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HomeMy WebLinkAbout08-5636IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A., N.A. Plaintiff NO. 0%- 663(A Civil IerK V. SANDRA STAIR Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie; PA 15106 (412) 429-7675 PF_PA_1 I Cmplt Cvr Sht P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. SANDRA STAIR Defendant(s) NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. NO. Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en ]a Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA_21Notice to Defend P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. SANDRA STAIR Defendant(s) COMPLAINT IN CIVIL ACTION NO. O fir- S-6,3(- AND NOW, comes Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., is a corporation and for the purpose of this litigation, maintaining a place of business c/o PATENAUDE AND FELIX, A.P.C., 213 East Main St Carnegie, Pennsylvania 15106. 2. Defendant is SANDRA STAIR, an adult individual, believed to currently reside at 606 COLONIAL VIEW RD MECHANICSBURG, PA 17055-5849. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4862362395264297, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of October 06, 2007, Defendant(s) owes $5,142.52 on said account plus interest at 27.60 %. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. PA-05 Civil Cmplt Crdt Crd P&F File No. 08-18850 6. The Defendant(s) have/has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant(s), and the transactions between Plaintiff and Defendant(s) give rise to an account stated, upon which Plaintiff has relied. 7. The Defendant(s) made payments, but have/has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $5,142.52, plus interest and costs. 8. By failing to object or dispute the statements, Defendant(s) have/has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant(s) have/has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. PA-05 Civil Cmplt Crdt Crd P&F File No. 08-18850 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $5,142.52, plus interest as set forth herein from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set Jay Ae Court. A.P.C. Date: July 15, 2008 e L. Morri , Esquire 21 E. Main S eet C ie, P 5106 412) - 675 PA-05 Civil Cmplt Crdt Crd P&F File No. 08-18850 VERIFICATION The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject toA a penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: July 15, 2008 e g L. orris, Esquire at au & Felix, A.P.C. 13 . ain Street C e, PA 15106 (412) 429-7675 PA-01 Atty Verification P&F File No. 08-18850 00 00 b y SHERIFF'S RETURN - REGULAR CASE NO: 2008-05636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS STAIR SANDRA NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE STAIR SANDRA was served upon the DEFENDANT , at 2045:00 HOURS, on the 29th day of September, 2008 at 606 COLONIAL VIEW RD MECHANICSBURG, PA 17055-5849 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Postage .59 Surcharge 10.00 .00 3 9 . 5 9 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/01/2008 PATENAUDE & FELIX By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of. CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 969006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_119 Prcp Def Jg Both P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. SANDRA STAIR Defendant(s) NO. 08-5636 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $5,142.52 Interest from October 06, 2007 $1,412.86 Less payments received $0.00 Attorney's fees $0.00 TOTAL $6,555.38 With continuing interest on the principal amount of $6,555.38, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the defendants and defendants' counsel (if known), after the default had occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the N Ace is attached. & Mix. A.P.C. Date: October 31, 2008 Gregg L /Morris, Esquire 13 E ,/Main Street egie, PA 15106 (412) 429-7675 PA_119 Prcp Def Jg Both P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. SANDRA STAIR Defendant(s) NO. 08-5636 PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), SANDRA STAIR, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P.237.1, as evidenced by the attached copy. Patenaude & Felfx, A.P.C. Date: October 31, 2008 re L /Morris, Esquire 1 ain Street Yhfihegie, PA 15106 412) 429-7675 Sworn to and subscribed before me this ?- day of , 20(. . Notary PAC COMMONWEALTH OF PENNSYLVANIA Notarial Semi Carolyn J. SteMirt, Nosy PU* W fs?t P. Afthany AW,14?, 2011 Member, Pennsylvania Assooistlon of-Notaries P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR Defendant(s) IMPORTANT NOTICE Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA 113 10 Day D1 D2 P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR Defendant(s) To: SANDRA STAIR 606 COLONIAL VIEW RD MECHANICSBURG PA 17055- 5849 Date of Notice: October 21, 2008 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 RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 A.P.C. Date: October 21, 2008 fire g L. M rris, Esquire 21 E. Mai Street Ca egie, A 15106 (412 4 -7675 PA_113 10 Day Dl D2 P&F File No. 08-18850 I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Sandra Stair 606 Colonial View Rd Mechanicsburg PA 17055-5849 Date: October 21, 2008 ;g L. orris, Esquire nau e & Felix, A.P.C. E. ain Street pie, PA 15106 (412) 429-7675 PA_111 10 Day Dl P&F File No. 08-18850 -.a n "?' ''c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_l23 Me Jgmt Both P&F File No. 08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. SANDRA STAIR Defendant(s) NO. 08-5636 NOTICE OF ORDER, DECREE OR JUDGMENT AGAINST SANDRA STAIR ONLY TO:( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on _ I t ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X) Judgment of ( ) Confession ( ) Verdict ( ) Court Order ( X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award ( X ) Judgment in the amount of $6,555.38, plus costs. ( ) District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. Prothonotary By? Deputy ar6 If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 PA_123 Ntc Jgmt Both P&F File No. 08-18850 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �1f= THE SRO ll 'P 0TARY Jody S Smith . Chief Deputy 2013 JUL —9 All[Q: .12 Richard W Stewart - Solicitor OPFICEOFTHESKRIFF CUMBERLAND G0€1WY Capital One Bank(USA) N:A. Case Number vs. 2008-5636 Sandra Stair SHERIFF'S RETURN OF SERVICE 07/05/2013 10:41 AM-Jamie DiMartle, Deputy Sheriff,who being duly sworn according to law, states that on July 5, 2013 at 1041 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Sandra Stair, in the hands, possession,or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Brian Peters, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on July 8,2013 to Sandra Stair at 606 Colonial View Road, Mechanicsburg, PA 17055 (envelope provided by atty's office). t TMA LE, DEPUTY SO ANSWERS, July 08, 2013 RbNW R ANDERSON, SHERIFF (c)CountySulte Sheriff,Tofeosoft.Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK(USA),N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR 606 Colonial View Rd Mechanicsburg Pa 17055-5849 Defendant(s) MEMBERS I ST FEDERAL CREDIT UNION 5000 Louise Dr Mechanicsburg Pa 17055 cz Garnishee M PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: Z= Issue writ of execution in the above matter, CD CD r_— (1) directed to the Sheriff of Cumberland County; 3> (2) against, SANDRA STAIR Defendant(s); (3) against, MEMBERS I ST FEDERAL CREDIT UNION, Garnishee; (4) and index this writ (a) against, Defendant(s) SANDRA STAIR, Defendant(s); and (b) against MEMBERS I ST FEDERAL CREDIT UNION, Garnishee; as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows: (5) Amount due $6,555.38 Interest from November 12, 2008 At 6.00 %per annum $1,093.97 Court Cost $0.00 A/ Less: Payment $1,75yo Total $5/94/34" 99 At r Plaintiff ISO (% if bo It PA 134 Prcp Writ of Exe /ry � 1�� P&F File No.08-18850 tk� ad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK(USA),N.A. ) Plaintiff ) NO. 08-5636 V. ) SANDRA STAIR ) 606 Colonial View Rd Mechanicsburg Pa 17055-5849 ) Defendant(s) ) MEMBERS 1 ST FEDERAL CREDIT UNION ) 5000 Louise Dr Mechanicsburg Pa 17055 ) Garnishee ) PRAECIPE FOR WRIT OF EXECUTION Filed on behalf of: CAPITAL ONE BANK(USA),N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-134 Prcp Writ of Exe P&F File No.08-18850 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5636 Civil COUNTY OF CUMBERLAND) 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 SANDRA STAIR,606 COLONIAL VIEW ROAD,MECHANICSBURG,PA 17055-5849 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: MEMBERS 1ST FEDERAL CREDIT UNION,5000 LOUISE DRIVE,MECHANICSBURG,PA 17055 and to notify the garnisbee(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, (2) 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$4,800.27 Plaintiff Paid$ Interest FROM NOVEMBER 12,2008 AT 6.00%PER ANNUM-$1,093.97 Attorney's Comm. % Law Library$30 Attorney Paid$161.09 Due Prothonotary$2.25 Other Costs$ Date',JULY 2,2013. David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name: GREGG L.MORRIS,ESQUIRE Address:PATENAUDE&FELIX,A.P.C. 213 E.MAIN STREET CARNEGIE,PA 15106 Attorney for:PLAINTIFF Telephone: 412-429-7675 Supreme Court ID No.69006 ?01.3/RtL/05/FR1 10: 46 FAX No, P. 009 RECEIVED JUL 0 5 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK(USA),N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR M C- 606 Colonial View Rd Mechanicsburg Pa 17055-5849 — Defendant(s) M El'�MERS I ST FEDERAL CREDIT UNION 5000 Louise Dr Mechanicsburg Pa 17055 t Garnishee 5c= OFFICES OF PATIENAUDE&FELLS You are hereby notified to BY: GREGG MORRIS,ESQUIRE plead to the enclosed 213 East Main St Interrogatories within 20 Carnegie PA 15106 days from the date of 858-244-7675 hereof or a default Judgment may be entered against you. Gregg Morris, Esquire 14MSUXL16 40 Attorney for Plaintiff MERROGATORMS MLAIIAMIENTI—FOX—JESQUIM You are required to answer the following interrogatories about Defendant(s)whose address is� COLONIAL VIEMLM,MECHANICSBURG ���5-5849. you must Me with the Court answers to the following interrogatories within twenty(20)days after service upon you, Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the following interrogatories is affirmative, specify the amount value and/or nature of the subject property. C-5 a; co c- M C= (/)r- rr; S CD C-3 :C C> PA 139 Interogs Attch Exe t t ill P&F File No,08.18850 2013/JUL/05/FR I 10: 46 FAX No. P. 010 RECEIVED JUL 0 5 2013 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s)claim that you owed them any money or were you liable to them for any reason? if yes,please specify as set forth herein. 9- 99, 8 5 + X0 .7. aa. 'lam► 11 b �- 07 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control, or in joint possession, custody or control of yourself or others, any property of any nature owned solely or in party by the Defendant(s)? If yes,please list and describe the property. _ 3. At the time you were served, or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the Defendant(s)? If yes please list and describe the property. 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 an interest? If yes,please list and describe the property. PA_1341nwogs Auch Exe P&F File No.08-18850 2013/JUV05/FR1 10: 47 FAX No, P. 011 JUL 0'5 2013 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 directions or consent? If yes, what was the consideration therefore? 6. At any time after you were served,did you pay, transfer, or deliver any inoney or property to the Defendant(s) or to any person or place pursuant to their direction,or otherwise discharge any claim of the Defendant(s) against you. 7. 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 funds are deposited electroncially 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. PA-139 Interogs Attch&e P&F Flo No,08-18850 2013/JUG,/05M I 10: 47 FAX No, P. 012 RECENE® JUL 0 5 2013 8. If you are a bank or other financiai insitution, 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.5. § 8123? If so, indentify each account. Respectfully submitted: Patenaude& Felix, A.P.C. Date: June 21, 2013 Gregg L.Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-139 Tntmogs Aach Exe F&F File No.08-18850 2013/1UL/05/FRI 10: 46 FAX No. P. 009 L A RECEIVED JUL 05 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BAND(USA),N.A. } Plaintiff ) t� NO. 08-5636 C— V. � -v-8 �- rnrn C-- r'';_ SANDRA STAIR ) !— 606 Colonial View Rd Mechanicsburg Pa 17055-5849 - Defendant(s) ) {° all MEti1BERS 1ST FEDERAL CREDIT UNION —0 Y 5000 Louise Dr Mechanicsburg Pa 17055 Garnishee ) OFFICES OF PATEN'AUDE& FELLX You are hereby notified to BY: GREGG MORRIS,ESQUIRE plead to the enclosed 213 East Main St Interrogatories within 20 Carnegie PA 15106 days from the date of 858-244-7675 hereof or a default judgment may be entered against you. Gregg Morris, Esquire Attorney for Plaintiff �rLSI.c�J� 1rITERROGATORIES IN AUACIIMENT EXECUTION You are required to answer the following i:aterrogatories about Defendant(s)whose address is 6 COLONIAL VIEW R) ,MECHANICSBtTRG PA 17_055-5849, You must file with the Court answcrs to the following interrogatories within twenty(20)days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the following interrogatories is affirmative, specify the amount, value and/or nature of the subject property. _ . � w fi C) y'C Q C)I PA—139 Interogs Attch Bxe P&F Fite No,08.18850 = C� > 2013/1UL/05/FRI 10. 46 FAX No. P. 010 RECErVE® JUL, 0 5 2013 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed them any money or were you liable to them for any reason,? If yes,please specify as set forth herein, X99 s 9 5 + l.�0 .7. a,-), 0-7 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control, or in joint possession, custody or control of yourself or others, any property of any nature owned solely or in party by the Defendant(s)? If yes,please list and describe the property. 3. At the time you were served, or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the Defendant(s)? If yes please list and describe the property. 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 an interest? If yes,please list and describe the property. PA_139[nterogs Atteh Exe MF File No.0 8-188 50 2013/JUL/05/FRI 10: 47 FAX No, P. 011 RICEIVE0 JUt 0 5 2013 S. 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 directions or consent? If yes, what was the consideration therefore? 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 their direction, or otherwise discharge any claim of the Defendant(s) against you. 1 7. 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 funds are deposited electroncially 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. PA-139 Interogs Attch Exe P&F Ro No.03-16550 2013/JUL/05/FRI 10:47 FAX No, P. 012 RECE ``® JUL 0 5 2013 8. If you are a bank or other financial insitution, 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, indentify each account. T-I 3 Respectfully submitted: Patenaude& Felix, A.P.C. Date: June 21, 2013 Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-139 Irtcrogs Attch Ere P&F File No.08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. ) Plaintiff ) NO. 08-5636 c ==' —;-; V. �nC77 r i SANDRA STAIR Defendants(s) ) cam- MEMBERS 1ST FEDERAL CREDIT UNION ) Garnishee ) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY Filed on behalf of: CAPITAL ONE BANK (USA), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 al 49.50/Dd a CL# PA_193 Prcp Disc with Prjdc Garnishee only P&F File No.08-18850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK(USA), N.A. Plaintiff NO. 08-5636 V. SANDRA STAIR Defendant(s) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PRE–IUDICE AS TO GARNISHEE ONLY TO: Prothonotary Please settle and discontinue the matter captioned above without prejudice as to Garnishee only. Thank you. Respec Ily s tte d: Pate a de ix, A.P.C. Date: July 19, 2013 L. Morris, Nqwire E. Main Street Carnegie, PA 15106 (412) 429-7675 Sworn to ands bscribed before me this —it day of ' 20Z3. NOTARIAL SEAL MELINDA S PERRY Notary Public 0 FCARNEGIE BORO..ALLEGHENY COUNTY My Co.mm's s� my commissi'o�l Fxpireq Jun 2, 2015 Notary*ubl'ic PA-193 Prep Disc with Prjdc Garnishee only P&F File No.08-18850 I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK(USA), N.A. , hereby certify that a true and correct of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DR MECHANICSBURG PA 17055 Date: July 2013 Morris, Esquire naude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412)429-7675 PA_]93 Prcp Disc with Prjdc Garnishee only P&F File No.08-18850 r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersonr .� w Sheriff Lil FEB 26 FM 2: Jody S Smith Chief Deputy Ri ihar W Stewart E}, �YLVAP�1 i Capital One Bank (USA) N.A. Case Number vs. Sandra Stair 2008-5636 SHERIFF'S RETURN OF SERVICE 07/05/2013 10:41 AM-Jamie DiMartle, Deputy Sheriff, who being duly sworn according to law, states that on July 5, 2013 at 1041 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sandra Stair, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Brian Peters, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on July 8, 2013 to Sandra Stair at 606 Colonial View Road, Mechanicsburg, PA 17055 (envelope provided by atty's office). 02/25/2014 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: $89.72 SO ANSWERS, February 25, 2014 RON Y R ANDERSON, SHERIFF 3 oa1?e