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HomeMy WebLinkAbout06-6830Burton 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 HARVEST CREDIT MANAGEMENT V. LLC, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. KENNETH L HESS1 Defendant : CIVIL ACTION - LAW Praecipe for Entry Judgement Pursuant to Pa. R.C.P.M.D.J. No 402 D(1) and (2) To the Prothonotary: Pursuant to the attached District Justice Judgment Transcript, enter judgment on behalf of the plaintiff, Harvest Credit Management V.LLC, and against the defendant, Kenneth L Hess, and assess damages as follows: Judgment Transcript Interest from December 14, 2005 Less Payments Judgment Amount $4,297.63 $ 197.84 $1,200.00 $3,295.47 Burton N/l & Associates, P.C. Neil, Esquire :y for the Plaintiff And now on this -'r?4 day of judgment is entered in favor of Harvest Credit Management V.LLC and against Kenneth L ess in the total sum of $3,295.47. Prothonotary ?U By Burton Neil & Associates, P.C. is a debt collector. f'1 ""' ? .. ? s::?? ?f,!, c7 ? ? ? f_> j ?_ . d,, ? ?? `` ? ... 1' ? A_?t ? ? ?-/` 1. ? ? t ? ? p / ? _?f'-?yy '1 t / ?.5? ?.^ '1 COMMONWEALTH OF PENNSYLVANIA rnl INTV nF• CUNIBZRIJUM Mag. Dist. No.: 09-3-02 MW Name: Hon. VIVIAN CONIC= Address: PO BOX 155 27 N BIG SPRING AVE NENVILLE, PA Telephone: (717 ) 776-3187 17241 ATTORNEY FOR PLAINTIFF s BURTON NEIL BURTON NEIL & A 1060 ANDREA DR SUITE 170 NEST CNESTER, PA 19380 THIS IS TO NOTIFY YOU THAT: Judgment: 0 Judgment was entered for: 1L??-ice NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rkARVEST CR N=T LLC, 1060 ANDREN DR APT/STE 170 C/O BURTON ]VEIL & ASSOC LNEST CNESTER, PA 19380 J VS. DEFENDANT: NAME and ADDRESS rNESS, MDUM iH L 33 XT ROCK RD NENVILLE, PA 17241 L J Docket No.: CV-0000172-05 Date Filed: 11/15/05 (Name) A>•RVESIr CR MGM T.T.C. ® Judgment was entered against: (Name) NRgg, 13CERIETA L in the amount of $ L, 207.6R on: ? Defendants are jointly and severally. liable. 1-1 Damages will be assessed on: F]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 $ (Date of Judgment) 11.11 a f e n (Date & Time) Amount of Judgment $ 4,179.13 Judgment Costs $ 118.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,297.63 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 OUR NOTICE OF APPEAL. 11 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. ;ertify that this is a true and correct copy of the ,, Date (c/?r, „?) My commission expires first Monday of January, 2012 . C , Magisterial District Judge of the proceedings containing the judgment. , Magisterial District Judge SEAL AOPC 315-05 DATE PRINTED: 2/02/06 9:10:44 AN 3 \ pJ i-a VI Z> -rj F N w y r'_^ Pn -fl j COM ONWEALTH OF PENNSYLVANIA CO OF; MM& 0kL Di Nraw B. SholsnbWWr A"-: 27 W. Big Springs Rd, Box 156 NewWlle, PA 17241 r«?•: 717-7784187 J - ?I CIVIL COMPLAINT PLAINTIFF: NNm Aa0less HARVEST CREDIT' MANAGEMENT V. LLC, do Burton Nell & As*oghftg, p.C. 1080 Andrew Drive, Sts. 170 LWaet Chester, PA 18380 V3. DEFENDANT: NAWrye A rKENNETH L HESS 33 Mount Rock Rd New Ne PA 172414412 F o.: CV- 7.1-Os' d: 1/1 17 coon _ AMOUNT DATE PAID coon M im = I I AIM AN. : Pa.R.C.P. J. No. 208 leis forth these coats faocverable by the pMl-Win 9 party. TO THE EFENDANT: The above named plaintiff(s) swo j ent Coale upon the foil" ng Claim (Chill !Ines must nci luddei cbrl U-179-13 Ugsthe r with violated): IttMtlon of the slstubs or ordinance For peat d is balance mourned on a craft owl, originally bsued Ito Delbrdant by Discover which debt PWMR later acWIrad, per tetnta and :4,179.13 Principal coniciftlong of account. &00 In6~ &00 Aftmeys Fees ?,QQ Credit I, :4,179.13 Balance correct to best of m verify that the taste . list forth In thia comp nt eta true and y lurowtadpa, Inforn soon and beNaf. Thb soda real is m Pena* Section of the Crimes Code (18 PA. C. S.; 4904) Wale d to lew"M taho Of a I of ftkW ar Asomftd Amt) Plcinti s ttoremp Buelon Nail T 61049"120 Addran: 1010 Andtow Drive, Suite 170 West Ch4WW, PA 19380 IF YOU I TO ENTER A DEFENSE TO THIS ?PY 1'HM OFFICE I 30 TELEPHON NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE.` UNLESS YOU Do JUDG MENT , Y BE ENTERED AGAMIST YOU BY DEFAULT. If have a deim apaknt the pfaintlff which Is within district 110slice turf icWn and which You must file it on a complaint form at !his oliloe at 1049 fhre (S) days before ON dab ast for the hearing the E 004, are disabled and require raaeor>" accommodaflorr to gain access to Masse corrlsCt the the Magisbrtaf DlsMct Court and ft on. MagiateNai ObtrfCt Corot at the above address or telephone number. We are urpble to transportati 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 HARVEST CREDIT MANAGEMENT V. LLC, : IN THE COURT OF COMMON PLEAS 600 17th Street, Ste 850 S., Denver, CO 80202 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH L HESS : NO. O` V36 ?? ?C(_ 33 Mount Rock Rd Newville PA 17241-9412 Defendant :CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military 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. B oi? eil & ssociates, P.C. X, f By. Burton Neil Esquire Attorney for' Plaintiff Burton Neil & Associates, P.C. is a debt collector. ? C: ' ° ° ?i ?: ?,` -' ? ?? ? ; s ?r, :?t_ t _ o ?rn . a -? ca r 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 HARVEST CREDIT MANAGEMENT V.LLC, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ?. t v LLlg/Ljn KENNETH L HESS Defendant : CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 9 U Prothonotary By If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 Burton Neil & Associates, P.C. is a debt collector. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 HARVEST CREDIT MANAGEMENT V. LLC, Plaintiff V. KENNETH L HESS Defendant(s) MEMBERS FIRST FCU Garnishee(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6830 : CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against KENNETH L HESS - 33 , Defendant(s) 3. and against MEMBERS FIRST FCU , Garnishee(s) 4. and index this writ (a) against (b) against Defendant(s) 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: 5. Amount Due Interest from 12/14/05 Credit Total *Plus writ costs Dated: September 11, 2007 $4,297.63 $318.35 $2,200.00 $2,415.98* Surf6Neil, Esquire Atto ev for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by ule 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. 1000 Bryn Mawr Road, Carlisle PA 17013-1588 .Z 97.13 -0-01 56441 A. o d ? t c n . 1 -V r?; tT, . t r•a rVI '0 y w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6830 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HARVEST CREDIT MANAGEMENT V. LLC, Plaintiff (s) From KENNETH L. HESS, 33 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9412 (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 MEMBERS FIRST FCU, 1000 BRYN MAWR ROAD, CARLISLE, PA 17013-1588 - SERVE INTERROGATORIES GARNISHEE(S) as follows: 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 $2097.63 L.L. $.50 Interest FROM 12/14/05 - $318.35 Atty's Comm % Due Prothy $2.00 Atty Paid $46.25 Other Costs Plaintiff Paid Date: SEPTEMBER 17, 2007 urtis R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name BURTON NEIL, ESQUIRE Address: 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-6964111 Supreme Court ID No. 11348 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06830 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HARVEST CREDIT MANAGEMENT V LL VS HESS KENNETH L And now VALARIE WEARY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:00 Hours, on the 19th day of September, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT TJL' Q Q uL'ATh V rT-T T. , in the hands, possession, or control of the within named Garnishee MEMBERS FIRST 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 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 ?'S Service .00 W-0 _P Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0000 09/20/2007 Sworn and Subscribed to ?l before me this day of By y/ Deputy S eriff A.D ? w 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 HARVEST CREDIT MANAGEMENT V.LLC, Plaintiff V. KENNETH L HESS 33 Mount Rock Rd, Newville PA 17241-9412 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6830 Defendant(s) MEMBERS FIRST FCU : CIVIL ACTION - LAW Garnishee(s) 'fd A,?rws?s Interrogatories to Garnishee To: MEMBERS FIRST FCU 1000 Bryn Mawr Road. Carlisle PA 17013-1588 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? N( 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? 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? 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? ' W 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? \"v 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? t-? 0 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? I "V 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. ?b 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. sal ? - q5u ,5r1 Burton Neil & Associates, P.C. By: eil, The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. -ate- rn Am ?r N t- Y r_ ;Z C, ?-o o c) C7 N c-n y z- 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 HARVEST CREDIT MANAGEMENT V. LLC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH L HESS Defendant and MEMBERS FIRST FCU Garnishee : NO. 06-6830 CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against MEMBERS FIRST FCU, garnishee. Burton Neil ssociates, P.C. The law firm of Burton Neil & Associates is a debt collector. By: BurtNeil, Esquire Atto ey for Plaintiff 56441 -40 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 HARVEST CREDIT MANAGEMENT V.LLC Plaintiff V. KENNETH L HESS Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6830 : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied on payment of your Burton eil iates, P.C. By: Burt Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 56441 CIO 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 Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL x? r!_ Advance Costs: 150.00 Sheriff's Costs 85.99 18.00 64.01 1.69 .50 2.00 Refunded to Atty on 04/02/08 4.80 30.00 20.00 %00 85.99 41A I1 9 , So Answers, R. Thomas Kline, Sheriff a By ? - &:?' 17