HomeMy WebLinkAbout07-4498"''' COMMONWEALTH OF PENNSYLVANIA
Cnt INTY nF• CII1li88ZLI+AliD
Mag. Disi. No.:
09-3-03
MDJ Name: Hon.
SIISA'L~ E . DAY
Address: 229 1[ILL ST, BOa 167
1[T. HOLLY SPftII~t38, PA
Telephone: (717) 486-7672 17065
ATTORI~BY FOH PLAIIITIFF
OP88~L, ~LOIfI ZVI
P.o. soa c38oo
SOII'1'88ASTSBIfI, PA
NOTICE OF JUDGMENT/TRANSCRIPT~
CIVIL CASE
PLAINTIFF:
rCAPITAL oars c/o
P.O. BOZ 03800
SOIIT887-STS>it]ii, PA
L
DEFENDANT:
~>ISOY>sa., ~rcY
175 FAIjtVIBK
CAjtLISL$, PA
J
L J
Docket No.: CP-0000127-07
19398 Date Filed: 4/04/07
THIS IS TO NOTIFY YOU THAT:
Judgment: DBFAIILT JOD~'P PLTF
® Judgment was entered for: (Name)
(Date of Judgment)
NAME and ADDRESS
HLATT, 8A881~ILL$R ~
19398
VS.
NAME and ADDRESS
ST.
17013-9295
5/22/07
CAPITAL O~iB_ C/O HLATT, HA88110[IL
® Judgment was entered against: (Name MO~• ~~
in the amount of $ 4, 417.5)
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
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 {ease $
Amount of Judgment $ 4, 291.00
Judgment Costs $ • 5
Interest on Judgment $ •
Attorney Fees $ . 00
Total $ 4, 417.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ 4, 417.50
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 JUDGMENTRRANSCRIPT 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.
My commission
Magisterial District Judge
AOPC 315-06
RATS PfLIIII'PBD: 7/12/07 3:33:00 PIL
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF :CUMBERLAND
Magisterial District Number: OB-3-03
MDJ Name: Hon. SUSAN K. DAY
Address: PO BOX 167
MT. HOLLY SPRINGS, PA 17065
Telephone: (717)486-7672
CIVIL COMPLAINT
PLAINTIFF: NAME snd ADDRESS
~APITAL ONE BANK
C!O Blatt, Hasenmiller, Leibsker & Moore, LLC
P.O. Box C3800
SouthP.astem, PA 19398 ~/~+
Y ~7.
DEFENDANT: NAME and ADDRESS
r NANCY MOYER
175 FAIRVIEW S7
~ARLISLE PA 17013-9'255
Docket No.:
AMOUNT DATE PAID Date Filed:
FILING COSTS $ ! !
POSTAGE $ ! !
SERVICE COSTS $___.--- ! !
CONSTABLE ED. $ ! !
70TAL $ ! !
____.J
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $4291.00 together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
Unpaid balance of credit account #4106082105819679. After applying all known charges and payments to the account as of
this date, the net balance is currently $4291.00. Plaintiff demands $4291.00 plus costs.
1, Ron Z Opher Esquire verify that the facts set forth in this complaint 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. Sec. 4804) related to unsworn falsification to authorities.
(signature of Ptahnkf or Authorized Agent)
Plaintiff's Address: PO BOX C3800
Attorney: Ron Z Opher Esquire Southeastern PA 19398
Telephone: (,610) 902-0644
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY SE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address 1840593
or telephone number. We are unable to provide transportation. ppTCSCCI
AOPC 308A-05
Blatt, Hasenmiller, Leibsker & Moore, LLC
BY: Ron Z. Opher, Esquire
Attorney for Plaintiff
Attoreny ID # 57507
PO Box C3800
Southeastern, PA 19398
CAPITAL ONE BANK:
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS
P.O. Box C3800 CUMBERLAND COUNTY, PA
Southeastern, PA 19398
Plaintiff .
v.
NANCY MOYER
CIVIL ACTION -LAW
175 FAIRVIEW ST
CARLISLE PA 17013-9295
Defendant
NO
CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
:SS
COUNTY OF CUMBERLAND
I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney
for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the address
of the Plaintiff is c/o Blatt, Hasenmiller, Leibsker & Moore, LLC, P.O. Box C3800, Southeastern, PA 19398.
The Defendant's last known address is 175 FAIRVIEW ST, CARLISLE PA 17013-9295.
In addition, the Defendant is at least 18 years of age and not in the Military Service of the United States, nor
any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or
the amendments thereto.
I verify that the statements made in the foregoing certification and affidavit are true and correct to the
best of my knowledge, information and belief; and I understand that the statements in said certification and
affidavit are made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to
authorities.
DATED: July 24, 2007 BY:
Ron Z. Opher, Esquire
1840593
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Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci,
Attorney I.D. #92800
1835 Market Street, Suite 501
Philadelphia, PA 19103
610-902-0644
Attorney for Plaintiff,
CAPITAL ONE BANK (USA), N.A. fka CAPITAL ONE BANK
CAPITAL ONE BANK (USA), N.A. fka CAPITAL ONE BANK
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
Plaintiff,
vs.
NANCY MOYER AKA NANCY L MOYER
175 FAIRVIEW ST
CARLISLE PA 17013-9295
Defendant(s).
AND
MEMBERS 1ST FCU
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
Garnishee
C-1
IN THE COURT OF COMMON PLJ § p
CUMBERLAND COUNTY, PA mm -vr=-
b ;:urn
CIVIL ACTION <Q
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No. 07-4498
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PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly ISSUE a WRIT OF EXECUTION in the above matter, directed to the Sheriff of
Cumberland County:
(1) against NANCY MOYER defendant[s]
(2) against MEMBERS 1 ST FCU garnishee[s]
REAL DEBT $ 4291_0¢-,
INTEREST $ 11 .p f Z -C
From 07-31-07
COST PAID $
Prothonotary
SHERIFF $
STATUTORY $
COSTS DUE $
?o2 y sot 't CAI
.SV 2f-3
1840593
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4498 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), N.A. Plaintiff (s)
From NANCY MOYER A/K/A NANCY L MOYER
(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 FIRST FCU, 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
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$4291.00
Interest $1,012.91 FROM 07-31-07
Atty's Comm %
Arty Paid $54.25
Other Costs
Plaintiff Paid
Date: JULY 11, 2011
(Seal)
L.L. $.50
Due Prothy $2.00
David D uell, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name DANIEL SANTUCCI, ESQ.
Address: BLATT, HASENMILLER, LEIBSKER & MOORE, LLC, 1835 MARKET STREET,
SUITE 501, PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 610-902-0644
Supreme Court ID No. 92800
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFF , F ;, - -1, a-=-RIFF
i` iL 0-UFI<ICH
THE PR0,TH0N0' AF,\
2011 JUL 19 PM 3: 54
CUMBERLAND COUNTY
PENNSYLVANIA
Capital One Bank (U.S.A.) N.A.
Case Number
vs.
Nancy Moyer 2007-4498
SHERIFF'S RETURN OF SERVICE
07/15/2011 12:56 PM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Members 1 st FCU at 5000 Louise Drive, Lower Allen
Township, Mechanicsburg, PA 17055, Cumberland County, by handing to SUSAN GABRIEL, SHARE
DRAFT PROCESSOR, personally three true and attested copies of the Writ of Execution and made the
contents there of known to her.
The writ of execution and notice to defendant was mailed on July 18, 2011 to Nancy Moyer at 175 Fairview
Street, Carlisle, PA 17013-9295.
July 18, 2011
SO ANSWERS,
f G't to
K 1ANUCIKJUIV, oritmrr
(c) G0unr,'S1Ae Sheriff. Telecsott Inc
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci,
Attorney I.D. #92800
1835 Market Street, Suite 501
Philadelphia, PA 19103
610-902-0644
Attorney for Plaintiff,
CAPITAL ONE BANK (USA), N.A. fka CAPITAL ONE BANK
CAPITAL ONE BANK (USA), N.A. fka CAPITAL ONE BANK
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
Plaintiff,
vs.
NANCY MOYER AKA NANCY L MOYER
Defendant(s).
CJ) t-
IN THE COURT OF COMMONASo
?CD
CUMBERLAND COUNTY, PA
C:)
=
D?
CIVIL ACTION 4 c._
No. 07-4498
ter,
JUL 15 20%
Interrogatories to Garnishee
To MEMBERS 1 ST FCU, Garnishee:
You are required to file Answers to the following Interrogatories within 20 days after service upon
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? ICU
2. At the time you were served or any subsequent time thereafter, was there in your possession,
custody, control or in joint possession, custody and control, any property of the defendant?
3. At the time you were served or any subsequent time did you hold legal title to any property
of any nature owned solely or in part by the defendant(s) or in which the defendant held or
claimed any interest? n.V
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 any interest? no
1840593
PPTGINTI
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 direction or consent and what
was the consideration thereof? AQ
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 the defendant's direction or otherwise
discharge any claim of the defendant(s) against you? no
7. If you are a bank or other financial institution, at the time you were served or 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 and the entity electronically
depositing those funds on a recurring basis. VQ
8. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant(s) 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 exemption
under 42 Pa.C.S Sec.8123? If so, identify each account. no
9. How much is the value of any property in your possession belonging to t(s)?
+10. In the space below, the plaintiff may set forth additional appropr' to 00 A-W4
No. 92800
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is
Kelly L Hall
(Name)
Deposit Operations Analyst of Members 1st Federal Credit Union
(Title)
(Company)
garnishee herein, that he/she is duly authorized to make this verification, and the facts set
forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her
knowledge, information and belief.
JJa "Y
(SIGN TU )
Blatt, Hasenmiller, Leibsker & Moore, LLC
Daniel Santucci,
Attorney I.D. #92800
1835 Market Street, Suite 501
Philadelphia, PA 19103
610-902-0644
Attorney for Plaintiff,
CAPITAL ONE BANK (USA), N.A. &a CAPITAL ONE BANK
CAPITAL ONE BANK (USA), N.A. fka CAPITAL ONE BANK
c/o Blatt, Hasenmiller, Leibsker & Moore, LLC
Plaintiff,
Vs.
NANCY MOYER AKA NANCY L MOYER
175 FAIRVIEW ST
CARLISLE PA 17013-9295
Defendant(s)
AND
MEMBERS FIRST FCU
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTIONu
No. 07-4498 f
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PRAECIPE TO DISSOLVE ATTACHMENT
To the Prothonotary:
Kindly mark the Writ of Execution against MEMBERS FIRST FCU as DISSOLVED, and the
attachment as DISSOLVED.
1840593
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ay R Anderson
ieriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
r?
RIFF
CZ
` THE P THONO T,4,o
2012 FEB 7 PM 2: 23
CUMBERLANt) COUNTY
PENNSYLVANIA
Capital One Bank (U.S.A.) N.A.
vs.
Nancy Moyer
Case Number
2007-4498
SHERIFF'S RETURN OF SERVICE
07/15/2011 12:56 PM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Members 1st FCU at 5000 Louise Drive, Lower
Allen Township, Mechanicsburg, PA 17055, Cumbeiland County, by handing to SUSAN GABRIEL,
SHARE DRAFT PROCESSOR, personally three true and attested copies of the Writ of Execution and
made the contents there of known to her.
The writ of execution and notice to defendant was mailed on July 18, 2011 to Nancy Moyer at 175
Fairview Street, Carlisle, PA 17013-9295.
02/16/2012 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: $91.75 SO ANSWERS,
l
February 16, 2012 RON R ANDERSON, SHERIFF
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