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Home My WebLink About07-1020GREGG L. Moms, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, V. Plaintiff, CAREL A NICKEY A/K/A PERRY CARRIE, Defendant(s). NO. a'7 l deZ,b Q-7i?? Cu ti L COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, NO. V. CAREL A NICKEY A/K/A PERRY CARRIE, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) Plaintiff ) V. ) CAREL A NICKEY A/K/A PERRY CARRIE, ) Defendant. ) NO. 617 - /0 oZ 0 C,Gt ./ -7Z- COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, CAPITAL ONE BANK, is a corporation and for the purpose of this litigation, maintaining a place of business c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant is CAREL A NICKEY A/K/A PERRY CARRIE, an adult individual, believed to currently reside at 5008 GREENWOOD CIR, ENOLA, PA 170251289. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 4305721880088898 for the purchase of goods and services. 4. The Defendant(s) made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the said sum of $13,031.69, plus interest and costs. An Affidavit of a representative of CAPITAL ONE BANK is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $13,031.69, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: Carnegie, PA 15106 (412) 429-7675 r., 1151-1,16 (9d pil STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before me MAISHA DAVIS, who being duly sworn, made oath that he/she is an authorized agent of CAPITAL ONE BANK, and that he/she is authorized to make this affidavit, and to the best of his/her knowledge and belief, NICKEY, CAREL A is/are justly indebted to CAPITAL ONE BANK in the sum of $13469.96 Dollars as of 09/27/2006 with 9.90% interest from said date, and reasonable attorney fees, and that the annexed account which is made part hereof is a true and correct statement of said indebtedness. To the best of my knowledge, none of the above named defendant(s) is/are active duty in the military service of the United States or any of its allies as defined in the Soldiers and Sailor's Relief Act of 1940 with amendments. Given under my hand this 19th day of October, 2006. Affiant Taken, subscribed and sworn to before me, Henderson W. McKenzie II Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 19th day of October, 2006. tary Public Henderson W. McKenzie II My commission expires on puhlir Gwinnott co mil, is Sion Frires August 2, 2010 A144 PATENAUDE & FELIX, A.P.C 4305721880088898 I VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided by him by the Plaintiff. The verification of the party will be provided if requested. Date: i3 r. iviam bireei Carnegie, PA 15106 (412) 429-7675 r1l ^ "77 ": rJ ...? 0 ODD GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff, NO. 07-1020 V. CAREL A NICKEY A/K/A PERRY CARRIE, Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: CAPITAL ONE BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO. 07-1020 V. CAREL A NICKEY A/K/A PERRY CARRIE, Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $13,031.69 Interest from May 26, 2006 $1,131.08 Attorney's fees $0.00 TOTAL $14,162.77 With continuing interest on the principal amount of $14,162.77, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. A.P.C. Pk-efiaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 UIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) Plaintiff NO. 07-1020 } V. ) CAREL A NICKEY A/K/A PERRY ) CARRIE, ) Defendant(s) ) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), CAREL A NICKEY A/KJA PERRY CARRIE, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237. 1, as evidenced by the attached copy. Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me this __L?__day of 20 _I , i Notary Public > NOTARIAL SEAL RIN N BALTZELL otary Public OUGH. ALLEGHENY COUNTY sion Expires Jul21, 2010 213 E. Main Street GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff, ) NO. 07-1020 V. ) CAREL A NICKEY A/K/A PERRY ) CARRIE, ) Defendant(s). ) IMPORTANT NOTICE Filed on behalf of: CAPITAL ONE BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO. 07-1020 V. CAREL A NICKEY A/K/A PERRY CARRIE, Defendant(s) To: CAREL A NICKEY A/K/A PERRY CARRIE 5008 GREENWOOD CIR ENOLA, PA 170251289 Date of Notice: March 29, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 elix, A.P.C. By: Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 I, GREGG L. MORRIS, attorney for Plaintiff, CAPITAL ONE BANK, hereby certify that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: CAREL A NICKEY A/K/A PERRY CARRIE 5008 GREENWOOD CIR ENOLA, PA 170251289 / Date: March 29, 2007 &Terix, A.P.C. for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 l Gry-?j AV- O GREGG L. Moms, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff, ) NO. 07-1020 V. ) CAREL A NICKEY A/K/A PERRY ) CARRIE, ) Defendant(s). ) NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: CAPITAL ONE BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO. 07-1020 V. CAREL A NICKEY A/K/A PERRY CARRIE, Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant You are hereby n tip fied that the following Order, Decree, or Judgment has been entered against you on fill - 3 ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X ) Judgment of ( ) Confession ( ) Verdict ( ) Court Order ( X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award ( X) Judgment in the amount of $14,162.77, plus cost. ( ) District Justice Transcript of Judgment in the amount of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license wil be suspended by the Department of Transportation. Prothonotary By 0-iz - 2%. - t z" L_ If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 CASE NO: 2007-01020 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS NICKEY CAREL A ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TTTr'rVV-,7 t" ADVT. A AVA DPPPV rARRTW the DEFENDANT , at 1940:00 HOURS, on the 8th day of March 2007 at 5008 GREENWOOD CIRCLE ENOLA, PA 17025 by handing to TODD PERRY, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 31 z4 )b? 39. 52 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 03/09/2007 PATENAUDE & FELIX By. Deputy heriff A. D. l h' • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-1020 V. CAREL A NICKEY Defendant(s) SUSQUEHANNA BANK Garnishee PRAECIPE FOR WRIT OF EXECUTION Filed on behalf of: CAPITAL ONE BANK Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA- 134 Prep Writ of Exe P&F File No. 754.16190 1 e- - w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAPITAL ONE BANK CAREL A NICKEY SUSQUEHANNA BANK To The Prothonotary: Plaintiff Defendant(s) Garnishee Issue writ of execution in the above matter, NO. 07-1020 (1) directed to the Sheriff of Cumberland County; (2) against, CAREL A NICKEY Defendant(s); SMS Gh nu-)0od Ci rde, &-fa., PA I qoa h (3) against, SUSQUEHANNA BANK, Garnishee; INN Walnvt B f Orm 0-d, Courksle PA l7or5 (4) and index this writ (a) against, Defendant(s) CAREL A NICKEY, Defendant(s); and (b) against SUSQUEHANNA BANK, Garnishee; as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows: (5) Amount due Interest from April 13, 2007 At 5.00 % per annum (Costs to be added) PA_l 34 Prep Writ of Exe P&F File No. 754.16190 ?.r C 1 - Jr PA ATV 5a 3R ?'F , . 5o << oo u a.So 13to ost #a.Cc, b r, Cn .5o U- Cy.0 4ANA oi aa57o 9 /.", % R U?,q E,,\twxa WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1020 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From CAREL A. NICKEY, 5008 Green wood Circle, Enola, PA 17025 (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: SUSQUEHANNA BANK, 1196 Walnut Bottom Road, Carlisle, PA 17015 As a lis pendens against real property of defendant in the name of the garnishee 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 $14,162.77 Interest from 4/13/07 at 5.00% per annum Atty's Comm % Atty Paid $136.02 Plaintiff Paid Date: 5/27/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs to be added s R. Lon h, P of By: Deputy REQUESTING PARTY: Name GREGG L. MORRIS, ESQUIRE Address: PATENAUDE & FELIX, APC 213 E. MAIN STREET CARNEGIE, PA 15106 Attorney for: PLAINTIFF Telephone: 412429-7675 Supreme Court ID No. 69006 Sheriffs Office of Cumberland County R Thomas Kline "Ocp st cumbrr Edward L Schorpp Sheri is ? L. Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFPCE Or '4 SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/01/2009 02:55 PM - Ronald E. Hoover, Deputy Sheriff, who being duly swom according to law, states that on June 1, 2009 at 1455 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carel A. Nickey, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Frank Koser II, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on 06-02-09 to Carel Nickey at 5008 Greenwooc Circle, Enola, PA 17025. 2007-1020 So Answers, Capital One Bank 001, vs Carel A Nickey R. omas Kline, eriff By 1?7? Deputy Sheriff n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff ) NO. 07-1020 V. ) CAREL A NICKEY ) Defendant(s) ) SUSQUEHANNA BANK ) Garnishee ) OFFICES OF PATENAUDE & FELIX You are hereby notified to BY: GREGG MORRIS, ESQUIRE plead to the enclosed 213 East Main St Interrogatories within 20 Carnegie PA 15106 days from the date of 858-244-7675 hereof or a default judgment may be entered against you. /IJ I" Gregg Morris, Esquire Attorney for Plaintiff INTERROGATORIES IN ATTACHMENT EXECUTION You are required to answer the following interrogatories about Defendant(s) whose address is 5008 GREENWOOD CIR, ENOLA PA 17025-1289. You must file with the Court answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the following interrogatories is affirmative, specify the amount, value and/or nature of the subject property. PA_139 Interogs Attch Exe P&F File No. 754.16190 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed them any money or were you liable to them for any reason? If yes, please specify as set forth herein. NO. 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control, or in joint possession, custody or control of yourself or others, any property of any nature owned solely or in party by the Defendant(s)? If yes, please list and describe the property. No. 3. At the time you were served, or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the Defendant(s)? If yes please list and describe the property. No. 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) had an interest? If yes, please list and describe the property. No. PA-139 Interogs Atteh Face P&F File No. 754.16190 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you, or to any person, or place pursuant to your directions or consent? If yes, what was the consideration therefore? No. 6. At any time after you were served, did you pay, transfer, or deliver any money or property to the Defendant(s) or to any person or place pursuant to their direction, or otherwise discharge any claim of the Defendant(s) against you. Na 7. 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 electroncially 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. PA_139 Interogs Atteh Exe P&F File No. 754.16190 41 . 8. If you are a bank or other financial insitution, 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, indentify each account.. No. Respectfully submitted: Patenaude & Felix, A.P.C. Date: May 19, 2009 Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_139 Interogs Attch Exe P&F File No. 754.16190 VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: June 2, 2009 .? Catherine M. Bush, Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 F ,j r 2099 JUN -3 AX 10 2 ,4 . "3ibs" ILVi", 4 of " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff V. CAREL A NICKEY Defendants(s) SUSQUEHANNA BANK Garnishee NO. 07-1020 PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY Filed on behalf of. CAPITAL ONE BANK Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_193 Prep Disc with Pddc Garnishee only P&F File No. 754.16190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-1020 V. CAREL A NICKEY Defendants(s) SUSQUEHANNA BANK Garnishee ) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY TO: Prothonotary Please settle and discontinue the matter captioned above without prejudice as to Garnishee only. Thank you. /)i :iea: A.P.C. Date: June 04, 2009 Sworn to and subsc 'bed before me this day of _.IdA-, 200q. Notary COMMONWEALTH OF PENNSYLVANIA Nctad0l Seed Carolyn J. Stewart. Notary Pubic Came9ie Boro. A legheny County My Commission E)pWw Aug. 14, 2011 Member, Pennsylvania Assoclatlon of Notaries PA- 193 Prcp Disc with Pr do Garnishee only Gr g L. rris, Esquire 2 E. M In Street PA 151.06 A;(e2S'-7675 P&F File No. 754.16190 . r I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK, hereby certify that a true and correct of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: SUSQUEHANNA BANK 29 N. CEDAR ST LITITZ PA 17543 ?I Date: June 04, 2009 Gregg o is, Esquire Paten de Felix, A.P.C. 213 in Street C egie, PA 15106 (4 2) 429-7675 PA- 193 Prep Disc with Pddc Garnishee only P&F File No. 754.16190 FILED-OFFICE OR THE P << i I_'' :'NC)TARY 2009 JUN -9 AM 8: 04 *B.OO Po ATT*4 GL041807 PT* aovv . ~ ' ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~1, ;=f)-~~~`~~~. _.. Sheriff - :- ~ .. ,. , ,,n~,i 4 ~ ~ ~ Jody S Smith vet ~" Chief Deputy ~ ~ ;} ~ Edward L Schorpp Solicitor ~~' Capital One Bank (USA) vs. Case Number Carel A Nickey 2007-1020 SHERIFF'S RETURN OF SERVICE 06/01/2009 02:55 PM -Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 1, 2009 at 1455 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Carel A. Nickey, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Frank Koser II, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on 06-02-09 to Carel Nickey at 5008 Greenwooc Circle, Enola, PA 17025. 03/31/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.58 SO ANSWERS, March 31, 2010 RON RANDERSON, SHERIFF By " 'Sharon R. Lantz ~~ 7si~~' ~-~ ~~-~~,~~i ~