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HomeMy WebLinkAbout08-6392COMMONWEALTH OF PENNSYLVANIA NOTICE OFCIVLGCASET~RANSCRIPT rni lnlrv nF• CUI~BRLAliD Mag. Dist. No.: 09-3-03 PI_F~INTIFF: NAME and ADDRESS rBRAlti, RIISSEL 1805 1PILLOII RD. CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS ~ ~xcxEEaA>~s, JEI~IIFER REisER 2201 CIRCLE ROAD CARLISLE, PA 17013 L J Docket No.: Cv-0000279-08 _ Date Filed: 7/31/08 MDJ Name: Hon. SIISAB Z. DAY Address: 229 1LILL ST, BOZ 167 is[T. HOLLY SPRII~GB, PA Telephone: (717) 486-7672 17065 RIISSEL BRBAli< 1805 ~iILLO~i ~tD. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: FOR PLAII!<TIFF Judgment: (Date of Judgment) Judgment was entered for: (Name) BRS>tlRiE11LAN• RIISSEL 9/10/08 ® Judgment was entered against: (Name) MCZSEHAIS, JEI~TIFER RSIBSR in the amount of $ 832.9 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits ~, Post Judgment Costs $ ~y.vv $ - $ 832.971 ~______=====I Certified Judgment Total $ 832.97 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 JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURT1iER 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. - - ~ Date ,Magisterial District Judge I certify that this is a true correc opy of the reco d of oc a mgs containing the judgment. ~~~~ Date ,Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 10/20/08. 2:23:00 P~[ n ~' cam ~ o .: ~~ ~~ N ~ ~ ~~ , ~ ~ ~ ~ T , - ~'-~~ ~"~ 7ee• ~ ,_ -r; ~~ m ~~ _ ~ w -- -{ ~~ ~J r ` r Russel Brenneman F t k 1 1805 Willow Rd Carlisle, PA 17013 15 2: Plaintiff In Pro Per ? ..19t�t hLriiJ Cl1Jr+_4 3 ;" PENNSYLVANIA 4 Cumberland County Courthouse 5 6 ) Case No.: 08-6392 Russel Brenneman, 7 ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, OF JUDGMENT 8 vs. 9 Jennifer Reiber Mckeeham 10 ) Defendant ) 11 12 COMES NOW Russel Brenneman, Plaintiff in the within matter and hereby provides the 13 following in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 9/10/08. 15 2) THAT Plaintiff Russel Brenneman was awarded against Defendant Jennifer Reiber 16 Mckeeham the sum of$832.97. 17 3) THAT there have been no renewals since the entry of said judgment by this court and thai 18 Plaintiff Russel Brenneman has received $0.00 of judgment from Defendant Jennifer 19 Reiber Mckeeham. 20 4) THAT Russel Brenneman of 1805 Willow Rd Carlisle, PA 17013 is the judgment 21 creditor of record. 22 5) THAT the last address of record for the judgment debtor is 2201 Circle Rd Carlisle, PA 23 17013. 24 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and 25 interest in the within judgment to the following person: 26 Michael Carducci /� 27 *K .Sb p C D/B/A MDC Judgment Recovery !` 28 CosA PO BOX 52 Mount Holly Springs, PA 17065 717-609-0178 )2 29672 "Acknowledgment of Assianment of Judgment" - 1 1 2 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery, 3 to recovery, compromise, settle and enforce said judgment and I withdraw all right and 4 claim to same. 5 6 Signed this cl day of 061 , 20 L3 at 7 8 COMMONWEALTH OF PENNSYLVANIA 11. NOTARIAL SEAL Andrew Shoemaker, Notary Public 9 Newville Borough, Cumberland County Russel Brenneman My Commission Expires January 10,2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Acknowl edcnaent of Assi crnment of Judgment" - 2 • 231 Pa. Code Rule 3253. Interrogatories in attachment. 1'Gr Pennsylvania Tin US * NEXT - C:;': -ANT 'roc anS1AJ V' 411 Rule 3253. Interrogatories in attachment. Interrogatories of the plaintiff to the garnishee form: /!,( C ).1t6pile t ilecavtty Po baX 1174 /K}. /iof(y SPMA tS� ,P4 (7 06 (Caption) Interrogatories to Garnishee To fil'mod(ores} Nsth't"' a°Hk (Garnishee) Page 1 of 4 shall be substantially in the following 7erlr iY-ter i(r kev kk 0( /¢!r* 7e ' ;Or 4e; ler /yckee4vv1 You are required to file answers to the following interrogatories within twenty after service upon you. Failure to do so may result in judgment against you: c; 1. At the time you were served or at any subsequent time did you owe the defendat any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Ic\Q a ccaktv 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? 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? 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 direction or consent and if so what was the consideration therefore? 1,6\ 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 the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at1th time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds 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 http://www.pacode.com/secure/data/231/chapter3000/s3253.html 6/30/2014 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 2 of 4 Federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. 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. (The plaintiff may set forth additional appropriate interrogatories.) Explanatory Comment Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes are exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides, 42 U.S.C. § 407: § 407. Assignment; amendment of section (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Section 407 provides that not only are future payments exempt from execution but so too are the funds once they have been deposited in the recipient's account in a bank or other financial institution. Prior to the present amendments, the Pennsylvania Rules of Civil Procedure did not comply with these provisions. The writ of execution under Rule 3252, paragraph 2(b), provided that "the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof." The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1. The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached. The amendments are as follows: 1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of "funds on deposit in a bank or other financial institution in an account 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." http://www.pacode.corn/secure/data/231/chapter3000/s3253.html 6/30/2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA — CIVIL DIVISION MDC Judgment Recovery vs. Jennifer McKeeham; Jennifer Reiber VERIFICATION Plaintiff Case No. 08-6392 Defendant I, Kinzi Johnson , hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: July 1, 2014 By: Ki i Johnson; Legal Clerk Wd dforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 — Phone 832-375-3071 — Fax 9000n000d -01 1 -nicad Lo:Et vl (-0E-90 03/11333e0 Pcnnsylvania l'itEVIOUS PI J - fultE 'kizb*N.N.;_ck ri u4)(.: PinSiNeXC Rule 3253. Interrogatories in attachment. Interrogatories of the plaintiff to the garnishee form: /VD C 7ut1Aleol Xvcovery P0 if3Of lock (Caption) holly 6.11,4*( /4, 17065, Interrogatories to Garnishee To Mta Adrot : (Garnishee) shall be substantially in the following 11.7 -thin t`fer /t4 f ket fictOc 4#4 TC1/1 t‘f QC Rp; be r V You are required to file answers to the following interrogatories within twe after service upon you. Failure to do so may result in judgment against you: ays 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in pa y the defendant? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? Oci 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? .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 direction or consent and if so what was the consideration therefore? t.) 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 the defe dant's direction or otherwise discharge any claim of the defendant 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 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 http://www.pacode.com/secure/data/23 lichanter3000/s3253.html 90 39vd T- : TO V TOUOE /90 90004000d -01 l-Vtl0il3 LO: E l Il ,-0E-90 03A13035 Federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. 13) 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 eacccount. (The plaintiff may set forth additional appropriate interrogatories.) PO09 i - Explanatory Comment 0�•4 R� Numerous federal and state statutes provide that funds paid to individuals pursuant to '-`41/�`�S the statutes are exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides, 42 U.S.C. § 407: § 407. Assignment; amendment of section (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Section 407 provides that not only are future payments exempt from execution but so too are the funds once they have been deposited in the recipient's account in a bank or. other financial institution. Prior to the present amendments, the Pennsylvania Rules of Civil Procedure did not comply with these provisions. The writ of execution under Rule 3252, paragraph 2(b), provided that "the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof. " The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1. The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached. The amendments are as follows: 1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of "funds on deposit in a bank or other financial institution in an account 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." Melissa M Peters M$�T bent. ,Ya 17 ) �tti �L� http://www.pacode.com/secure/data/231 /chanter3(100/.s37 Sq hrr.,1 be 39 d r T- LO :TO la -/arise 231 Pa. Code Rule 3253. Interrogatories in attachment. rin Pennsylvania Afttg Page 1 of 4 Pit1:W4)s • INI:t 1' t.:11ArTEla. • .1.€fLE 1.314-.)W`a.h 'T•d:x: roc; rr SWv/s +b Rule 3253. Interrogatories in attachment. � bS-b3ga Interrogatories of the plaintiff to the garnishee shall be substantially in the following form: /40( rademt Recov(/ Y Tenth fr A+( -tee trait! {fit) ZOIC (O a I • OFitr4 Teac er /213;6er /cupola!m (Caption) pyi-. doily 5144y, /914 I1°6) Interrogatories to Garnishee To frieftil i,a4th : (Garnishee) 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: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has no accounts''' 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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? L)1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? tr, 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant hac1 an interest? 5. At any time before or after yo (were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? n` IA 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 the defendant's direction or otherwise discharge any claim of the defendant agaiiinnst you? Pt 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 electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy orattachmentunder Pennsylvania or Iv , http://www.pacode.com/secure/data/231/chapter3000/s3253.htm1 6/30/2014 co 39 d Z- bO:TO PTOZ/06/90 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish Levy Specialist (Title) (Name) of Metro Bank, garnishee herein, (Company) that he/she 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/her knowledge, information and 9, belief. ATURE THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite] 00 • Carlisle, PA • 170) 3 (717)240-6195 www.ccpa.net MDC JUDGMENT RECOVERY Vs. NO 08-6392 Civil Tenn CIVIL ACTION -- LAW JENNIFER MCKEEHAM A/K/A JENNIFER REIBER WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against JENNIFER MCKEEHAM A/KJA JENNIFER REIBER, 2201 CIRCLE RD., CARLISLE, PA 17013 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of JENNIFER REIBER A/K/A JENNIFER R. IVICKEEHAM IS BELIEVED TO BANK AT M&T BANK, 1 W. HIGH ST., CARLISLE, PA 17013. METRO BANK AT 20 NOBLE BLVD., CARLISLE, PA 17013 WOODFOREST NATIONAL BANK, 60 NOBLE BLVD., CARLISLE, PA 17013 GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which 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, (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all 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. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less, If Z0 3917d Z— 170 :T0 t'ZOZ/0E/90