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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