists of $3,396.94 as principal and$155.13as costs less payments of$0.00, interest there n from the date of that judgment, as provided by law. DANIEL TUCCI '2800 1 INTERNATIONAL/PLAZA 5TH FLOOR PHILADELPHIA Pt4 19113 (866) 300-8750 f Attorney for Plaintiff AFFIRMATION OF NO APPEA As of the date of this filing a District Justice appeal has not been ed ' the Court of C on Pleas of CUMBERLAND County. DA IEL MTffCCI `' Attorney ID#92800 , - Cle# 6 Plo P�� PA_0412 File No.: 14-386255 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ASSET ACCEPTANCE,LLC No: Plaintiff vs. CIVIL ACTION-LAW LAWRENCE E SMITH Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS LAWRENCE E SMITH ASSET ACCEPTANCE, LLC 1123 HARRISBURG PIKE 28405 VAN DYKE CARLISLE PA 170131618 WARREN MI 48093 DANIEL SANTUCCI Attorney ID#92800 PA 0412 File No.: 14-386255 CERTIFICATE OF SERVICE I, DANIEL SANTUCCI, an authorized agent for ASSET ACCEPTANCE,LLC, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on Magisterial District Judge's Transcript of Judgment was served this date by mailing same via first class mail, postage prepaid, addressed as follows: LAWRENCE E SMITH 11.23 HARRISBURG PIKE CARLISLE PA 170131618 Defendant Dated: DANIEL SANTUCCI Attorney ID#92800 PA 0412 File No.: 14-386255 z., r/U,3711 4 COkAMONVVEALTH OF PENNSYLVANIA,.. Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case r Mag. Dist. No: MDJ-09-3-03 Asset Acceptance, LLC MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Lawrence E Smith P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Asset Acceptance, LLC Docket No: MJ-09303-CV-0000069-2013 C/O Fulton, Friedman & Gullace, LLP Case Filed: 4/26/2013 6 Kacey Court Suite 203 Mechanicsburg, PA 17055 �. s- Mrn. Fr . 7U . _ C_D CD Disposition Summary (cc cross complaint) C-) CD Docket No Plaintiff Defendant Disposition ?C'Dispositi n'Date MJ-09303-CV-0000069-2013 Asset Acceptance,LLC Lawrence E Smith Default Judgment for Plai�ntiff: cr 12/1'6/2013 Judgment Summary -< Participant Joint/Several Liability Individual Liability Amount. Asset Acceptance,LLC $0.00 $0.00 $0.00 Lawrence E Smith $0.00 $3,552.07 $3,552.07 Judgment Finding (`Post Judgment) In the matter of Asset Acceptance, LLC vs. Lawrence E Smith on MJ-09303-CV-0000069-2013, on 12/16/2013 the judgment was . awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,396.94 $3,396.94 Filing Fees $0.00 $120.50 $120.50 Server Fees $0.00 $34.63 $34.63 + Grand Total: $3,552.07 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'1S'ENTERED'IN-THE•COU RT-OF-COMMON-PLEAS,ANYONE.INT.ERESTFD IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FIJL'L;SETTLE OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date giste I District Judge - certify that this is a true and correct copy of the record of the procee in containin t e judgment. �c /,4 f/ Date Mag al District Judge MDJS 315 L� Page 1 of 2 Printed:12/20/2013 7:44:42AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ASSET ACCEPTANCE,LLC No: 1 VI - 3`1 ( 1Optl Plaintiff vs. CIVIL ACTION-LAW LAWRENCE E SMITH Defendant(s) NOTICE OF JUDGMENT Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows: in the sum of$3,552.07, which consists of$3,396.94 as principal and$155.13 as costs less payments of$0.00,plus interest thereon from the date of that judgment, as provided by law. NOW, �, 2014,JUDGMENT IS E TE S YMYE. t Prothonotary/Clerk,Civil Division By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: LAWRENCE E SMITH 1.123 HARRISBURG PIKE CARLISLE PA 170131618 Defendant DANIEL SANTUCCI Attorney ID#92800 PA 0412 File No.: 14-386255 4 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC Plaintiff vs. LAWRENCE E SMITH Defendant(s) No: 14-3711 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned referenced matter. PA 0529G File No.: 14-386255 on . -hal 4hiof the Plai DAN'' L S A T r' CI 1 INTERNATIONAL PL PHILADELPHIA PA 191 3 (866) 300-8750 iff in the above - A 5TH FLOOR '4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC Plaintiff vs. LAWRENCE E SMITH Defendant(s) 11Y-€ 1)01'0/3 ((93 -Ei4.rrisb"fi and M&T BANK Garnishee. No: 14-3711 CIVIL ACTION - LAW PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of attachment in the above matter to the Sheriff of CUMBERLAND County, for debt, interest costs directing attachment against M&T BANK 1 WEST HIGH STREET ATTN: LEGAL CARLISLE PA 17013, as Garnishee, for the following property of the defendant(s): deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and all other property of the defendant(s) in the possession, custody or control of Garnishee. :E :❑ : Docket No. 14-3711 : Principal Amount : Court Costs Less Payments : Interest: : Total Atty's Comm: Costs: Date d a Cisf &06,a9,5 poi PA_0512G File No.: 14-386255 Confessed Judgment Other $3,552.07 $0.00 $0.00 $88.75 $3,640.82 $0.00 Signature: Print name: Address Attorney for: DANIEL SANTUCCI 1 INTERNATIONAL PLAZA 5TH FLOOR PHILADELPHIA PA 19113 PLAINTJf'li Telephone: (866) 300-8750 Supreme Court ID No: # 92800 Uk- (Rom() s6 /2 3W/13 Wit .7-ssveci THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net ASSET ACCEPTANCE, LLC Vs. LAWRENCE E. SMITH WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-3711 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against LAWRENCE E. SMITH, 1123 HARRISBURG PIKE, CARLISLE, PA 17013 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 M&T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013GARNISHEE(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 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 1 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 $3,552.07 Interest $88.75 Attorney's Comm. % Attorney Paid $60.25 Date: 12/3/14 (Sea 1) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs biat.teeL 1 David D. Buell, Prothonotary Bye REQUESTING PARTY: Name : DANIEL SANTUCCI, ESQUIRE Address: 1 INTERNATIONAL PLAZA, 5TH FLOOR PHILADELPHIA, PA 19113 Attorney for: PLAINTIFF Telephone: 866-300-8750 Supreme Court ID No. 92800 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY E:'`Fri--o r IL._ ‘..q"" t, ot'L�lrlrliJCfi��fe THE PRO I i i1J U TAR OFFICE OF ME 6KERIFF 1Q140E0 10 PM 3:2L CUMBERLAND COUNTY PENNSYLVANIA Asset Acceptance LLC - vs. Lawrence E Smith Case Number 2014-3711 SHERIFF'S RETURN OF SERVICE 12/08/2014 01:07 PM - Jeff Kolodzi, 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 gamishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Caren Broscious, Relationship banker, 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 December 9, 2014 to Lawrence E. Smith at 1123 Harrisburg Pike, Carlisle, PA 17013. December 09, 2014 (c) CountySulte Sheriff, Telecsoft, Inc. I/ AZ JEFF OLS DZI, DEP TY SO ANSWERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC Plaintiff vs. LAWRENCE E SMITH Defendant(s) and M&T BANK Garnishee. No: 14-3711 CIVIL AC'1'1ON - LAW piS INTERROGATORIES TO GARNISHEE To: M&T BANK 1 WEST HIGH STREET ATTN: LEGAL CARLISLE PA 17013 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLE 1'h THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO 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. A. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. B. "You" means the main office and all branch offices, representatives, employes and agents of your organization. C. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. D. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. E. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. F. Where knowledge or information is possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. PA 0511G File No.: 14-386255 INTERROGATORIES TO GARNISHEE DEFENDANT(S) - LAWRENCE E SMITH SS#- XXX -XX -4287 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 the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? 1,3 ata -- 2. a- 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(s)? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any interest? I `� 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 an interest? 1 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 if so what was the consideration therefor? A` A 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 discharged any claim of the defendant(s) against you?‘A' iNt 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 were 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 number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. n0 PA 0511G File No.: 14-386255 DEFENDANT(S) - LAWRENCE E SMITH SS# - XXX -XX -4287 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds in deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 960'1-i s 9. Please identify all accounts not listed in your answer to interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of those accounts jointly with any other person, or persons, give their name, address and relationship to the defendant. 3 I NO HOLD PLACED BALANCE DOES NOT, EXCEED EXEMPT AMOUNT 10. Are there any attorney's fees or processing fees charged by you against the defendant(s) or account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation to the Answer. /'0 11. Please provide the name, business address and business telephone of the person answering these interrogatories. M & T BANK LEGAL DOCUMENT PROCESSING M&T BANK ,r P.O. BOX 844 BUFFALO, NY 14240 12. Please provide the address and elephone number where fu►. curt docume pertaining to this case can be served on Garnishee. LORRIE MASKA D • 'r L `111747- 1 11171 1 IN RNATIONAL PL • iA 5TH FLOOR PHILADELPHIA, PA 1911 (877) 386-5396 Attorney for Plaintiff Please return your Answer to Interrogatories to counsel for Plaintiff at 1 INTERNATIONAL PLAZA 5TH FLOOR PHILADELPHIA PA 19113. \\[".�-- DEC 2014 L ME Mp,SKA M&T BANK PA_0511 G File No.: 14-386255