HomeMy WebLinkAbout08-1382a
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Commonwealth Financial Systems, Inc.
120 North K.:yser Avenue
Scrannl,n, PA 18504
VS.
DAVID R THOMAS
C/O SAUNDRA 1 THOMAS
19 WHITE HOUSE RD
SHIPPF.NSBURG, PA 17257
To the Prothonotary of Cumberland County:
Plaintiff
Defendant(s)
PRAECIPE FOR ENTRY OF JUDGMENT
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice.
A) Date of Instrument:
B) Amount of Judgment: 8,126.00
C) Interest From: 05/10/2007
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) 1 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:
DAVID R THOMAS
C/O SAUNDRA 1 THOMAS
19 WHITE HOUSE RD
SHIPPENSBURG, PA 17257
Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, PA 18504
570-342-1600 Ext. 202
Attorney ID 39688
i
Patricia A. Cobb, Esquire, Attorney for Plai tff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
No ()9 - J3 F.L
y V
' C19MMONWEALTH OF PENNSYLVANIA
COUNTY OF: CD!®ER,LAZD
Mag. Dist. No.:
09-3-01
MDJ Name: Hon.
HAROLD a. BENDER
Address: 35 N ORANGE ST
SHIPPENSBDRG, PA
Telephone: (717) 532-7676 17257-0361
ATTORNEY FOR PLAINTIFF :
PATRICIA A. COBB
120 N KEYYSER AV
NCC COMMONWEALTH FINANCIA
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT 0 ODG1![?fIT PLTF
® Judgment was entered for:
(Name) CO1N[ONNEALTH FINANCI, AL SYSTE
® Judgment was entered against: (Name) THOMAS, DAVID
in the amount of $ 8,126.0
F1 Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
M This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
P Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment $ 8,000.00
Judgment Costs $ 3.26. H
Interest on Judgment $
Attorney Fees $ -0
0
Total $ 8,126.00
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 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 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.
5-/C1" 0 ! Date
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
rCOMMONIIIIZALTH FINANCIAL SYSTZK, INC -1
120 N. GEYSER AVE
SCRANTON, PA 18504
L J
DEFENDANT: V$.
rTHOKAS, DAVID NAME and ADDRESS
19 WHITEHOIIESE RD
SHIPPENSBURG, PA 17257
L J
Docket No.: CV-0000100-07
Date Filed: 4/12/07
(Date of Judgment) 5/10/07
Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
iJ Date Magisterial District Judge
My commission expires first Monday of January, 2012
AOPC 315-06
SEAL
DATE PRINTED: 5/14/07 8:33:00 AN
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Commonwealth Fim i i . al Systems, Inc In the Court of Common Pleas of
120 North Keyser Av ue Cumberland, Pennsylvania
Scranton, PA 18504 Civil Division
Plaintiff(s) File / Index No. 0 9- !
DAVID R THOM, \ NOTICE OF FILING JUDGMENT
C/O SAUNDRA I TI: [OMAS
19 WHITE HOUSE i"'D
SHIPPENSBURG, ]' 17257
Defendant(s)
Notice is herby given t] i at a money judgment in the above-captioned matter has been entered against you in the
Amount of $a ?. yb on
By: 151 0
If you have any quest:, is regarding this notice, please contact the filing party:
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Telephone: 570-347-1115
(Notice i? ven in accordance with PA Supreme Court Rule of Civil Procedure No. 236)
r--o . 4
120 North Keyser Avenue
Scranton, PA 18504
Cumberland County, Pennsylvania
Civil Division
Plaintiff
VS.
DAVID R THOMAS
C/O SAUNDRA 1 THOMAS
19 WHITE HOUSE RD
SHIPPENSBURG, PA 17257
No.
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended.
Defendant(s)
State of Pennsylvania
County of Cumberland } SS:
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): DAVID R THOMAS; C/O SAUNDRA 1 THOMAS 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): DAVID R THOMAS; C/O SAUNDRA 1 THOMAS is(are) older than
eighteen years of age;
That the employment status of the defendant(s): DAVID R THOMAS; C/O SAUNDRA 1
THOMAS is(are) unknown. Z--?
Patricia A. Cobb, Esquire
Subscribed before me this eday of 20
Kell L Lance- trytP ublic
ts, KFC(y ?? sfg1
Al p,%ro/V NOtor l F
Y cOml n/SSI0r? Ck s gNNq
Feb ? )cOUN?
?0j1
-- .,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DWISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
? Confessed Judgment
rCWA-V1V ,Uu.-)C1-1-Q 4-1 ?7L r\ t-IC : ? Other
J?xC.? 1 File No.
Q AC) SSA v?z1??Gt ( J xmunt Due
ep
41- ,J:interest 3(oT.
` JV l V ' rYL?. Lk. ? Atty's Comm
Costs
TO THE PROTHONOTARY OF'THE SAID COURT:
V- ?
?ji \
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 on
proceeding filed pursuant to act '7 of 1966 as amended; and for real t ginal
amended property pursuant to Act 6 of 19^r 4 as
Issue writ of execution in the above matter to the Sheriff of
County, for ebt, interest and costs, upon the following described pro
perty of the defendant (s)
)V\. ? f\ ? --I,--_
PRAECIPE FOR ATT CEMENT EXECUTIO
Issue writ of attachment to the Sheriff of
and costs, as above, directing attachment a ? County, for debt, interest
(? C3?? _1 gainst the above-Warned garnishees} for the following property
app x?ix copiestOf the description; supply four copies of lengthy personalty list)
and all other ro v . v. \_v ---)V P KO of the defendant(s) in the possession, custody
Date
(Indicate) Index this writ against the garnishee (s) as a
Lenlr-7) cribed in the attached exhibit.
Signature: I
lyZ
Supreme Court ID No:
PA Supreme Court Rule of Civil Procedure 3101 to 3149
Commonwealth Fimic:ial Systems, Inc. In the Court of Common Pleas of Cumberland
Plaintiff County, Pennsylvania, Civil Division
Vs.
DAVID R THOMAS
C/O SAUNDRA I THOMAS
19 WHITE HOUSE RD
SHIPPENSBURG, PA 17257
vs
M&TBank
28 Walnut Bottom Rd
Shippensburg, PA 17257
Defendant(s)
No
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 DAVID R THOMAS C/O SAUNDRA 1 THOMAS 19 WHITE HOUSE RD. SHIPPENSBURG PA
17257
Defendant(s)
(3) And against M & T Bank
28 Walnut Bottom Rd
Shippensburg, PA 17257
(4) and index this writ
(a) against
(b) against
Defendant(s)
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): 163-30-5872;
(5) Judgment Amount az?
Interest.
Clerks Fee
Sheriff'
Poundage
Total
Dated 9 -`
Garnishee(s);
JPatricia A. Cobb, Esq.
Attorney for Plaintiff J
120 N Keyser Ave
Scranton, PA 18504
570-347-1115
Commonwealth Financial Systems, Inc.
r Plaintiff
Vs.
DAVID R THOMAS
C/O SAUNDRA I THOMAS
19 WHITE HOUSE RD
SHIPPENSBURG, PA 17257
Defendant(s)
Vs.
M&TBank
28 Walnut Bottom Rd
Shippensburg,PA 17257
Garnishee
Commonwealth of Pennsylvania, County of Cumberland,
TO THE SHERIFF OF Cumberland County, Pennsylvania:
To satisfy the judgment, interest and costs against :
(MONEY JUDGMENT)
VID R THOMAS C/O SAUNDRA I THO 19 WHITE HOUSE RD, SHIPPENSBURG, PA 17257, Defend nt(s)
Any and all accounts of ??; G?
y the defendant(s), in the possession o rnishee(s), including not invited 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 163-30-5872
(1) You are also directed to attach the property of the defendant not levied upon in the possession of
M&TBank
28 Walnut Bottom Rd
Shippensburg, PA 17257 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.
Judgment Amount ,
Dated Interest
(Seal)
Patricia A. Cobb, Esquire PA Bar ID 39688
120 North Keyser Avenue
Scranton, PA 18504
570-347-1115 Ext. 202
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
No.
WRIT OF EXECUTION AND ATTACHMENT
Clerk S Fee
Sheriff
Poundage 2%
Total
Clerk of Judicial Records
Sheriff / Deputy
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-1382 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Commonwealth Financial Systems 120 North Keyser
Avenue, Scranton, Pa. 18504 Plaintiff (s)
From David R. Thomas c/o Saundra I Thomas 19 White House Road, Shippensburg, Pa. 17257
(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 M & T Bank 28 Walnut Bottom Road, Shippensburg, Pa. 17257
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; Certificates of Deposit: Money Market
Accounts; contents of Safety Deposit Boxes. Defendant's SSN 163-30-5872.
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 $ 8,126.00
Interest $ 365.67
Atty's Comm %
Atty Paid
Plaintiff Paid $ 54.25
Date: March 3, 2008
L.L.$0.50
Due Prothy $2.00
Other Costs
Curti R. Long P ono ry
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Avenue
Scranton, pa. 18504
Attorney for: Plaintiff
Telephone: 570-347-1115
Supreme Court ID No. 39688
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-01382 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
THOMAS DAVID R
And now WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0009:17 Hours, on the 12th day of March , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
THOMAS DAVID R
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JESSICA REESE (SALES ASSOCIATE)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
in the
true
and made
Sheriff's Costs: So ea4aahc
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
03/14/2008
Sworn and Subscribed to
before me this
day of By
Deputy Sheriff
A.D
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Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Vs
David R Thomas
C/O Saundra I Thomas
19 White House Rd
Shippensburg,PA 17257
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
No: 0 13U O+V' ?
hl,csSGJfJtc 6
Defendant(s)
o O -i
oa
?og
Interrogatories in Attachment
Vs
M&TBank
28 Walnut Bottom Rd :
Shippensburg,PA 17257 ;
Garnishee
RE: Execution of Judgment against your depositor David R Thomas C/O Saundra I Thoams
SSN# 163-30-5872.
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:
Zz)
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3)
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 accp) unt older and if known whether joint account is entireties
property.DAV L (A P-
L
At the time you were served or at any subsequent time, what was the balancj? -Z n
account number of the bank acco nt(s) identified in Interrogatory #1? P 0 :A (P
=A
0,0
At the time you were served or at any subsequent time, please list the average d*
balance in the past five (5) months for each such account identified in your ansto -?
Interrogatories number one (1) and two (2) above.
The ffltJ?ar I ;w3:1 n??f ??± r? th?
Yrdd ?«ES??CR !S X70$
s? inF ,r,p , ('omprjter
orn". beli f the
?? • r . r Wiay be
by t, ??;>? tarned
., 3a r.::t' .,I3 Urli.
$..I,.
Of
r
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? 0
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?
00
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?
?0
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)? OD
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.
1 `/ ?_
9) To the extent that you're above answers depend in whole or part on documents,
account records, or other papers or electronic data escribe each in exact detail (or
attach a copy of the same).
" C?rld( th6
APR 112008
rAL1A S. PAL
M& i SArvk ER
nmo ealth inancial Systems,,IIncc.
Patricia A. Cobb, Esquire
120 N Keyser Ave
Scranton, PA 18504
570-347-1115 Ext. 202
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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. No: 08-1382
David R Thomas
C/O Saundra I Thomas Praecipe to Dissolve the Attachment
19 White House Rd Against the Garnishee.
Shippensburg, PA 1725
Defendant
Vs.
M&TBank
28 Walnut Bottom Rd
Shippensburg, PA 17257
Garnishee
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment Against the Garnishee.
Patricia A. Cobb, Esquire
Lawyer ID # 39688
Commonwealth of Pennsylvania
Lackawanna County
Sworn and subscribed before me on this dof )/L 20 C(
NOTA.RiAi. SEAL
KELL'! L i.A'tCE
Notary ? .r,?ic
tary Public COT'?T'-,
My C mn:is ;on r.';pjres r"" ec , 2"1"
r
*---
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Milage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Bad Check
Postage
Total
18.00 Advance Costs: 150.00
1.69 Sheriff's Costs: 85.99
64.01
.50
2.00 Refunded to Atty on 1/20/09
4.80
30.00
20.00
So Answers;
9.00
R. Thomas Kline, Sheriff
85.99 ? J?; 7)o g?,
By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO0S-1382 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Commonwealth Financial Systems 120 North Keyser
Avenue, Scranton, Pa. 18504 Plaintiff (s)
From David R. Thomas c/o Saundra I Thomas 19 White House Road, Shippensburg, Pa. 17257
(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 M & T Bank 28 Walnut Bottom Road, Shippensburg, Pa. 17257
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;Certifcates of Deposit: Money Market
Accounts; contents of Safety Deposit Boxes. Defendant's SSN 163-30-5872.
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 $ 8,126.00
Interest $ 365.67
Atty's Comm %
Atty Paid
Plaintiff Paid $ 54.25
Date: March 3, 2008
L.L.$0.50
Due Prothy $2.00
Other Costs
Curtis . Long, Pr tary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Avenue
Scranton, pa. 18504
Attorney for: Plaintiff
Telephone: 570-347-1115
Supreme Court ID No. 39688