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HomeMy WebLinkAbout08-5794IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. G$ • 5g4q D'-'; l lie-rm v. ANNA ECKARD Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of. CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Parry: 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_11 Cmplt Cvr Sht P&F File No. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. ANNA ECKARD 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 la 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. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) V. ) ANNA ECKARD ) Defendant(s) ) COMPLAINT IN .IVIL ACTION NO. Of- S79I 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 ANNA ECKARD, an adult individual, believed to currently reside at 36 N 41ST ST CAMP HILL, PA 17011-6775. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 5178052627345693, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of January 29, 2007, Defendant(s) owes $839.13 on said account plus interest at 20.40 %. 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. 08-22249 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 $839.13, 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. 08-22249 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $839.13, 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 by the Court. submitted: Felix, A.P.C. Date: July 16, 2008 egg L. orris, Esquire 13 E. ain Street t'? PA 15106 (4 429-7675 PA-05 Civil Cmplt Crdt Crd P&F File No. 08-22249 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 to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. I Date: July 16, 2008 (ire g L. orris, Esquire P e a e & Felix, A.P.C. 3 ain Street Carnegie, PA 15106 (412) 429-7675 PA-01 Atty Verification P&F File No. 08-22249 [ 00 t7 t..? w? ?I Ul o ?? ?4a C+?' T rTi SHERIFF'S RETURN - REGULAR CASE NO: 2008-05794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS ECKARD ANNA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ECKARD ANNA the DEFENDANT , at 0009:09 HOURS, on the 4th day of October at 36 N 41ST STREET CAMP HILL, PA 17011 by handing to ANNA ECKARD DEFENDANT 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 Service Affidavit Surcharge R So Answers: 18.00 14 . 0 0 .00 10.00 R. Thomas Kline .00 J 42.00 10/07/2008 PATENAUDE ° FE IX Sworn and Subscibed to By: before me this day of A.D. 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5794 V. ANNA ECKARD 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. #69006 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. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5794 V. ANNA ECKARD Defendant(s) 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 Interest from January 29, 2007 Less payments received Attorney's fees TOTAL $839.13 $294.58 $0.00 $0.00 $1,133.71 With continuing interest on the principal amount of $1,133.71, 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 Notice is attached. Resp ctfu y submitted: Pat aude Felix, A.P.C. Date: November 05, 2008 Gr gg L. orris, Esquire 21 E. in Street C eg', PA 15106 (41) 9-7675 PA_119 Prep Def Jg Both P&F File No. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. ANNA ECKARD Defendant(s) NO. 08-5794 PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(b) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 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), ANNA ECKARD, 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. & Felix, A.P.C. Date: November 05, 2008 Greg] L. Mom's, Esquire 21 Main Street C egie, P 15106 (4 VA) 429-7675 Sworn to and subscribed before me this day of WDV . , 200:K Notary P lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carolyn J. Stewart Notary Public mwj" County Cameoe My Commission Fires Aug. 114 2011 Member, Pennsylvania Association of Notaries PA-1 20 Aff of Non Mil P&F File No. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5794 V. ANNA ECKARD 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 Dl D2 P&F File No. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5794 V. ANNA ECKARD Defendant(s) To: ANNA ECKARD 36 N 41ST ST CAMP HILL PA 17011-6775 Date of Notice: October 28, 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 Date: October 28, 2008 PA-1 13 10 Day DI D2 Pate ,nude A.P.C. / le"', , , Esquire 213 reet Ca r 5106 reV9-7675 (412P&F File No. 08-22249 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: Anna Eckard 36 N 41St St Camp Hill PA 17011-6775 Date: October 28, 2008 Gr gg L. orris, Esquire P enau e & Felix, A.P.C. 3 AE ain Street gie, PA 15106 (412) 429-7675 PA_111 10 Day Dl P&F File No. 08-22249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 08-5794 V. ANNA ECKARD 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_123 Ntc Jgmt Both P&F File No. 08-22249 F 1?- ?y z fi (1 P t?r ty fy r -? r w N GJ -Yf ^.'i.t r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. ANNA ECKARD Defendant(s) NO. 08-5794 NOTICE OF ORDER DECREE OR JUDGMENT AGAINST ANNA ECKARD 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 - k)cgj , J 3 .2 D?? _• ( ) 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 $1,133.71, 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. 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. 08-22249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5794 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (U.S.A.) N. A. Plaintiff (s) From ANNA ECKARD, 36 NORTH 41sT STREET, CAMP HILL, PA 17011 (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 GARNISHEE(S) as follows: CITIZENS BANK OF PA, 665 NORTH EAST STREET, CARLISLE, PA 17013 - LIS PENDENS AGAINST ALL REAL PROPERTY OF THE DEFENDANT IN THE NAME OF THE GARNISHEE. 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$674.77 L.L. $.50 Interest from November 13, 2008 at 6.00% per annum - $91.06 Atty's Comm % Due Prothy $2.00 Atty Paid $161.50 Other Costs Plaintiff Paid Date: 6/24/11 - David D. Buell, Prothon ary (Seal) By: Deputy REQUESTING PARTY: Name GREGG L. MORRIS, ESQUIRE Address: PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15219 Attorney for: PLAINTIFF Telephone: 412-429-7675 Supreme Court ID No. 69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. ANNA ECK ?36 ?, y 1 bTT ?. Defendant(s) NO. 08-5794 CITIZENS BANK OF PA ) U U $ wi. cccz6 S, Garnishee ) COx?S? ? P? i?o13 PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against, ANNA ECKARD Defendant(s); (3) against, CITIZENS BANK OF PA, Garnishee; (4) and index this writ (a) against, Defendant(s) ANNA ECKARD, Defendant(s); and (b) against CITIZENS BANK OF PA, Garnishee; i.., IV rv.a ? 2p ?;•x N as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows: (5) Amount due Interest from November 13, 2008 At 6.00 % per annum Court Cost Less: Payment Total Gtnti? $ ay. so ?d a 1? 00 cer- q a. So 1 Y. 00 u u CD So u a PA_134 Prcp Writ of Exe $1,133.71 $91.06 $0.00 $550.00 $674.77 s costs Attorvlevffof 1laintiff &a•ovT" CJ6 ..5a" Ckasw;7 v P&I File No. 08-22249 100 C j W, ,T 0 ? s Tsu 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) NO. 08-5794 V. ANNA ECKARD Defendant(s) CITIZENS BANK OF PA Garnishee WRIT OF EXECUTION 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 136 Writ of Exe Ntc P&I File No. 08-22249 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson o 71 Sheriff `?tti,, of wa+,+Firry??l0 rrrIOD ` -? Jody S Smith r- -- Chief Deputy r -Orr, o Richard W Stewart r- --to Solicitor Co =s =--n 3 ?G Capital One Bank (U.S.A.) N.A. Case Number vs. 2008-5794 Anna M Eckard SHERIFF'S RETURN OF SERVICE 07/01/2011 03:30 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to TABI STARZMAN TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Anna Eckard at 36 N. 41 st Street, Camp Hill, Pennsylvania, 17011. SO ANSWERS, July 05, 2011 RON R ANDERSON, SHERIFF Denn ' Fry, D ut eri f f (ci CountySuite `i "ei ff. Te!ecs'oft I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CAPITAL ONE BANK USA NA, Plaintiff(s), vs. ANNA ECKARD, Defendant(s), vs. Citizens Bank of Pennsylvania, No. 08-5794 Answers to InterrogatorieAc r-- c 'y :- r -70 CD Code: 200 Execution !Z: c7 0 -ta CD ? , c' Filed on Behalf of Garnishee , _ Citizens Bank of Pennsylvania Counsel of Record for this Parry: Garnishee. Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis(c,stradle com www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Capital One Bank (USA), N. A. Plaintiff(s), VS. Anna Eckard Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. No. 08-5794 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 8) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains no open accounts in the name of the Defendant: Anna Eckard, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Laura Noel who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. aura Noel COMMONWEALTH OF PENNSYLVANIA Notarlai Seal Bruce D. Mountjo , Notary Public City of Pittsburgh iheghenj County My Commission Expires June 14, 2014 Member. Pennsvlvania Association of Notaries Sworn and subscribed before me this 07' day of 1-JVV-1 , 2011. Certificate of Service I, Laura Noel, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this day of U , 2011. Gregg L. Morris Patenaude & Felix, A. P. C. 213 E. Main St. Carnegie, PA 15219 Laura oel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. ANNA ECKARD Defendants(s) CITIZENS BANK OF PA Garnishee NO. 08-5794 , --; r- PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY 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- 193 Prcp Disc with Pr do Garnishee only P&F File No. 08-22249 0,14 2 a,lb pbl a)? C44 S(040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff ) NO. 08-5794 V. ) ANNA ECKARD ) Defendant(s) ) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY TO: Prothonotary Please settle and discontinue the matter captioned above without prejudice as to Garnishee only. Thank you. Date: July 28, 2011 Sworn to and subscribed before me this ,;V3 day of 20_ IA_. Notary Public F OTARIAL SEAL LWOA S PERRY Netrll y Public MO..ALLEG"ENY COUNTY sion Expires Jun 2, 204 PA_193 Prcp Disc with Pddc Gamishee only P&F File No. 08-22249 YA ? A CIPljW- '.11WO'i Jt%Af V I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), 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: CITIZENS BANK OF PA 665 NORTH EAST STREET CARLISLE PA 17013 Date: July 28, 2011 ?f Gregg . 's, quire Pate ud ix, P.C. 21 i treet Ctrne 'e, PA 151 (412)A29-7675 PA_193 Prcp Disc with Pddc Garnishee only P&F File No. 08-22249 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson S Smith ;ef Deputy I" ILED-OFFICi rt, THE PROTHONOTAR'? 2012 FEB 17 PM 2: 23 Richard W Stewart Solicitor nFP1C-OP '. c -RFF CUMBERLAND COUNT`' PENNSYLVANIA Capital One Bank (U.S.A.) N.A. vs. Anna M Eckard Case Number 2008-5794 SHERIFF'S RETURN OF SERVICE 07/01/2011 03:30 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to TABI S`TARZMAN TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Anna Eckard at 36 N. 41st Street, Camp Hill, Pennsylvania, 17011. 02/16/2012 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: $88.58 SO ANSWERS, February 16, 2012 RON R ANDERSON, SHERIFF s Z ?? 4 ? 'p