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Home My WebLink About01-6472HAYT, HAYT & LANDAU BY: ARTHUR LASHIN, ESQUIRE IDENTIFICATION NO 23425 SIXTH FLOOR 400 MARKET STREET PHILADELPHIA, PA 19106-2509 (215) 928-1400 AI-rORNEY FOR PLAINTIFF FORD MOTOR CREDIT COMPANY One American Road Dearborn, Michigan 48122 vs. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER 8 Pine Road Mount Holly Springs, Pennsylvania 17065 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DI VISION TERM, CIVIL ACTION "NOTICE "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AF- FORD ONE, GO TO OB TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle,.Pennsylvania 17013 (717) 249-3166 "AVISO "Le man ¢$emanOado a us~ecl en la corte. 5~ usted quiere CML ACTION 1. Plaintiff, Ford Motor Credit Company, is a corporation duly organized and existing under the laws of the State of Delaware, and authorized to do business in the Commonwealth of Pennsylvania, with offices located at One American Road, Dearborn, Michigan 48122. 2. Defendant(s) Krystal M. Stoner a/k/a Krystal M. Auker is/are individual(s) residing at the address(es) contained in the caption of this case. 3. On or about June 30, 1998, Defendant(s) (lessee) entered into a written Automobile Net (Closed End) Lease (hereinafter called the Lease) to lease a '¥ehicle" from a dealer (lessor) according to the teLms, prices and conditions contained within the aforesaid Lease, a true and correct copy of said Lease being attached hereto, made a part hereof, and marked Plaintiffs Exhibit "A". 4. "Lessor" subsequently assigned the aforesaid Lease to Plaintiff, Ford Motor Credit Company. 5. Subsequently, Defendant(s) did default upon the aforesaid Lease by failing to make timely installment payment to Plaintiff and in accordance therewith the entire remaining balance became due and payable immediately. 6. The aforesaid Lease further provides that in the event of default, Plaintiff may repossess the '~ehicle" and sell same in accord with the temps of the aforesaid Lease. 7. The aforesaid Lease further provides that lessee shall be liable for all costs and expenses, including reasonable attorney's fees, incurred by Plaintiff in enforcing the Lease. 8. As a consequence of the foregoing, there is currently due and owing to Plaintiff by the Defendant(s) the following sums: SCHEDULED PAYOFF $10,904.24 I.~.SS: Sale Proceeds 8,800.00 Rental Security 325.00 Credit Life Insurance Premium Refund .00 Accident & Health Insurance Premium Refund .00 Finance Charge Refund .00 Extension Fee Refund .00 ADD: Past Due Payments 777.71 Unpaid Late Charges 42.60 Repossession Expense 302.50 Balance Owing Customer Payments Received After Establishment of Deficiency SUB TOTAL Interest Plus Attorney's fees at 20% TOTAL DUE $2,802.05 300.00 $2,602.05 182.14 556.83 $3,341.02 9. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in favor of Plaintiff in the amount of $3,341.02 together with interest and costs. HAYT,By: HAYT &y Arthur Lashin, Esquire Attorney for Plaintiff Pen #1 SIGNATiJRES AND IMPORTANT NONCES EXHIBIT "g' STATE OF ARIZONA COUNTY OF MARICOPA AFFIDAVIT Tanya$ch0enw0~f , being duly sworn according to for Ford Motor Credit Co=,pany, and that he/she is duly authorized to take this Affidavit on behalf of Ford Motor Credit Company, and that the facts contained in the attached pleading are true and correct to the best of. his/her information, knowledge and belief. Tanya Schoenwolf Sworn to m-d subscribed before me this ~ day of , OJ OFFIG[^L SEAL SHARON A. BROCKNER IIOTAR¥ P, JSLIC - STATE O~ ~ MARICOPA COUNTY My Comm. ExCres Dec, 26, 2004 HAY'T, HAYT & LANDAU BY: ARTHUR LASHIN ~DENTIF~CATION NO. 23425 SIXTH FLOOR 400 MARKET STREET ~HILADELPHIA, PA 19106-2509 (215) 928-1400 A'I-rORNEY FOR pLAINTiFF FORD MOTOR CREDIT COMPANY vs. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER CUMBERLAND cOUNTY cOURT OF COMMON PLEAS CIVIL DIVISION TERM, No. 2001-06472 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: You are requested to reinstate the complaint filed in the]above captioned matter. HAYT, HAYT & ~ By: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~:t,:GIN,~L CIVIL DIVISION FORD MOTOR CREDIT COMPANY VS. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER NUMBER: 2001-06472 PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff and against the Defendant(s) Krystal M. Stoner a/k/a Krystal M. At~ker for failure to answer PlaintifFs Complaint, endorsed with twentY (20) day notice to plead, served upon Defendant(s) on January 15, 200~ and assess damages as follows: Unpaid Balance $ 2,602.05 Plus Interest 182.14 Late Charges .00 Plus Attorney's Fees 556.83 Less Credits, if any .00 TOTAL DUE: $ 3,341.02 Pursuant to PaR.C.P. 237.1, I hereby certify that notice to file this 'i3~:aecipe was mailed to the above named Defendant(s) and the Attorney of Record (if applicable) on February 7, 2002 and copy/copies of same is/are attached hereto. ARTHUR LASHIN, ESQUIRE #23425 Attorney For Plaintiff HAYT, HAYT & LANDAU 400 Market Street 6th Floor Philadelphia, Pennsylvania 19106 (215) 928-1400 COURT OF COMMON PLEAS AFFIDAVIT OF NON-MILITARY SERVICE FORD MOTOR CREDIT COMPANY KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER STATE OF PENNSYLVANIA COUNTY OF Arthur Lashin.' i being duly sworn according to Law, deposes.and says~tha~;he represents the Plaintiff in the above entitled case; that he.is authorized to make this Affidavit on behalf of the Plaintiff; and that the above named Defendant(s) is (are) 18+ years of age; the address of Defendant(s) is 7 Pine Road, Apartment 101 Mount Holly Springs, Pennsylvania 17065 Occupation of Defendant(s) is unknown; and the Defendant(s),is (are) not in the Military Service of the United States, nor any State or Territory thereof or its Allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and amendments thereto. HAYT, HAYT AND ATTORNEY FOR PLAINTIFF Prothonotary Sworn to and subscribed before me this 19th day of February sion expires: ! Shari Deana Outen, Notary Public ! Philadelphia, Philadelphia County ~ My Commission Expires June 27, 2002 Mem~r, Pennsylvania Association o! Notaries HAYT, HAYT & LANDAU s N, ESQ SIXTH FLOOR 23425 400 MARKET STREET PHiLADELPHiA, PA (215) 928-~400 A3-rORNEY FOR PLAINTIFF DATE: FEBRUARY 7, 2002 FORD MOTOR CREDIT COMPANY One American Road Dearborn, Michigan 48122 VS. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER 7 Pine Road Apartment i01 Mount Holly Springs, Pennsylvania 17065 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DI VISION TERM, No. 2001-06472 NOTICE OF INTENTION TO TAKI~, DEFAULT PURSUANT TO PA.R.C.P. 237.! You are in default because you have failed to enter a written appearance personally 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 fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carl~e, PA 17013 (717) 240-6200 ASI~, ~SQUIRE, #23425 pRA~.t.:I2£ FOR WKIT GF EXECUTION-- w'"-"'"'~'r~'~rx' JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. FORD MOTOR CREDIT COMPANY KRYSTAL M. STONER afk~.a KRYSTAL M. AUKER IN THE COURT OF COMMON PLL~ OF CUMBERLM~D COUNTY, PENNSYLVANIA ',Vdt No ............................. Teen, 19 ...... ,o. .............. To=, ..... ^m*,,, due ............ $ -°- .... ...Z./..a_S_/__OZ. ........... Att'y't Com. ............................ Corn ................ $ ........................ To the Prothonotary of s~id Court: I$$U'- WRIT OF EXECUTION IN THE ABOVE },lA l t iR, CUMBERLAND County Penna · { ] ) Dkected tn the $hadH of .......................... " (2) a~intt KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER .............. ~__. ........................ Defendant (s) ; · CITIZENS BANK and PNC BANK~ N.A. Garnishee (s) ; (3) and ~.amst ............................................ (+) andlndex~iswfit KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER ...... la) l~inst ............................................................................ D'dendant (s) and ...................................................................... ~arnh~ee (s), ~ · lis pendens a~alnst re real property ¢i the defendant { s) in the name of the Garnishee (s) as fallows: ~,5p~ifically d~cnbe properW) PERSONAL PROPERTY LEVY AT: 7 Pine Road, Apartment #101, Mount Holly Springs, PA 17065 BANK ATTACHMENT AT: CITIZENS BANK, 1 N. Hanover Street, Carlisle, PA 17013 and PNC BANK, N.A., Carlisle MJ Mall Shopping Center, Hanover Street, Carlisle, PA 17013 KINDLY SERVE INTERROGATORIES UPON THE ABOVE LISTED GARNISHEE. (§) Exemption has (not) been waivc~i. Dated ...................... Attomey for Plaia~iifhl ARTHUR LASHIN, ESQUi~RE, $23425 NOTZ (215) 928-1400 Under paragraph (1) when the wn: :s direct~ to ~e sher~ of ano~er eo~t7 as au~orize~ 0y Rule 3103(b;, co~ty ~o~d ~ mdi~ted. Under Rule 3103(c) a wmt ~e~ ca a transierred Judgement may be directed only to the ~er~K of the co~ty Pml~ph (3) above should be compl~ed pnly ii a named lamishee ts ~ be included in ~e writ. . Paraera~h (41 (a) should be ~m~teted only ~o~ty oy the prothono~ry. See Ruie WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6472 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FORD MOTOR CREDIT COMPANY, Plaintiff (s) From KRYSTAL M. STONER A/K/A KRYSTAL M. AUKER, 7 PINE ROAD, APARTMENT #101, MOUNT HOLLY SPRINGS, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY LEVY AT: 7 PINE ROAD, APARTMENT #101, MOUNT HOLLY SPRINGS, PA 17065. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BANK ATTACHMENT AT: CITIZENS BANK, 1 N. HANOVER STREET, CARLISLE, PA 17013 AND PNC BANK, N.A., CARLISLE MJ MALL SHOPPING CENTER, HANOVER STREET, CARLISLE, PA 17013 - KINDLY SERVE INTERROGATORIES UPON THE ABOVE LISTED GARNISHEE. GARNISHEE(S) as follows: 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 $3,341.02 Interest FROM 2/2/502 - $5.13 Atty's Comm % Arty Paid $142.19 Plaintiff Paid Date: APRIL 11, 2002 REQUESTING PARTY: Name ARTHUR LASHIN, ESQUIRE Address: HAYT, HAYT & LANDAU 6TH FLOOR 400 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-928-1400 Supreme Court ID No. 23425 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS IL LONG Prothonotary, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FORD MOTOR CREDIT COMPANY Plaintiff(s), VS. KRYSTAL M STONER A/K/A KRYSTAL M AUKER Defendant(s), VS. CITIZENS BANK OF PA, Garnishee. cwritsl No. 01-6472 Praecipe for Appearance Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of PA Counsel of Record for this Party: David F. Mowrey, Esquire Pa I.D. No. 30431 Citizens Bank of Pennsylvania 2 Commerce Square 2001 Market Street Suite 600 AIM #195-0610 Philadelphia, PA 19103 (267) 671-1033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir: Kindly enter my appearance on behalf of Garnishee, Citizens Bank of PA David F. Mowrey, Esquire .~/~' Citizens Bank of Pennsylvania 2 Commerce Square 2001 Market Street Suite 600 AIM #195-0610 Philadelphia, PA 19103 cwdtsl Certificate of Service i, David F. Mowrey, hereby certify that a true and correct copy of this Praecipe for Appearance has been served upon the following by depositing it in the U. $. Mail, postage prepaid, this ~J day of ~ , 2002. Arthur Laskin, Esquire Hayt, Hayt & Landau 400 Market Street 6th Floor Philadelphia PA 19106 David F. Mowrey, ES~l~e cwritsl SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-06472 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS STONER KRYSTAL M A/K/A AUKER And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:53 Hours, on the 17th day of April , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , STONER KRYSTAL M A/K/A KRYSTAL M AUKER , in the hands, possession, or control of the within named Garnishee CITIZENS BA1WK 665 N. EAST ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JEAN WENTLING (BRANCH MANAGER) , personally three copies of interogatories together with 3 and attested copies of the within COMPLAINT & NOTICE the contents there of known to Her true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this 2~.,~ day of~. ~2 o~L A.D. PrOthonotary R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo /~pu~ Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-06472 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS STONER KRYSTAL M A/K/A AUKER And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:04 Hours, on the 17th day of April , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , STONER KRYSTAL M A/K/A KRYSTAL M AUKER , in the hands, possession, or control of the within named Garnishee PNC BANK, N.A. NOBLE BOULEVARD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARLIES TRIMBUR (BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within COMPLAINT & NOTICE the contents there of known to Her true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this 2~/ day of ~ ~2~3. A.D. / pzF&~honotary , , / So answers: Sheriff of Cumberland County 00/00/0000 ~put y- Sheriff HAYT, HAY'[' & LANDAU BY: ARTHUR LASHIN, ESQUIRE tDENTIFICATION NO. 23425 SIXTH FLOOR 400 MARK~'r' STREET PHILADELPHIA, PA 19106-2509 (215) 928-1400 FORD MOTOR CREDIT COMPANY VS. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER and CITIZENS BANK Garnishee ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CivLl DIVISION TERM. No. 2001-06472 ORDER TO DISCONTINUE AND DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly mark the attachment against the Oarnishee, CITIZENS BANK · made under the Writ of E~ecution .issued om April 11, 2002 in the above captioned matter Discontinued and Dissolved. /'3 HAYT, HAYT & LAND~ By: Attorney for Plaintiff HAYT, HAYT & LANDAU SYi ARTRIIR LASHIN, ESQUIRE IDENTIFICATION NO. 2 3 4 2 5 SIXTH FLOOR 4O0 NU%RKST STREET PHILADELPHIA, PA !910S-2509 :;(215) 928-1400 ATTORNEY FOR PLAINTIFF FORD MOTOR CREDIT COMPANY vs. KRYSTAL M. STONER a/k/a KRYSTAL M. AUKER and PNC BA}FK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Civil DIVISION TERM, No. ~001-06472 Garnishee ORDER'TO DISCONTINUE AND DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly mark the attaehment agaJ/ist the .Garnishee, PNC BANK, N.A. , made under the Writ of Execution ~issued on April 11, 2002 tm the abo~e captioned matter Discontinued and Dissolved. ~AYT, HAYT &J Attorney for Plaintiff R. THOMAS KLINE Sheriff EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 May 17, 2002 Ford Motor Credit Company Krystal M. Stoner, a/k/a Krystal M. Aucker No. 2001-6472 Civil Term Property Claim Determination RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Dear Sir, Reference is made to Property Claim dated May 9, 2002 entered by Rodney L. Sheller pertaining to Execution No. 2001-6472 Civil Term, Ford Motor Credit Company -vs- Krystal M. Stoner, a/k/a Krystal M. Aucker. R. Thomas Kline, Sheriff, has determined that the claimant, Rodney L. Sheller in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC: Arthur Lashin, Atty for Pltff. Krystal M. Stoner, a/k/a Krystal M. Aucker ,Deft. Rodney L. Sheller, Claimant So Answers: R. Thomas Kline, Sheriff _PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania Wfitlqo. O//~,5z7,.q-, K ~- VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE .II i 0o,O~ 4 ~15p° ~ /cC,~ ¢ 8o,°° ~ /0o'~ ~ ~7o ,ii ~ $,oO 4~ i0,oO THE CLAIMANT OBTAINED TITLE TO THE.PROPERTY AS FOLLOWS: Sworn and subscribcdX~ before me ;Wisff*°~day of~ ///Zl~-~f 1' Carlisle Boro. Cumberland Co~t_Y.. { being duly sworn according to law, deposes and says that the 4~q 5 ./ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per Pennsylvania Rules of Court 3206 (C). Sheriff's Costs: Docketing $ 18.00 Poundage 2.90 Advertising Law Library .50 Prothonotary 1.00 Mileage 7.59 Misc. Surcharge 40.00 Levy 60.00 Post Pone Sale Garnishee 147.99 Advance Costs: 150.00 Sheriff's Costs: 147.99 2.01 Refunded to Atty on 5/29/02 Sworn and Subscribed to before me This //~ day of 2002 A.D. (~-Z, _ ~ l~o~honotary R. Thomas Kline, Sheriff VqRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6472 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due FORD MOTOR CREDIT COMPANY, Plaintiff(s) From KRYSTAL M. STONER A/K/A KRYSTAL M. AUKER, 7 PINE ROAD, APARTMENT #101, MOUNT HOLLY SPRINGS, PA 17065 ( 1 ) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY LEVY AT: 7 PINE ROAD, APARTMENT #101, MOUNT HOLLY SPRINGS, PA 17065. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BANK ATTACHMENT AT: CITIZENS BANK, 1 N. HANOVER STREET, CARLISLE, PA 17013 ~ PNC BANK, N.A., CARLISLE MJ MALL SHOPPING CENTER~ HANOVER STREET, CARLISLE, PA 17013 - KINDLY SERVE INTERROGATORIES UPON THE ABOVE LISTED GARNISHEE. GARNISHEE(S) as follows: and to notify thc 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 $3,341.02 Interest FROM 2/2/502 - $5.13 Atly's Comm % Arty Paid $142.19 Plaintiff Paid Date: APRIL 11, 2002 REQUESTING PARTY: Name ARTHUR LASHIN, ESQUIRE Address: HAYT, HAYT & LANDAU 6TH FLOOR 400 MARKET STREET PHILADELPHIA, PA 19106 ARorney for: PLAINTIFF Telephone: 215-928-1400 Supreme Court ID No. 23425 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division