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
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By
Burton Neil & Associates, P.C. is a debt collector.
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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
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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
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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,
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By.
Burton Neil Esquire
Attorney for' Plaintiff
Burton Neil & Associates, P.C. is a debt collector.
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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
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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
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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?
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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?
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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?
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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?
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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?
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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.
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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.
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Burton Neil & Associates, P.C.
By:
eil,
The firm of Burton Neil & Associates, P.C. is attempting to collect a debt.
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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
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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
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