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HomeMy WebLinkAbout06-1322IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DISCOVER BANK Plaintiff VS BRENDA KAY YOHE Defendant(s) No. dL - ?.?a.a... CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT ?t•c? t,?,??-1i1 Please enter Judgment in favor of Plaintiff and against Defendant(s), BRENDA KAY YORE, for want of ANSWER TO COMPLAINT. (X) Amount due Less credits TOTAL $4,438.75 $ $4,438.75, plus interest and costs ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P.237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237. 1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: -- Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / A?Ldrew C- Spears-#87737 David R. Galloway #87326 onilyn M Chippie #875 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis # 18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW. 1.1 dliL1 _Z, 204?L, JUDGME IS ENIT-RED BOVE. Prothon ary/Clerk, Ci i"visio? Deputy W&A File No. 145298704 ,COMMONWEALTH OF PENNSYLVANIA r:nl INITv nG- CUMBERLAND Mag. Dist No.'. 09-3-01 MDJ Name'. Hon. HAROLD E. BENDER Addoas 35 N ORANGE ST SHIPPENSBURG, PA Telephone (717) 532-7676 17257-0361 ATTORNEY FOR PLAINTIFF : NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADI)R _5s 'DISCOVER BANK 4660 TRINDLE RD THIRD FLOOR LCANP HILL, PA 17011 J VS. DEFENDANT: NAME and ANDRE Ss 'YOHE, BRENDA KAY 802 RITNER HWY #1 SHIPPENSBURG, PA 17257 WOLPOFF & ABRAMSON, LIP L _ 4660 TRINDLE RD DocketNo.: CV-0000286-05 3RD FLOOR Date Filed: 11/22/05 CAMP HILL, PA 17011 4?rk THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT MIDGM PLTF ® Judgment was entered for: (Name) aTSQvstR Smw r ® Judgment was entered against: (Name)_ yogic xBxNnA KAy in the amount of $ 4,41a-7q. on: (Date of Judgment) l In -C; Defendants are jointly and severally liable. (Date & Time) El Damages will be assessed on: El This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 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 $ Certified Judgment Total $ 1 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /, ?w ?)SDate /'7Q-co-4/ s-/ ii- , Magisterial District Judge I certify that this is a true and correct copy of the r rd of the proceedings containing the judgment. ?L Date L Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL- AOPC 315-05 DATE PRINTED: 12/21/05 12:53:09 PM COMMONWEALTH OF PENNSYLVANIA C`.nI INITY OF- CUMBERLAND 09-3-01 MDJ Name'. Nan. HAROLD E. BENDER Address: 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (7171 532-7676 17257-0361 NOTICE OF JUDG?+MENT/TRANSCRIPT PLAINTIFF: CIVIL VASE NAMF and ADDRESS 5DISCOVER BANK 4660 TRINDLE RD THIRD FLOOR LCAMP HILL, PA 17011 _1 VS. DEFENDANT: NAME and ADDRESS rY-OHE, BRENDA KAY 7 802 RITNER HWY #1 SHIPPENSBURG, PA 17257 DISCOVER BANK L J 4660 TRINDLE RD Docket No.: CV-0000286-05 THIRD FLOOR Date Filed: 11/22/05 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIILT a'RD?TENT PLTF ® Judgment was entered for: (Name) DTaCQyER Bxxx ® Judgment was entered against: (Name) Yong, ngm mA HA4 in the amount of $ a, 438.75 on: (Date of Judgment) 12.121 -10r, Defendants are jointly and severally liable. (Date & Time) 11 Damages will be assessed on: El This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 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 $ ------------ Certified 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 /rTCLce ?? ?--- Magisterial District Judge I certify that this is a true and rrect copy of the rd of the proceedings containing the judgment. Date _ Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 12/21/05 12:53:09 PM /? ? ? ? ? ? ? _ -? - ,? ? ? _, ? ? ? ? ? ? ? ? .- .? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK No. d(o - 13aX,-- (2LULL' Plaintiff VS CIVIL ACTION - LAW BRENDA KAY YOHE Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: Discover Bank 3311 Mill Meadow Drive Hilliard OH 43026- and certify that the last known address of the within Defendant(s) is: Brenda Kay Yohe 802 Ritner Hwy #1 Shippensburg PA 17257 Date: 4AyDoyle 4#87062 /Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #8732 M. Chippie # 52 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. 4FM t 259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 145298704 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA // _7 DISCOVER BANK No. Olo- ??,?? ?lvcl ` Plaintiff VS CIVIL ACTION - LAW BRENDA KAY YOHE Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Brenda Kay Yohe, above-named, is over 21 years of age; is last known to reside at 802 Ritner Hwy Shippensburg, County of Cumberland, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. Date: -- A y . Doyle #87062 /Daniel F. Wolfson #20617 Philip C. Warholic #86341 ! Andrew C. Spears #87737 David R. Galloway #87326 ( Tonilyn M.. Chippie iO852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor ?-f),Nr pNVVEALTH OF PFNNSVrVANiA Camp Hill, PA 17011 ____.__?_, arla al Telephone: (717) 303-6700 ,a:?nnauor, Notary Public Counsel for Plaintiff -t fr'od?? Iv;n., :.;umberland county =m °iar? E,?p? res Nov. 17, 2009 L .. , ? ?'unia N ,[ion of I i !eri?s SWORN and SUBSCRIBED to before me this day of MC 2(LIE. Wit,1 Notary W & A File No. 145298704 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK No. U? - 13 3'?, elr,u(,?,? Plaintiff VS CIVIL ACTION - LAW BRENDA KAY YOHE Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: BRENDA KAY YOHE 802 RITNER HWY #I SHIPPENSBURG, PA 17257 You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on t?neJ^ ?}TUbL _ in accordance with the provisions of Pa. R.C.P. 236. ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( ) Judgment of ( ) Confession ( ) Verdict ( ) Default ( ) Non-suit ( ) Non-pros ( ) Arbitration Award (X) Judgment is in the amount of $4,438.75, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $4,319.75, attorney's fees in the amount of $0.00, interest in the amount of $0.00, plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wilt be suspended by the Pennsylvania Department of Transportation. By: Pr onotary....- If you have any questions regarding this Notice, please contact the tiling party. Date: 4y5? Am oyle #870621 Daniel F. Wolfson 420617 Philip C. Warholic #86341 / Andrew C_Spears. 7737 David R. Galloway #8732tQ T_onilyn M_Chippie #87 52 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection W&A File No. 145298704 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone. (717) 303-6700 R PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 DISCOVER BANK IN THE COURT OF COMMON PLEAS OF ISSUER OF THE DISCOVER CARD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. JUDGMENT NO. 06- l 322 BRENDA KAY YOHE PRAECIPE FOR WRIT OF EXECUTION Defendant(s) (MONEY JUDGMENT) To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $4,438.75. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,BRENDA KAY YOHE located at 802 RITNER HWY #1, SHIPPENSBURG, PA 17257, Defendant(s) (3) and against, ORRSTOWN BANK located at 22 S HANOVER ST, CARLISLE, PA 17013-3306,Garnishee(s); (4) and index this writ (a) against, BRENDA KAY YOHE , Defendant(s) and (b) against, ORRSTOWN BANK, 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) ***GARNISH ONLY*** You are directed to attach the property of the Defendant(s) not levied upon in the possession of ORRSTOWN BANK located at 22 S HANOVER ST, CARLISLE, PA 17013-3306, Garnishee(s). All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $4,438.75 Interest from 03/09/2006 To Be Determined At an interest rate of 6% per year Total $4,438.75 Plus costs & interest Date: - L-116 Amy FDo le # 062 / Daniel F. Wolfson #20617 i ;y?n arholic #86341 David R. Galloway #87326 Tom ippie # 7852 /Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 145298704 XXX-XX-4775 i ?LA Q L 8 ?O D ?'If Ut Qr -606 0 0 0 r b =ra . i 7 01 rree e` ,rt N..,> 0 -3 1 - D = ? p t , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1322 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Issuer of THE DISCOVER CARD, Plaintiff (s) From BRENDA KAY YOHE, 802 Ritner Hwy #1, Shippensburg, PA 17257 (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: ORRSTOWN BANK, 22 S. Hanover Street, Carlisle, PA 17013-3306 All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securites, coupons and safe deposit boxes. 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 $4,438.75 L.L. $.50 Interest from 3/09/06 at an interest rate of 6% per year - To Be Determined Atty's Comm % Atty Paid $46.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 1/28/08 (Seal) REQUESTING PARTY: Name PHILIP C. WARHOLIC, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 S Curti Long, Prothonotary By: Deputy Supreme Court ID No. 86341 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01322 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS YOHE BRENDA KAY And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:50 Hours, on the 4th day of February-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT YOHE BRENDA KAY hands, possession, or control of the within named Garnishee in the ORRSTOWN BANK 22 S HANOVER ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ANDREW OTT (BRANCH EXEC. OFFICER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: So answUs- Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? a/b 7/o p' 02/05/2008 Sworn and Subscribed to before me this day of By ?? Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff VS BRENDA KAY YOHE Defendant(s) No. 06-1322 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, Orrstown Bank, discontinued, upon payment of your costs only Respectfully Submitted, Date: / D f A aniel F. Wolfson #20617 Chili C. Warhol c #8634 avid R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 145298704 vp C z ? Q n -t 20 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Docketing 18.00 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Milage 4.80 Surcharge 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 Bad Check Postage Total 1 85.99 ? 1/ z 'il v Advance Costs: 150.00 Sheriff s Costs: 85.99 64.01 Refunded to Atty on 1/20/09 So Answer .a R. Thomas Kline, Sheriff By Claudia A. Brewbaker 0 w N r -r, Cr) --? r,_ Z 0 fi d 0€ Ndf 0001 ?AA183H5 3H1 JO 301AAO Ck 4 77 73 /la, , ;?d0a7U WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1322 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Issuer of THE DISCOVER CARD, Plaintiff (s) From BRENDA KAY YOHE, 802 Ritner Hwy #1, Shippensburg, PA 17257 (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: ORRSTOWN BANK, 22 S. Hanover Street, Carlisle, PA 17013-3306 All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securites, coupons and safe deposit boxes. 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 $4,438.75 L.L. $.50 Interest from 3/09/06 at an interest rate of 6% per year - To Be Determined Atty's Comm % Atty Paid $46.25 Plaintiff Paid Date: 1/28/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs /3/ dage? P. (tultis R. Long, Prothonotary By: Deputy Name PHILIP C. WARHOLIC, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-303-6700 Supreme Court ID No. 86341