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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 ,~. te # ~ ~ ~ C'7 a ( a ,rJ ,.~ ( ?1 ~ ° _ -~ t 00 s b M ~, ~~~ ~ - ~~ :~ D ~~ ~~ ,~ Lt_, 3 _ ~i ~ 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 PPTXDJJI ~- ~ na o :;~: C~ ~~ -_., z °z tom- ~~ f+'f' CJ'r;.,~. W f""'Y^':v ~... ~ ~. ~" ":! ~~ "C 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 -i p No. 07-4498 :r -n C-3 -n C ,:. -tom -< 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 PPTGPWEI IL4.14 IG76 V,a-7, ,-,l-3 'JE? " 41. ?o /'k ? y :1S Pk ??. L) 6 J7u-C 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 N ? ?. ? C-) - . Z te CO 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 PPTXWPDI 6W % T. cord ap? CK.b? s<-.70a ?2?-aU4S8`? 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 s2' &Z-zed. 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