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HomeMy WebLinkAbout14-6030 T FA FOX AND FOX ATTORNEYS AT LAW,P.C. By: Craig H. Fox,Esquire r 0 T 10 FIN ^41 Attorney I.D. #49509 11 D C 0 U t4 T Y 425 Swede Street ! Suite 706, One Montgomery Plaza Norristown,PA 19401 (610) 275-7990, SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. CUMBERLAND COUNTY,PA 601 NW Second Street Evansville,IN 47708vi Te m NO. 14 - bow V. STEVEN A. FINKEY and JOANNE K. FINKEY 31 Thompson Creek Drive Shippensburg, PA 17257 PRAECIPE TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure 3002, enter judgment against the Defendants, in the amount of Three Thousand, Three Hundred, Thirteen Dollars and 68/100 ($3,313.68), plus interest and costs, in accordance with the attached certified copy of the District Justice Notice of Judgment, and index said judgment against the Defendants and their property. (CRAI FOX AVttey for Plaintiff -,is Pb AT7Y 31a,187 N�fyaded GA214 1 00\214162\214162 T.JDG to CCP 141007.doc 60M*M6NWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 Springleaf Financial Services of Pennsylvania MDJ Name: Honorable H.Anthony Adams Inc. (DMG) Address: 35 West Orange Street V. Shippensburg,PA 17257 Steven A. Finkey, Joanne K Finkey Telephone: 717-532-7676 Craig Harrison Fox, Esq. Docket No: MJ-09301-CV-0000102-2014 Fox and Fox Attorneys at Law, P.C. Case Filed: 7/16/2014 706 One Montgomery Plaza, 425 Swede Street Norristown, PA 19401 Disposition Summary (--Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000102-2014 Springleaf Financial Services of Steven A.Finkey Default Judgment for Plaintiff 08/21/2014 Pennsylvania Inc.(DMG) MJ-09301-CV-0000102-2014 Springleaf Financial Services of Joanne K Finkey Default Judgment for Plaintiff 08/21/2014 Pennsylvania Inc. (DMG) Judgment Summary Participant Joint/Several Liability Individual Liability Amount Joanne K Finkey $3,313.68 $0.00 $3,313.68 Springleaf Financial Services of Pennsylvania $0.00 $0.00 $0.00 Inc.(DMG) Steven A. Finkey $3,313.68 $0.00 $3,313.68 Judgment Finding (*PostJudgment) In the matter of Springleaf Financial Services of Pennsylvania Inc. (DMG) vs. Steven A. Finkey; Joanne K Finkey on MJ-09301-CV-0000102-2014,on 8/2V2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $3,156.96 $0.00 $3,156.96 Costs $117.00 $0.00 $117.00 Server Fees $39.72 $0.00 $39.72 Grand Total: $3,313.68 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. Date Magisterial District Judge H.Anthony Adams MDJS 315 Page 1 of 3 Printed:08/21/2014 11:54:36AM Springleaf Financial Services of Pennsylvania Inc. Docket No.: MJ-09301-CV-0000102-2014 (DMG) v. Steven A. Finkey, Joanne K Finkey certify that this is a true and correct copy of the record of the proceedings containing the judgment. - v Date I Magisterial District Judge MDJS 315 Page 2 of 3 Printed:08/21/2014 11:54:36AM Springleaf Financial Services of Pennsylvania Inc. Docket No.: MJ-09301-CV-0000102-2014 (DMG) V. Steven A. Finkey, Joanne K Finkey Participant List Plaintiff(s) Springleaf Financial Services of Pennsylvania Inc. (DMG) P.O. Box 3251 Evansville, IN 47731-3251 Defendant(s) Joanne K Finkey 31 Thompson Creek Shippensburg, PA 17257 Steven A. Finkey 31 Thompson Creek Rd Shippensburg, PA 17257 Complainant's Attorney(s) Craig Harrison Fox, Esq. Fox and Fox Attorneys at Law, P.C. 706 One Montgomery Plaza,425 Swede Street Norristown, PA 19401 MDJS 315 Page 3 of 3 Printed:08/21/2014 11:54:36AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT Magisterial District Number: PLAINTIFF: NAME and ADDRESS 09-3-01 MDJ Name:Hon. Springleaf Financial Services H. Anthony Adams of Pennsylvania, Inc. (DMG) Address: 35 W. Orange Street P.O. Box 3251 Shippensburg, PA 17257 Evansville, IN 47731-3251 VS. Telephone: (717)532-7676 DEFENDANT: NAME and ADDRESS Joanne K. Finkey and Steven A. Finkey 31 Thompson Creek Drive Shippensburg, PA 17257 Docket No.: ,v—r©Z— Date Filed: AMOUNT DATE PAID FILING COSTS $ 11-7 -09 `j/ ((a / I q POSTAGE $ l l Social security numbers and financial information SERVICE COSTS $ 2.0.lop 7l /to l 14 (e.g. PINS)should not be listed. If the identity of an CONSTABLE ED. $ .10 . 00 l l account number must be established, list only the TOTAL $ +5,6, 1p() 7/ j 1F+ l 144 last four digits. 204 Pa.Code§§213.1 -213.7. 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$3,156.96 together with costs upon the following claim: Defendants executed a Loan Agreement and Disclosure Statement dated April 24, 2013. Defendants are in default by reason of their failure to make the required payments. The Loan Agreement provides for late charges and attorney fees. Plaintiff requests judgment in the amount of$2,525.57 plus$631.39 in attorney fees for a total of$3,156.96 plus interest from May 8, 2014 at the contract rate until the date of Judgment and thereafter at the post judgment legal rate of interest. r I R 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 penalties of Section 4904 of the Crimes Code(18 PA. C.S.§4904)related to unsworn falsification to authorities. UnitR of PI inti or thorized Agent) The plaintiff's attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1. IF YOU INTEND 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 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 (5) days before the date set for the hearing. If you are disabled and require a 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 308A-11 j FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Attorney I.D. #49509 425 Swede Street Suite 706, One Montgomery Plaza Norristown,PA 19401 (610) 275-7990 SPRINGLEAF FINANCIAL SERVICES : COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. CUMBERLAND COUNTY,PA 601 NW Second Street Evansville,IN 47708 / NO. V. STEVEN A. FINKEY and JOANNE K. FINKEY 31 Thompson Creek Drive Shippensburg,PA 17257 VERIFICATION OF NON-MILITARY SERVICE Craig H. Fox, Esquire hereby verifies that he represents the Plaintiff in the above entitled case; that he is authorized to make this verification on behalf of the Plaintiff that to the best of his knowledge, information and belief the above named Defendants are over 18 years of age; the address of the Defendants are as listed above in the caption; the occupation of the Defendants are unknown; and Defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldier's.and the Sailor's Civil Relief Act of 1940 and the amendments thereto. Deponent further states that he understands that these statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Cr 1g H. F Date: A orn for Plaintiff Sworn to and subscribed before e th' / ay COMMO Of 2EAL7N OF P NSYQ.VANtA NOTARIAL SEAL PHYLLIS Ali.GRIFFIN,Notary Public No rn'stO*n Boro,,Montgomery County My Commission E ires September 29, 015 No y u lic G:\214100\214162\214162 T.JDG to CCP 141007.doc FOX AND FOX ATTORNEYS AT LAW,P.C. By: Craig H. Fox,Esquire Attorney I.D. #49509 425 Swede Street Suite 706, One Montgomery Plaza Norristown,PA 19401 (610)275-7990 SPRINGLEAF FINANCIAL SERVICES : COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. CUMBERLAND COUNTY, PA 601 NW Second Street Evansville, IN 47708 NO. /q uv v. STEVEN A. FINKEY and JOANNE K. FINKEY 31 Thompson Creek Drive Shippensburg,PA 17257 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the Plaintiff,judgment creditor, is as set forth in the caption above and the last known address of the Defendants, judgment debtors, are as set forth in the caption of this pleading. CRA/IG H. F Atto e r Plaintiff GA214100\214162\214162 T.JDG to CCP 141007.doc PENNSYLVANIA RULE OF CIVIL PROCEDURE 236 (REVISED) NOTICE SPRINGLEAF FINANCIAL SERVICES : COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. CUMBERLAND COUNTY,PA 601 NW Second Street Evansville,IN 47708 n- NO. I4 663 0 VaTffl' V. STEVEN A. FINKEY and JOANNE K. FINKEY 31 Thompson Creek Drive Shippensburg, PA 17257 Notice is given that a judgment on Court findings in the above-captioned matter has been entered against you on W' lo 2014. PROTHONOTARY If you have any questions concerning the above,please contact: CRAIG H. FOX, ESQUIRE FOX AND FOX ATTORNEYS AT LAW, P.C. Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 GA214100\214162\214162 T.JDG to CCP 141007.doc _ ILL l-C i-ICE N IA FOX AND FOX ATTORNEYS AT LAW,P.C. By: Craig H. Fox,Esquire 20 i'; 0 T 10 PH t 2 8 Attorney I.D. #49509 425 Swede Street GU RL. E %+`:D CSU"ITY .,;, ,, Suite 706, One Montgomery Plaza `' ' ' L 1A# "A Norristown,PA 19401 (610)275-7990 SPRINGLEAF FINANCIAL SERVICES : COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. CUMBERLAND COUNTY, PA 601 NW Second Street Evansville, IN 47708 ff-- NO. ISI V. STEVEN A. FINKEY and JOANNE K. FINKEY . 31 Thompson Creek Drive Shippensburg, PA 17257 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff in the above captioned matter. FOX AND FOX ATTORNEYS AT LAW, P.C. By: Laig . F �,or Plaintiff G:\214100\214162\214162 T.JDG to CCP 141007.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA- CIVIL DIVISION „ s� PRAECIPE FOR WRIT OF EXECUTION Springleaf Financial Services ❑ of Pennsylvania, Inc. Confessed Judgment ,„,�. •; ; Plaintiff ❑Other Steven A. FinkeyVand File No. 14-6030 Civil Term Joanne K. Finkey Amount Due $39313.68 Defendant Interest Address: 31 Thompson Creek Drive Atty's Comm Shippensburg, PA 17257 Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a 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 execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest C and costs,as above,directing attachment against the above-named garnishee(s)for the following property �nert,6r%e (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) U. any and all bank accounts maintained by Defendant with Bank. and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). ❑ (Indicate)Index this writ against the garnishee(s)as a lis pendens against real es to o e defendant(s)described in the attached exhibit. Date V 1 -It -z"'y Signature: Print Name: Craig H. Fox Esquire W Q Address: 706 One Montgomery Plaza /95 C Norristown, PA 19401 J OO�� a� Attorney for: Plaintiff Telephone: (610) 275-7990 W� Supreme Court ID No: 49509 Of CU _ THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 1756 (717)240-6195 www.ccpa.net SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA,INC. Vs. NO 14-6030 Civil Term STEVEN A.FINKEY CIVIL ACTION—LAW JOANNE K.FINKEY WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against STEVEN A. FINKEY AND JOANNE K. FINKEY,31 THOMPSON CREEK DRIVE,SHIPPENSBURG,PA 17257 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 CORNERSTONE FEDERAL CREDIT UNIONGARNISHEE(S), as garnishee, ANY AND ALL BANK ACCOUNTS MAINTAINED BY DEFENDANT WITH BANK. (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 l 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 $3,313.68 Plaintiff Paid Interest FROM 8/21/14 TO.BE ADDED Law Library $.50 Attorney's Comm: % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs Date: 12/18/14 David D.Buell,Prothonotary !/ (Seal) REQUESTING PARTY: Deputy Name: CRAIG H. FOX,ESQUIRE Address: 706 ONE MONTGOMERY PLAZA NORRISTOWN,PA 19401 Attorney for: PLAINTFF Telephone: 610-275-7990 Supreme Court ID No. 49509 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 %5j5 ,1T,, -2 F 1 3: ( ;`' 1BER? Ai D UOU F' PENHSYLVIANIA Springleaf Financial Services of Pennsylvania, Inc. vs. Steven A Finkey (et al.) Case Number 2014-6030 SHERIFF'S RETURN OF SERVICE 12/29/2014 09:33 AM - Jamie DiMartile, 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, Cornerstone Federal Credit Union, 320 N Hanover Street, Carlisle Boro, Carlisle, PA 17013, Cumberland County, by handing to Elaine Herrmann, Branch Manager, personally SIX copies of interrogatories together with SIX true and attested copies of the Writ of Execution (three per defendant) and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 30, 2014 to Joanne K. Finkey at 31 Thompson Creek Drive, Shippensburg, PA 17257 and to Steven A. Finkey at 31 Thompson Creek Drive, Shippensburg, PA 17257. IE DIMARTILE, DEPUTY SO ANSWERS, December 30, 2014 RONNY R ANDERSON, SHERIFF (c) C ountySuite Sheriff, Teieosoft