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HomeMy WebLinkAbout06-3544IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. O(e ASSIGNEE OF SHERMAN AQUISITION Plaintiff VS CIVIL ACTION - LAW KENNETH L MASON Defendant(s) PRAECIPE FOR JUDGMENT C,o6L`" Please enter Judgment in favor of Plaintiff and against Defendant(s), KENNETH L MASON, for want of pursuant to the District Justice Transcript. (X) Amount due $5,365.51 Less credits $ TOTAL $5,365.51, 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, I 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: -(xl ril, Amy F. Doyle #87 MT/ Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 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 ?, 20*-, JUDGME IS ENTERED ABOVE. / Prothon /Clerk, Civ' . isi By: Deputy W&A File No. 149133669 r C_ ?'' 'S. -?? :: CT il`f -q?, c.-x ???=?° `,`, ?''? ,a ?-. i c?'Z ?-?L Pd COMNIONWEALTIi OF PENNSYLVANIA NOTICE OF JUDGMENT/TRAwS?CRIPT COUNTY OF. CVIBERIJUM CIVIL CASE Mag. Dist N.. I _ PLAINTIFF : NAME and ADDRESS 09-3-04 rLVNV FUNDING! AS(;N:S9ZRKAN AQIIISITI?O MDJNamg Hon 4660 TRINDLE RD, 3RD THOMAS A. PLACBY C/O WOLPOFF i ABRAM90N .ti Address: 104 S' SPORTING HILL RD LCAILP HILL, PA 17011 J M MECHANICSBURG, PA vs. ?h ,,.,I?yd"'4 y'f 4"':+' y" a "*aw+±:? ?, },t^ratp NawPgo x DEFENDANT. _ ' sag P , NAME antl ADDRESS" y 74 L T? «? (7I p 761-S?: 30 17050 ri?Ago r> L u - - ?' n Ywa.AtiUir rlfl'wtl?l? " .? kr. 1 }p.l; ',Ul LVNV FDNDING ASGN:BHERMAN AQUISITIO 4660, TRINDLE RD, 3RD Docket No.: C7-0000057-06 C/O WOLPOFF & ABRAMSOIi Date Filed: 1/27/06 CAMP HILL, PA 17011 T 1$ (?SQ NOTWY YPUTK4T: yr I , . 1l? Ju ment:,? tDLT .1 ( ? g o ?-1 a ® Judgment was entered for: (Name) i.vmv . rmQnTua ,ae:or?gme4+r>,w sQIIr ® Judgment was entered against: (Name) MAgn ttw Tm z w, , in the amount of $ 5, 365.51 on: (Date of Judgment) 0 Defendants are jointly and severally liable. (Date & Time) - © Damages will be assessed on:' 1 Amount of Judgment $ S4247.0 Judgment Costs $ 118.50 , .00 Interest on Judgm ent This case dismissed without prejudice. Attorney Fees $ -00 Total $ 5,365.5 Amount of Judgment Subject to f Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ ----- -- damages arising out of residential -- -- ---- - lease $ Certified Judgment Total $ ANY PARTY HAS>THE RIGHT TO ARPEAU ITHIN 30 DAYS A[ R THE ENTRY OF JUDGMENT BY FILING A NOTICE >. - - MUST INCLUDE A COPY OF THIS NO, CE OF JUDGMENT/TRANS- RIPT 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. "t M of Date ' Magisterial DistrictJud?e 1 certify that this is a true add correct copy of the record of the p Oceedings containjng the judgment: a x,. Date 6 * Magisterial Qistr MY commission expires first Monday of January, 2010 ,. SEAL ? 'y?133ir6C) AOPC 315-05 DATE. PRINTED: 3/23/06 . 9:3406 -Al[```"'"" -?-'` -' R •` ? w t..1 {r7 ? N yyt ji ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. ASSIGNEE OF SHERMAN AQUISTTION Plaintiff VS CIVIL ACTION - LAW KENNETH L MASON Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: Lvnv Funding, Llc 15 South Main Street Greenville SC 29601 and certify that the last known address of the within Defendant(s) is: Kenneth L Mason 19 Lurgan Ave Shippensburg PA 17257 Date: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 /A ndrew C. Speazs #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 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 W&A File No. 149133669 <? ?' ' :? c ? -n `-: ii ?-.' i° I i. FV -: i l-1 "1(??! N ", _._i CC79 `.D r,, -.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. 01. -.35?l?( ASSIGNEE OF SHERMAN AQUISITION Plaintiff VS CIVIL ACTION - LAW KENNETH L MASON 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, Kenneth L Mason, above-named, is over 21 years of age; is last known to reside at 19 Lurgan Ave 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: --6) I& a Imo" Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 COMMONWEALTH OF Kimberly L. Eisenhauer, Notary Public Hampden Twp.. Cumberland County .... n....,_i..lnn Expires Nov. 17, 2009 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 SWORN and SUBSCRIBED to before me this day of , 2001.p. Notary Public W & A File No. 149133669 i'+ ','.=7 CJ c-, ;? r:- ?_a _? ?_ stir .. __ -: ?'.r ?.,, .?'? r _ :, -_' '? r, I; <.; ; ?, _. ?,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. ASSIGNEE OF SHERMAN AQUISITION Plaintiff VS KENNETH L MASON Defendant(s) CIVIL ACTION - LAW NOTICE OF ORDER, DECREE OR JUDGMENT TO: KENNETH L MASON 19 LURGAN AVE SHIPPENSBURG, PA 17257 You are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on 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 $5,365.51, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $2,253.55, attorney's fees in the amount of $450.71, interest in the amount of $2,542.75, plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's licen?e will be cusp ded by the Pennsylvania Department of Transportation. By: P thonotary If you have any questions regarding this Notice, please contact the filing party. Date:I Q? \ ` Amy F. Doyle 7062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 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. 149133669 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff vs. KENNETH L MASON Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 06-3544 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $3,365.51. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,KENNETH L MASON located at 19 LURGAN AVE, SHIPPENSBURG, PA 17257, Defendant(s) (3) and against, MEMBERS IST FCU located at 1000 BRYN MAWR RD, CARLISLE, PA 17013, Garnishee(s); (4) and index this writ (a) against, KENNETH L MASON , Defendant(s) and (b) against, MEMBERS 1 ST FCU, 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 MEMBERS 1ST FCU located at 1000 BRYN MAWR RD, CARLISLE, PA 17013, 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 $5,365.51 Interest from 06/21/2006 To Be Determined At an interest rate of 6% per year Total $5,365.51 Plus costs & interest Date: i do rLk C `'1/ Amy F. Doyle #8742 /Daniel F. Wolfson #20617 i ip C. Warholic 4 / David R. Galloway #87326 om yn . 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. 149133669 XXX-XX-1302 ? O ski . 9L) R' cn Cr? O f1ti d r.? O SLs _ l.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3544 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FINDING, LLC, Assignee of SHERMAN ACQUISITION, Assignee of SEARS, Plaintiff (s) From KENNETH L. MASON, 19 Lurgan Ave., 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: MEMBERS 1sT FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013 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 $5,365.51 L.L. $.50 Interest from 6/21/06 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) Due Prothy $2.00 Other Costs uktis 4R. Long, Prothonota By: P, q t. I Deputy 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 Supreme Court ID No. 86341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC RECEIVED ASSIGNEE OF SHERMAN ACQUISITION FEB Q 4 2008 ASSIGNEE OF SEARS Plaintiff No. 06-3544 VS CIVIL ACTION - LAW KENNETH L MASON Defendant(s) drwy-? f6INTERROGATORIES TO GARNISHEE TO: MEMBERS 1 ST FCU 1000 BRYN MAWR RD CARLISLE, PA 17013 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. FEB 0 4 2008 INTERROGATORIES TO GARNISHEE DEFENDANT(S) - KENNETH L MASON 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) mai?ntjaiinfs anny? of these jointly with any other person, or persons, give their name and address. ,-,o, V' 1 [C J c f^ f J i's So 1 n r a 0 a C COU VIE KbIne4h, IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. 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. no 3. 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 the 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. M.60 4. TRANSFER OF PROPERTY: 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? n C?l 5. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. n c 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. n 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. n b 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). nc 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount oo?ff\ any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. nU Date: Amy F. Doyle #8 aniel F. Wolfson #20617 Ili C. Warholic #8634 /David R. Galloway #87326 onilyn 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 a m co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff VS KENNETH L MASON Defendant(s) No. 06-3544 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, MEMBERS 1 ST FCU, discontinued, upon payment of your costs only. Respectfully Submitted, Date: d19/0 R A F D- le #87062 J aniel F. Wolfson #20617 arholi #86Ai-V David R. Galloway #87326 one yn 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. 149133669 J ,??.'T ?.r r3.x l?f 00 -, .9 0 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-03544 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS MASON KENNETH L And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:10 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 , MASON KENNETH L in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FCU 1166 WALNUT BOTTOM RD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LISA WARNER (MEMBER SERVICE REP) , 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 Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 17 70 0 ? a/b/0 P ?., 02/05/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D LVNV Funding LLC Vs Kenneth L. Mason Writ of Execution Docket No. 2006-03544 Civil Term 10 T4R? C; R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. No action has been taken in the last six months. Sheriffs Costs Docketing $18.00 Surcharge $30.00 Levy $20.00 Mileage $ 4.80 Poundage $ 1.64 Prothonotary $ 2.50 Garnishee $ 9.00 Total $85.94 /7 )v o/o q So Answers: R. Thomas Kline, Sheriff BY Sergeant 0 G cw 7 3i?o t & a3?33-?