HomeMy WebLinkAbout05-4633COMMONWEALTH OF PENNSYLVANIA O$
COUNTY OF: CUMBERLAND
Mag. Dist. No..
09-3-05
MDJ Name: Hon.
CAYLE A. ELDER
Address. 507 N YORK ST
NECHANICSBURG, PA
Te1ephone: (717) 766-4575 17055
PORTFOLIO RECOVERY ASSOCIATES, LLC
1060 JINDREW DR APT/STE 170
C/O BURTON NEIL & ASSOC
WEST CHESTER, PA 19380
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for:
® Judgment was entered against:
NOTICE O JUDG EkN - /TRANSCRIPT
PLAINTIFF: CIVIL CASE
rPORTFOLIO NAMEand ADDRESS
RECOVERY ASSOCIATES, LLC7
1060 ANDREW DR APT/STS 170
C/O BURTON NEIL de ASSOC
LNEST CHESTER, PA 19380
VS.
i
DEFENDANT:
I ALKO, JOSEPH NAME and ADDRESS
21 1N OREM ST ?
MECHANICSBURG, PA 17055-6253
L
J
Docket No.: CV-0000172-05
Date Filed: 5/03/05
(Name)
(Name)
in the amount of $
2 fil ri 72- on:
Defendants are jointly and severally liable.
El Damages will be assessed on:
0 This case dismissed without prejudice.
Amount of Judgment Subject to
?AttachmenU42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs $
certnled Judgment Total $
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 THE 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
JUDGEMENT 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
is airue and correct cope of
My commission expires first Monday of January, 2006
, Magisterial District Judge
Z!Lrocedings containing the judgment.
/ Magisterial District Judge
AOPC 315-05 DATE PRINTED:
5/27/05 11:24:30 AM
(Date of Judgment) IS
%/271(1-l;
(Date & Time)
SEAL
? r'' ?J
?
„ CJ
1
?
;
? ?
?? f I
W - ? .
,
??
l ? ?)
`
17
W W ?V ('4 :
n /
r_ ? /T
,
/
?L
'S
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF. Cumberland
ay 0ht No.;
09-3-05
of Na : Hon.
Gayle Elder
Adsm,•: 507 N. York St., Barclay Bldg
Mechanicsburg, PA 17055
T-*P a-: 7171766-4575
CIVIL COMPLAINT
PLAINTIFF:
r NAaenoaooeees
Portfolio Recovery Assoclatee, LLC
do Burton Nell & Associates, P,C.
1060 Andrew Drive, Ste. 170
LWest Chester, PA 19380
VS.
DEFENDANT: NAME -W AWFIEW
QOSEPH HALKO
21 W. Green Street
Mechanicsburg PA 17055-6253
S!5 C/ Za
Docket No.; CV-152-05
Data Filed: 5/3/05
! t
FILING COSTS AMOUNT
POSTAGE 77.00
It
O ?U
SERVING COSTS a
CONSTABLE ED. s
TOH: ?
DATE PAID
51 31os
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) Sake Judgment against you for $2,533.22 together with
costa upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
For
DefedaPast
nt due balance Incurred on a credit card, originall by MBNA America Bank which debt Plan tiff later acq ired, 52,111.02 Principal
plus attorneys fees per terms and conditions of account 5.00 Interest
$422.20 Attorneys Fees
Credit
I, Burton Neil. Esquire Attomw of I wor 2,533.22 Balance
correct to the beat my knowledge, fni verify that the facts set forth In ?18de o Int acre trus and
Section 4904 of the Crimes Code (11e8 PA. C. S. 6 4904) related to unswom IIon to or ldA6th de?naklea of
18
a.
(S?PaMMQfPtMIOtl1Y or AUth9Awd AMt)
Plaintiffs Attorney: Burton Nell
Telephone: 610,6118-2120 Address: 1080 Andrew Drive, gaits 170
West Chester, PA 19380
Mac
TELEPHONE NUMBER. YOU MUST A
"J 'MIS COMPLAINT. NOTIFY THIS OFFICE T-HE ?ABOVE
PPEAR AT THE HEARING AND PRESENT YOUR DEFENSE.LUNT LESS YOU D0,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. ainst
YOU hearing, You must file it on ahcomplai?M fowhich Is within district rm at this office at least f vel (5) die cl before th date 'set fend the to asset at the
If you are disabled and "fro 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 30aA-oa
BURTON NEIL & ASSOCIATES, P.C.
BY: Burton Neil, Esquire
Identification No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, VA 23502
VS.
Plaintiff
JOSEPH HALKO
21 W. Green Street
Mechanicsburg PA 17055-6253
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Certification of Address and
Affidavit of Non-Milita
Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904
relating to unsworn 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/IL & ASSOCIATES, P.C.
Burton il, Esquire
Attorney or Plaintiff
In making this communication we advise that our firm is a debt collector.
r:n O
c.n ?fl
S
'
j 1
l
; T
l'7 i`f 1
CJ
G _J
.ti
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
Pa.R.C.P. § 3103 to 3149
PORTFOLIO RECOVERY ASSOCIATES,LLC IN THE COURT OF COMMON PLEAS
140 Corporate Boulevard, Norfolk, VA 23502
Plaintiff
V. CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH HALKO
21 W. Green Street, Mechanicsburg PA
17055-6253 NO. 05-4633
Defendant(s)
MEMBERS FIRST FCU
1000 Bryn Mawr Road, Carlisle PA 17013-1588 : CIVIL ACTION - LAW
Garnishee(s)
To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER
1. Directed to the Sheriff of Cumberland County, Pennsylvania
2. against JOSEPH HALKO , Defendant(s)
3. and against MEMBERS FIRST FCU , 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: 1000 Bryn Mawr Road, Carlisle PA 17013-1588
5. Amount Due $2,616.72
Interest from 5/27/05 $398.76
Total $3,015.48*
*Plus writ costs
Dated: December 4, 2007
Burton 1'rei Esquire
Attorney fo Plaintiff
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.
59420
?o
D ..±
b CD -
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4633 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PROTFOLIO RECOVERY ASSOCIATES, LLC,
Plaintiff (s)
From JOSEPH HALKO, 21 W. Green Street, Mechanicsburg, PA 17055-6253
(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
GARNISHEE(S) as follows:
MEMBERS FIRST FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013-1588
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 $2,616.72
Interest from 5/27/05 -- $398.76
Atty's Comm %
Atty Paid $46.25
Plaintiff Paid
Date: 12/10/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
C is Long, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name BURTON NEIL, ESQUIRE
Address: BURTON NEIL & ASSOCIATES, P.C.
1060 ANDREW DRIVE, SUTIE 170
WEST CHESTER, PA 19380
Attorney for: PLAINTIFF
Telephone: 610-696-2120
Supreme Court ID No. 11348
Burton Neil & Associates, P.C.
By: Burton Neil, Esquire ID. NO. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff
V.
JOSEPH HALKO
21 W. Green Street, Mechanicsburg PA 17055-6253
Defendant(s)
MEMBERS FIRST FCU
Garnishee
To: MEMBERS FIRST FCU
RE?E?VED
2007
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4633
: CIVIL ACTION -LAW
1000 Bryn Mawr Road, Carlisle PA 17013-1588
hi?,wu-v,t..t' -4C)
Interrogatories to Garnishee
You are required to file answers to the following interrogatories withing twenty (20) days
after service upon you. Failure to do so may result in judgment against you:
1. At the time you were served or at any subsequent time did you owe the defendant any
money or were you liable to the defendant or any negotiable or other written instrument, or did the
defendant claim that you owed the defendant any money or were liable to the defendant for any
reason? no
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 owed solely or in part by the defendant?
Kt()
3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money,
the amount?
no
4. 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 or in which defendant held or
claimed any interest?
n D
RECEIVED
DEC ,} 3 2001
5. At the time you were served or at any subsequent time did you hold as fiduciary any
property in which defendant had an interest?
nD
6. At any time before or after you were served did the defendant transfer or deliver any
property to you or any person or place pursuant to your direction or consent and if so what was the
consideration therefor?
no
7. At any time after you were served did you pay, transfer or deliver any money or property
to the defendant or to any person or place pursuant to the defendant's direction or otherwise
discharge any claim of the defendant against you?
nD
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 funds are 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 and state the reason for the exemption, the amount being withheld under each exemption
and the entity electronically depositing those funds on a recurring basis.
nD
9. 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 funds on 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.
n ()
Burton Neil-&A7ssociates, P.C.
By:
The firm of Burton Neil & Associates, P.C. is attempting to collect a
Ay?
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-04633 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PORTFOLIO RECOVERY ASSOCIATES
VS
HALKO JOSEPH
And now MARK CONKLIN
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:30 Hours, on the 13th day of December-, 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
HALKO JOSEPH
hands, possession, or control of the within named Garnishee
MEMBERS 1ST FCU 1166 WALNUT BOTTOM ROAD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
BETH WAGNER (ASST. BRANCH MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
in the
true
and made
So ans s ??=~P
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
?????1b7 .-
00 V,
12/17/2007
day of By I ?,X/
eputy She iff
A.D
Burton Neil & Associates, P.C.
By: Burton Neil, Esquire ID. NO. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
Portfolio Recovery Associates, LLC
Plaintiff
V.
JOSEPH HALKO
Defendant
and
MEMBERS FIRST FCU
Garnishee
To the Prothonotary:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4633
: CIVIL ACTION - LAW
Praecipe to Dissolve Attachment
Dissolve the attachment against MEMBERS FIRST FCU, garnishee.
Burto ociates, P.C.
Burton Neil, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
59420
cw rw'.
-
s+?
t
C.f7
ir3
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
Docketing 18
00 Sheriff's Costs: 85.99
Poundage .
1.69 64.01
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 01/03/08
Mileage 4.80
Surcharge 30.00
Levy 20.00
Certified Mail
Post Pone Sale
Garnishee 9.00
Postage
4
TOTAL $ 85.99 ?/109 D
so Answers;
R. Thomas Kline, Sheriff
By Claudia A. Brewbaker
4 ,V
?n
1
141,
4rN
W
Cale. ? l ? `? ?
jt?,,?..70.2 9s'G
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4633 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PROTFOLIO RECOVERY ASSOCIATES, LLC,
Plaintiff (s)
From JOSEPH HALKO, 21 W. Green Street, Mechanicsburg, PA 17055-6253
(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
GARNISHEE(S) as follows:
MEMBERS FIRST FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013-1588
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 $2,616.72
L.L. $.50
Interest from 5/27/05 -- $398.76
Atty's Comm %
Atty Paid $46.25
Plaintiff Paid
Date: 12/10/07
(Seal)
Due Prothy $2.00
Other Costs
' L4,tl k ,
irti R. Long, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name BURTON NEIL, ESQUIRE
Address: BURTON NEIL & ASSOCIATES, P.C.
1060 ANDREW DRIVE, SUTIE 170
WEST CHESTER, PA 19380
Attorney for: PLAINTIFF
Telephone: 610-696-2120
Supreme Court ID No. 11348