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Home My WebLink About06-6960IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. Plaintiff VS CIVIL ACTION - LAW DERRICK R MILLER Defendant(s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), DERRICK R MILLER, for want of pursuant to the District Justice Transcript. (X) Amount due $7,541.77 Less credits $ TOTAL $7,541.77, 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. ( ) 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: V26 Amy F. boyie- 7fl621 iel F. Wolfson #20617 Philip C. War olic #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, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW,IF-C 20QL , JUD(• IS NTERE S ABOVE. Prothon /Clerk, C' Divis' n i By: Deputy W&A File No. 1,62757462 t7 "'C= c F cn COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BREi1BJJ= Address: 1 COURTHOUSE SQ E WING CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY FOR PLAINTIFF : PHILIP C. WARHOLIC VOLPOFF & ABRAM 4660 TRINDLE RD THIRD FL CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT _ CIVIL CASE PLAINTIFF: rLVNV FUNDING, LLC NAME and ADDRESS 4660 TRINDLERD., 3RD FLR CAMP HILL, PA 17011 L vs. NAME and ADDRESS rMILLER, DERRICK R -I 550 N. PENN STREET CARLISLE, PA 17013 L J Docket No.: CV-0000184-06 Date Filed: 8/09/06 (Date of Judgment) 91111D6- - -_ ® Judgment was entered for: (Name) LVNV FUNDING, LLC Judgment was entered against: (Name) MILLER, DERRICK R in the amount of $ 71541.7 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Q 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 $ 6,549.78 Judgment Costs $ 123 0 Interest on Judgment $ Attorney Fees $---" a . 99 Total $ 7,541.77 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 UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE IN EST?E? J DGMENTTRIC F L DGE . A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDG THE JUDGMENT DEBTOR P Y 1 LL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ?t Date ' '- Magisterialbistrict,J,u I certify that this is a true rrect copy of the record of the proceedings containing thrr1judgrrient' , It If InIC-1 Date - ?' , Magisterial' Distl.Judg My commission expires first Monday of January, 2012 SEAS:' AOPC 315-06 nAT OUT 1MP. Q 11 1 / A G 11 0 11 11110 Alf C C,3 ?rn - ? GT7 NOV 1 0 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. OL. wQ,e) et U Plaintiff VS CIVIL ACTION - LAW DERRICK R MILLER Defendant(s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address 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: Derrick R Miller 550 W Penn St Carlisle PA 17013 Date: r? lQ Amy F. Do el F. Wolfson #20617 ,Philip C. arhoiic #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, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 162757462 o C7) c F "? .. . 1 V .Yi _'.- ri't C-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC 1_7? No. ( eQ(o6 l:lot, L Plaintiff VS CIVIL ACTION - LAW DERRICK R MILLER 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, Derrick R Miller, above-named, is over 21 years of age; is last known to reside at 550 W Penn St Carlisle, 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 Amendment. Date: '2 a -_Cmy F, Do " iel F. Wolfson #20617 -irp C. arholic P6341 / 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, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this day of LaUtAJ)4X-, 20Lh. ANIA Pu 11 ACTH OF PENNSYLV N Notarkd Seel Cmhrey M. Fenbm, Notary Publlo W & A File No. 1,62757462 Hampden Twp., CumbwleW Cw* Member, Permeylvanla Association of Notaries cc i t -ra 15 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. -- logld ?t u i.?? Plaintiff VS DERRICK R MILLER Defendant(s) TO: DERRICK R MILLER 550 W PENN ST CARLISLE, PA 17013 CIVIL ACTION - LAW NOTICE OF ORDER, DECREE OR JUDGMENT XQu are hereby notified that the following ORDER, DECREE or JUDGMENT has been entered against you on ?' 'yam 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 $7,541.77, plus costs. (X) District Justice transcript of judgment in civil action in the amount of $4,344.94, attorney's fees in the amount of $868.99, interest in the amount of $2,204.84, plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspen by the Pennsylvania Department of Transportation. By: Pr thonotary If you have any questions regarding this otice, please contact the filing party. Date: Arfi Y F. D Daniel F. Wolfson #20617 Philip C. arholic #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, Suite 3,00 W&A File No. 162757462 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff n PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF PROVIDIAN FINANCIAL CORP Plaintiff vs. DERRICK R MILLER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 06-6960 CIVIL TERM 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 $7,541.77. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,DERRICK R MILLER located at 550 W PENN ST, CARLISLE, PA 17013, Defendant(s) (3) and against, CITIZENS BANK located at 665 N EAST ST, CARLISLE, PA 17013-2004, Garnishee(s); (4) and index this writ (a) against, DERRICK R MILLER , Defendant(s) and (b) against, CITIZENS 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 CITIZENS BANK located at 665 N EAST ST, CARLISLE, PA 17013-2004, 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 $7,541.77 Interest from 12/04/2006 To Be Determined At an interest rate of 6% per year Total $7,541.77 Plus costs & interest Date: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 hippie #878 Sarah E. Ehasz #86469 hippie 01259 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. 162757462 XXX-XX-4138 0 O p v O can D t Cq 0 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6960 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, assignee of SHERMAN ACQUISITION, assignee of PROVIDIAN FINANCIAL CORP., Plaintiff (s) From DERRICK R MILLER, 550 W. Penn Street, Carlisle, PA 17013 (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: CITIZENS BANK, 665 North East Street, Carlisle, PA 17013-2004 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 $7,541.77 L.L. $.50 Interest from 12/04/06 at an interest rate of 6% per year - to be determined Atty's Comm % Atty Paid $46.25 Plaintiff Paid Date: 2/26/08 (Seal) Due Prothy $2.00 Other Costs Curtis' R. Long, Pjplh no ary By: Deputy REQUESTING PARTY: Name TONILYN M. CHIPPIE, 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. 87852 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06960 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS MILLER DERRICK R And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:00 Hours, on the 28th day of February-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MILLER DERRICK R in the hands, possession, or control of the within named Garnishee CITIZENS BANK 665 NORTH EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ALICIA PATTI (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 Service .00 f Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? ?/o Y/o 9_ 02/29/2008 Sworn and Subscribed to before me this day of By Deputy S riff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION LVNV FUNDING,LLC Plaintiff(s), vs. 06-6960 DERRICK R MILLER Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF 'GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1 to _9__) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to interrogatories: The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant, Derrick R Miller. Therefore, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Teria Pitts who being duly sworn according to the law deposes and says that she is an operations clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. f Teria Pitts Sworn and subscribed before me this 00 - day of 1 41 el -12008. COMMONWEALTH OF PENNSYLVANIA %1otarial seal Bruce u. Mounijoy, Notary Pubfic city of Plttsburgn Allegheny County * Comm1sSiori Exp res may 15, 2010 Member, P?Anay?wpnia A4agei[lNtrn e? fdetaries Certificate of Service I, Teria Pitts, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage 6'kh prepaid, this 2, day of PAN CI kll\ , 2008. WOLPOFF & ABRAMSON 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 DERRICK R MILLER Teria Pitts r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION LVNV FUNDING,LLC, Plaintiff(s), VS. DERRICK R MILLER, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. 06-6960 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 2600 One Commerce Square Philadelphia, PA 19103 - 7098 (215)-564-8142 -rt ri l 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. 06-6960 civil term ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF PROVIDIAN FINANCIAL CORP Plaintiff VS DERRICK R MILLER Defendant(s) CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, CITIZENS BANK, discontinued, upon payment of your costs only. RespectfiAly Submitted, Date: , ql/?fh P ?fzlk Amy F. Doyle-47b610-1 o is David R. Galloway #$ om ppie 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. 162757462 cm co fIA:.. 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 Milage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee Advance Costs: 150.00 ?i 85.99 18.00 64.01 1.69 Refunded on 11/07/08 .50 2.00 4.80 30.00 20.00 9.00 85.99 Y? Ir/a y10 8 I S :01 V L Z 83.E 8001 dd '1?1NiiU'E; JJ183HS 3H1 JI0 3JIjj0 C 445. y?S 2r1 So Answers, R. Thomas KlinZSheriffff By CN r a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6960 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, assignee of SHERMAN ACQUISITION, assignee of PROVIDIAN FINANCIAL CORP., Plaintiff (s) From DERRICK R MILLER, 550 W. Penn Street, Carlisle, PA 17013 (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: CITIZENS BANK, 665 North East Street, Carlisle, PA 17013-2004 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 $7,541.77 L.L. $.50 Interest from 12/04/06 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: 2/26/08 (Seal) Curtis . Long, Pro ry By: Deputy REQUESTING PARTY: Name TONILYN M. CHIPPIE, 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. 87852