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HomeMy WebLinkAbout08-4430-h o?- Yy3d &rj WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 2008 `5-'N f CHASE BANK USA N.A. ) IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA VS. JONATHAN R FRY, ETAL. AOMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against JONATHAN R FRY, MEMBERS FIRST FEDERAL CREDIT UNION, CITIZENS BANK , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION, 4 MARKET PLAZA WAY, MECHANICSBURG, PA 17055 & CITIZENS BANK, 255 CUMBERLAND PARKWAY, MECHANICSBURG, PA 17055 as Garnishee(s). (Specifically described property) SEE ATTACHED INTERROGATORIES And to notify the Garnishee(s) that WRIT No: 08-112 No: CV-CV-2007-00742 JUDGMENT AMOUNT $ 3,036.54 LESS PAYMENTS $ ( 323.32) INTEREST: $ 147.22 ATTY'S Comm: $ ATTY DUE: $ PLTFF. PAID PROTHY. $ 75.06 THIS WRIT PAID $ 28.85 SHERIFF'S COSTS $ 300.00 SATISFACTION $ 7.95 (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property to the defendant(s) or otherwise disposing thereof. (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution. (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. subparagraph 8123. (3) if property of the defendant not levied upon and subject to attachme found in th ossession of anyone other than the named garnishee(s), ou are directed to notify him that he has been add s a garnishee d is enjo' d as above stated. • Dated: 6/26/2063 BRENDA J. A BRI T [SEAL] Prothonotary, Court `'Common Pleas Perry County, Pennsylvania WILLIAM T. MOLCZAN, ESQ. W;3LTIvIAN WEINBERG & REIS 2718 KOPPERS BLDG. 436 SEVENTH AVENUE PITTSBURGH PA 15219 412-434-7955 WWR#06057310 By: Deputy 0 10v e tr n C ca CIO ; c lp JUL-28-2008 14.41 WELTMAN WEINBERG & REIS P.01i01 WELTMAN, WEINBERG & REIS CO., L.P.A. ATrORN6YS AT LAw l? 2718 Koppers Bldg., 436 7m Ave. )D?-A Pittsburgh, PA 15219 Main Phone: 412 434-7955 ( c lJ:: Number: 412 434-7959 F Az ax www.weltman com 0 (J 111 ? ? ' Fax Transmittal Date: Mondav July 28 2008 No, of Pages: 1 To: Claudia Fax Number: 717 240 6397 From: Samantha Shields Direct Line: 412 338 7132 Comments • J a Please be advised that Jonantha R Fry is located at 1009 Lincoln Street: Duncannon. Pa 17020. Also please be C 51 • that a ood address for Citizens n . T ' Should you have any questions Please do not hesitate to contact me at 412-338-7132 Thank you very much zs . , Cincinnati, OH • Cleveland, OH + Columbus, OH • Detroit, M1 • Mount Holly, NJ • Philadelphia, PA _.__ .._..... ........ - - ....... .... ..-- ._. ......._.-- - --- ----__ .... ..... CONFIDENTIALITY NOTICE The documents accompanying this telecopy transmission contain confidential information belonging to the sender which is legally privileged. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone to arrange for return of the original documents to us. _._.._....... ..---------------._.-.. TOTAL P.01 -4 IN THE COURT OF COMMON PLEAS OF PERRY tOUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. L41-:S6 Plaintiff No.-296' VS. JONTHAN R FRY Defendant and R1--: CE!VEE JUL 2 9 2008 INTERROGATORIES IN ATTACHMENT MEMBERS :FIRST FEDERAL CREDIT UNION CITIZENS BANK MEMBERS FIRST FEDERAL CREDIT UNION CITIZENS BANK Garnishee FILED ON E'31-IALF OF: Plaintiff COUNSEL C? RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Kopper:;.Bui]ding 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06057310 r A IN THE COURT OF COMMON PLEAS PERRY CCTUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JONTHAN R FRY Defendant and MEMBERS FIRST FEDERAL CREDIT UNION CITIZENS BANK Garnishee Civil Action No.: 2007-742 TO: MEMBERS FIRST FEDERAL CREDI T UNION Suggested Reference No.: XXX-XX-0767 4 MARKET PLAZA WAY MECHANICSBURG, PA 17055 CITIZENS BANK 255 CUMBERLAND PKWY MECHANICSBURG, PA 17055 RE: JONATHAN R FRY 1009 LINCOLN STREET DUNCANNON, PA 17020 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following inter.•ogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against yot;. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at-the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. F1 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, c: did he claim that you owed him any money or were liable to him for any reason? r') 0 Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant, on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of ea::h of such liabilities. no 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. no 3. At the time you were served or at any subsequent tirre did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? r) Q 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent anal if so what was the consideration thereof? n0 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you.) nO 7. If you are a bank or other financial institution, at the tirrie you were served or at any subsequent time did the defendant have funds on deposit in an account in which fi,.nds 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, the amount being withheld under each exemption,and the entity electronically depositing those funds on a recurring basis. a o©? LPA Trta&jrl beet 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. n 0 L?CD4 S6v-i rY?S 12q 31S fee 25 DD ter 1 U+-Si I ACA ja C®b I Frc-i rrna? ? Dr1Ut? Fr? U i n WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Nolczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Kopper:: Building 436 Seventh Avenue Pittsburgh, PA. 15219 (412) 434-7955 WWR#06057310 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating o to unsworn falsifications to authorities, that he/she is (Name) ?I? @Q 6* of , garnishee herein, tt(Trtle) I (Company) that lie/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/l per knowledge, information and belief. (SIGNATURE) C) „? :...? t r ..r.. 7 ? ? _"I t = _.?... ?, ? ? ? ? „? " !'T" _ ? -_; :° +.. .? ? ;: ? ` --? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 146.88 Docketing 18.00 3.12 Poundage 2.88 Advertising Law Library Prothonotary 1100 Refunded to Atty on 09/24/08 Mileage 5.00 Surcharge 50.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 18.00 Postage TOTAL $ 146.88 ? ?,.. 13/ ODD So Amvzcxs:Af R. Thomas Kline, Sheriff a?J c s G WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 _ o43C.) CHASE BANK USA N.A. VS. JONATHAN R FRY, ETAL. -JLq a0 .? p ??) IN THE COURT OF COMMON EAS OF +- ?9 PERRY COUNTY, PENNSYLVANIA E ' WRIT No: 08-112 NO: CV-CV-2007-00742 W , JUDGMENT AMOUNT $ 3,036.54 , LESS PAYMENTS $ ( 323.32) INTEREST: $ 147.22 5 ATTY'S COMM: $ C ATTY DUE: $ ¢L PLTFF. PAID PROTHY. $ 75.06 THIS WRIT PAID $ 28.85 SHERIFF'S COSTS $ 300.00 0 3 s SATISFACTION $ 7.95 0 :0,, COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. m #3 TO THE SHERIFF OF CUNWERLA QTNTY, PENNA, r t' , To satisfy the judgment, interest and costs against JONATHAN R FRY, MEMBERS FIRST FEDERAL CREDIT UNION, CITIZENS BANK , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of MEM 39RS FWT I RAL CREDIT UNION, 4 MARKET PLAZA WAY, MECHANICSBURG, PA 17055 & CITIZENS BANK, 255 CUMBERLAND PARKWAY, MECHANICSBURG, PA 17055 as Garnishee(s). (Specifically described property) SEE ATTACHED INTERROGATORIES And to notify the Garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and from delivering(any property to the defendant(s) or otherwise disposing thereof. (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution. (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendants general exemption provided in 42 Pa.C.S. subparagraph 8123. A (3) If property of*e defendant not levied upon and subject to attac nt is found than the named garnishee(s), ou are directed to notify him that he has been as a garni: stated. Dated: 6/26/2008 (SEAL] WILLIAM T. MOLCZAN, ESQ. WELTMAN WEINBERG & REIS 2718 KOPPERS BLDG. 436 SEVENTH AVENUE PITTSBURGH-. PA 15219 412-434-7955 WWR#06057310 Prothonotary, Perry County, possession of anyone other and is oined as above of Comm;,n Pie ," By: Deputy CERTIFIED A TRUE COPY DEPUTY PRnTur,K?? -.-. ?. .