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
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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
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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
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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
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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