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HomeMy WebLinkAbout07-5866r Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 VS. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Plaintiff PRAECIPE FOR ENTRY OF JUDGMENT Defendant(s) To the Prothonotary of Cumberland County: 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of Instrument: B) Amount of Judgment: 8,127.00 C) Interest From: 08/06/2007 2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferee; 3) I hereby certify that the address of the plaintiff is: Commonwealth Financial Systems, Incorporated 120 North Keyser Avenue Scranton, PA 18504 4) 1 hereby certify that the address of the defendant is: JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 Patricia A Cobb, Esquire 120 North Keyser Avenue Scranton, PA 18504 570-342-1600 Ext. 202 Attorney ID 39688 ! n ,, t e" 'l 120 North Keyser Avenue Scranton, PA 18504 Plaintiff VS. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 Defendant(s) : State of Pennsylvania County of Cumberland I SS: Cumberland County, Pennsylvania Civil Division No. ol- 596 [, Affidavit under Soldiers and Sailors Relief Civil Relief Act of 1940 as amended. Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above named defendant(s): JUSTIN BURNHEIMER; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): JUSTIN BURNHEIMER; is ar //( than eighteen years of age; That the employment status of the defendant(s) J STIN B // HEIMER; is(are) unknown. 1 ` atricia A. Cobb, Esquire Subscribed befor me thi day ofi - )ellyv L. Lanc - Notary Public Nt .? vCM,`°r.,?aa KE, (CRANTONCNOtc, CE n ,: wprle My CO r, mmtsslo A04NA r=r,. n ,JMju COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLA19D Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 COMMONWEALTH FINANCIAL SYSTEMS INC 120 N KEYSER AVE SCRANTON, PA 18504 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: rCOM?O NAME and ADDRESS II1WRaLTH FINANCIAL SYSTEMS INCA 120 N EEYSER AVS SCRANTON, PA 18504 L J DEFENDANT: VS' NAME and ADDRESS rBURNHEIMER, JUSTIN 218 MARKET ST NEN CUMBERLAND, PA 17070 L J Docket No.: CV-0000236-07 Date Filed: 6/11/07 (Date of Judgment) 8/06/07 (Name) COMMONWEALTH FINANCI, AL SYSTE ® Judgment was entered against: (Name) BURNERIMER, JUSTIN in the amount of $ 8,127.0 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time F1 This case dismissed without prejudice. P 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 $ 8,000.00 Judgment Costs $ 127.00 Interest on Judgment $ Attorney Fees $ . 00 Total $ 8,127.00 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 JUDGMENT1TRANSCRIPT 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. AUG - 6 2001 Date I certify that this is a true iEP 1 7 2001 Date of the te'd4Kd of -, Magisterial District Judge containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2008 AOPC 315-06 SEAL DATE PRINTED: 8/06/07 3:00:00 PN w S? L t? ?) e c cT ? V PO Ily- Commonwealth Financial Systems, Inc 120 North Keyser Avenue Scranton, PA 18504 Plaintiff(s) vs. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 Defendant(s) In the Court of Common Pleas of Cumberland, Pennsylvania Civil Division File / Index No. NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the Amount of $ ,? l a 7, Qo on -4 cw 7 By S U'?ta If you have any questions regarding this notice, please contact the filing party: Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 Telephone: 570-347-1115 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) t In the Court of Common Pleas of Cumberland, County Pennsylvania Civil Division Commonwealth Financial Systems, Inc. 120 N. Keyser Avenue Scranton, PA 18504 Plaintiff Vs. File No: 2007-05866 Justin Burnheimer : 218 Market Street New Cumberland, PA 17070 Defendant Vs. Integrity Bank 440 Bridge St. New Cumberland, PA 17070 Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. in the above- captioned matter. Date: Signature aA.-, GHQ Print Name: Address: 120 N. Keyser Avenue Scranton, PA 18504 Telephone No: (570) 347-1115 ext. 202 Supreme Court ID No: 39688 f. cz) Nip? ti i P.- _ --a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION PRAECIPE FOR WRIT OF EXECUTION n Caption: y ?[ : ? Confessed Judgment l 0? ?1? w e cog ?' l U ??nG? ?` : ? Other . File No. `-?1p/ - V S b L C/ Amount Due O, /aV, 6D . Interest J a / - Atty's Comm 1 r?? ?? C( f?t?`? . Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of &6Lk/6';'Lj County, for debt, interest and costs, upon the following described property of the defendant (s) _)JL PRAECIPE FOR ArT,,(CHMENT EXEC ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six pies of the description; supply four copies of lengthy personalty list) Quo Q) e a. n>e L ? and all other property of the defendant(s) in the possession, custody or control e s d garnishee(s), ? (Indicate) Index this writ against the garnishee (s) as a his ende against al estate of the defendant(s) described in the attached exhibit. D t G= ? a e - t 5 [- Signature: t u Print Nume: Address: Z d fZ) , ?P e ?vG l D Attorney for: /W Gv?? ? ? S yD? Telephone: 0'7 Supreme Court ID No: 3 t Z :Z I?M 9Z ANN LOOZ PA Supreme Court Rule of Civil Procedure 3101 to 3149 Commonwealth Financial Systems, Inc. In the Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania, Civil Division Vs. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 vs Integrity Bank 440 Bridge St. New Cumberland, PA No ZW0- OSQ?(4?9 Defendant(s) PRAECIPIE FOR WRIT OF EXECUTION AND ATTACHMENT (MONEY JUDGMENT) Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against JUSTIN BURNHEIMER 218 MARKET STREET. New Cumberland PA 17070 Defendant(s) (3) And against Integrity Bank 440 Bridge St. New Cumberland, PA Garnishee(s); (4) and index this writ (a) against Defendant(s) (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 197-62-7077; (5) Judgment Amount $ 1 Interest Clerks Fee Sheriff Poundage Total Dated ` 1,a-04- Patricia A. Cobb, Esq. Attorney for Plaintiff 120 N Keyser Ave Scranton, PA 18504 570-347-1115 70 =z pj sZ AON LOOZ A 'laiv? , -HI ?? Commonwealth Financial Systems, Inc. Vs. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 Vs. Integrity Bank 440 Bridge St. New Cumberland, PA In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania Civil Division No. WRIT OF EXECUTION AND ATTACHMENT (MONEY JUDGMENT) Defendant(s) Garnishee Commonwealth of Pennsylvania, County of Cumberland, TO THE SHERIFF OF Cumberland County, Pennsylvania: To satisfy the judgment, interest and costs against : PSIN BURNHEIMER , 2 MARKET STREET, w Cumberland, PA 17070, Defendant(s) Any and all accounts of the defendant(s), in the possession of Garnishee(s), including but not limited to savings account balances, checking account balances, Certificates of Deposit, Money Market Accounts, contents of Safety Deposit Boxes. Defendant's Social Security Number(s) is/are 197-62-7077 (1) You are also directed to attach the property of the defendant not levied upon in the possession of Integrity Bank 440 Bridge St. New Cumberland, PA Garnishee(s) per property description. Confessed Judgment by Complaint: 1. Date of Entry 2. Notice of mailing on filed. 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 delivery any property of the defendant(s) or otherwise disposing thereof. 3. If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. 161 (Seal) Patricia A. Cobb, Esquire PA Bar ID 39688 120 North Keyser Avenue Scranton, PA 18504 570-347-1115 Ext. 202 Judgment Amount Interest Clerk's Fee Sheriff Poundage 2% Total s-91 I Z)- 6D 1 ?. . Clerk of Judicial Records Sheriff / Deputy a 0 c\ Uti A? r 14 ? R C1? -..r r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5866 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff (s) From JUSTIN BURNHEIMER 218 MARKET STREET, NEW CUMBERLAND, PA 17070 (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 INTEGRITY BANK 440 BRIDGE STREET, NEW CUMBERLAND, PA GARNISHEE(S) as follows: ANY AND ALL ACCOUNTS OF THE DEFENDANT IN THE POSSESSION OF GARNISHEE INCLUDING BUT NOT LIMITED TO SAVINGS ACCOUNT BALANCES; CHECKING ACCOUNT BALANCES; CERTICATES OF DEPOSIT; MONEY MARKET ACCOUNTS; CONTENTS OF SAFETY DEPOSIT BOXES. DEFENDANT'S SSN 197-62-7077 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 $8,127.00 Interest $121.89 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: NOVEMBER 28, 2007 (Seal) REQUESTING PARTY: Name PATRICIA A COBB ESQ L.L.$0.50 Due Prothy $2.00 Other Costs JS P '11,141 urtis R. Long, Prothonota f, By: Deputy Address: 120 N KEYSER AVE, SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: (570) 347-1115 Supreme Court ID No. 39688 120 North Keyser Avenue Scranton, PA 18504 VS. JUSTIN BURNHEIMER 218 MARKET STREET New Cumberland, PA 17070 State of Pennsylvania County of Cumberland } SS: Plaintiff Cumberland County, Pennsylvania Civil Division No. Zbb-) - OSS (e(P Affidavit under Soldiers and Sailors Relief Civil Relief Act of 1940 as amended. Defendant(s) : Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above named defendant(s): JUSTIN BURNHEIMER; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): JUSTIN BURNHEIMER; is(are) older than eighteen years of age; That the employment status of the defendant(s): JU IN B HEIMER; is(are) unknown. Patricia A. Cobb, Esquire -?e, Subscribed before me this 6day of UUQAV&t? 20 U Kelly L Lance- otary P NOTARIAL SEAL KELLY L LANCE Notary Public SCRANTON CITY, LACKAWANNA COUNTY MY Commission Expires Feb 2) , 2011 rv k.! Cz? D "4c nix j- : co -- r'`T Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Vs Justin Burnheimer 218 Market Street New Cumberland, PA 17070 Defendant(s) No: 2007-05866 AA-3:9 E1L.S 16 Interrogatories in Attachment Vs Integrity Bank : 440 Bridge St. : New Cumberland, PA 17070 Garnishee RE: Execution of Judgment against your depositor Justin Burnheimer SSN#197-62-7077. You are required to file answers to the following interrogatories within 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 the Defendant possess any bank accounts, joint or individual, that were in your custody or control? Please specify joint or individual account. Please list the legal title of any such account(s) and the primary account holder and if known whether joint account is entireties property. NO 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank account(s) identified in Interrogatory #I? NJH 3) At the time you were served or at any subsequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) and two (2) above. NIA 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain funds derived solely from social security funds and/or disability funds? NIf) 5) At any time before or after you were served, did the Defendant(s) transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? N0 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 Depositor's direction or otherwise discharge any claim of the Depositor against you? NO 7) At the time you were served or at any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? IJ 0 8) Identify every other account (not previously noted) titled in the name of Defendant(s) in which you believe Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. N0Y1f- 9) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each inexact detail (or attach a copy of the same). pia • Integrity B A N K Becky Bacher Vice President, Compliance/ Security 3345 Market Street Camp Hill, PA 17011 Phone: 717-920-3688 Fax: 717-920-3611 bbacher@integritybankonline.com mmit? lth 'nanci?all Syssteemx- s, Inc. A1 ?t'i C.-x. l'/ Patricia A. Cobb, Esquire 120 N Keyser Ave Scranton, PA 18504 570-347-1115 Ext. 202 More. Faster. Better. rya ? -rti ..?"? ? ? ?. ? -? ? , - ?,,? _..s <???.? ? ?, ? ? _??? w ? , . ? ? ':: -? y?., ? ... SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-05866 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS BURNHEIMER JUSTIN And now TIM BLACK Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0021:11 Hours, on the 12th day of December-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BURNHEIMER JUSTIN I , in the hands, possession, or control of the within named Garnishee INTEGRITY BANK 440 BRIDGE ST NEW CUMBERLAND, PA 17070 Cumberland County, Pennsylvania, by handing to DRU HAYNOS (BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So answers: ?I .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 ?/ i z?i9/ate . 00 12/13/2007 day of By A .r?--- Deputy Sheriff .D Commonwealth Financial Systems, Inc. : In the Court of Common Pleas of Scranton, PA 18504 : Cumberland County, Pennsylvania Civil 120 North Keyser Avenue : Division Plaintiff Vs. Justin Burnheimer 218 Market St. New Cumberland, PA 17070 Defendant Vs. Integrity Bank 440 Bridge St. New Cumberland, PA 17070 Garnishee No: 2007-05866 Praecipe to Dissolve the Attachment Against the Garnishee. To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment Against the Garnishee. ank y u, 'Patricia A. Cobb, Esquire Lawyer ID # 39688 Commonwealth of Pennsylvania Lackawanna County Sworn and subscribed before me on this day of OW4V4? Kelly Lance, N tary Public P'Pt? 2 .29 ?? v `PC,. Fin N?Gp\ US o? ExP?? ?? ycR Gomm. 206` ° '-D W C J . Ci't Thomas Kline, R Sheriff, who being duly sworn according to law, states this . Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 97.74 it ;Docketing 18.00 52.26 Poundage 1.92 Advertising Law Library .50 00 2 Refunded on 07/29/08 Prothonotary . Mileage 16.32 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 / 8 3 -0$ Answers S TOTAL 97.74 ? , o ?0001a-?? r? o n Thom-as Kline R. Thom , f By 4Z sd Q v r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5866 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff (s) From JUSTIN BURNHEIMER 218 MARKET STREET, NEW CUMBERLAND, PA 17070 (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 INTEGRITY BANK 440 BRIDGE STREET, NEW CUMBERLAND, PA GARNISHEE(S) as follows: ANY AND ALL ACCOUNTS OF THE DEFENDANT IN THE POSSESSION OF GARNISHEE INCLUDING BUT NOT LIMITED TO SAVINGS ACCOUNT BALANCES; CHECKING ACCOUNT BALANCES; CERTICATES OF DEPOSIT; MONEY MARKET ACCOUNTS; CONTENTS OF SAFETY DEPOSIT BOXES. DEFENDANT'S SSN 197-62-7077 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 $8,127.00 Interest $121.89 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: NOVEMBER 28, 2007 (Seal) REQUESTING PARTY: L.L.$0.50 Due Prothy $2.00 Other Costs c:tirtis R. Long, Prothonota By: Deputy Name PATRICIA A COBB ESQ Address: 120 N KEYSER AVE, SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: (570) 347-1115 Supreme Court ID No. 39688