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HomeMy WebLinkAbout08-6643t 2048623 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A WALMART 4125 Windward Plaza Drive Alpharetta,GA 30005 vs. Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : d$ - 6683 aiv; t o ff NOTICE 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 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 JUDGEMENT 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $1,969.13. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,969.13 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 4/7/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,969.13 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NBERG, ESQUIRE JOEL M. FLINK, V-qQUIRE Attorney for Plaintiff P01A GE FINANCE-POST VERIFICATION 2048623 I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. 54904 which provides for certain penalties for making fals4e/otatements. Name EXHIBIT "A" 2244 Karyn Totty s s s - MW ?e 6032201400875996 2048623 GE FINANCE-POST AFFIDAVIT P II HIM being duly served I, sworn according to law, "WHe and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 6032201400875996in the amount of $1,969.13; and 6. if called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correc o the best of my knowledge, information and belief. (Name of Affiant) Sworn to and subscribed before me this AC U day L o 200 Notary P is ,,?p11111q///?? %11 61 a J0* ? fro .+?` °'? FtOtit7tC? i? ? ? ??? ?ot8ry is = N OI ??? = Qty Be! 'Oubl%c J C?+` Ount Document Name: Helene Thomasom TOTTY, KARYN ACCT# 6032201400875996 C/O DEBT REMEDY SOLUTIONS REF DATE 11/19/07 MEACHANICSBURG, PA 00000 NCI-ID 07324179196 REF AMT 1,969.13 GE FINANCE BAL DUE 1,969.13 ******************************************************************************* S T A T E M E N T O F A C C O U N T TRANSACTION DATE AMOUNT BALANCE ------------------------ -------- -------------- -------------- ******** LAST ACTIVITY ******** Date: 6/11/2008 Time: 2:22:53 PM -64- 06 96 O T V ci ?. -77 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06643 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE MONEY BANK TOTTY KARYN VS VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TOTTY KARYN the DEFENDANT , at 1837:00 HOURS, on the 12th day of November-, 2008 at 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050-2821 by handing to KARYN TOTTY 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 ir/Wof 1)" So Answers: 18.00 14.00 _ 00 10.00 R. Thomas Kline .00 42 00 11/13/2008 GORDON & WEINBERG Sworn and Subscibed to before me this of By. day Deputy Sheriff , A. D. 2048623 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A WALMART VS. Karyn Totty COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6643 PRAECIPE-FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $1,969.13 $1,969.13 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: GE MONEY BANK D/B/AWALMART and that the last known address of defendant, Karyn Totty, 6325 Chesterfield Ln, Mechanicsburg PA 17050-2821. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of _ JL UQJV, 2009 Judgment is entered in favor of the plaintiff(s) and aga nst defendant(s) by default for want of an answer and damages assessed at the sum of , $1,969.13 as per the above cer 'fication. Proth otary GORDON & WEINBE G, P.C. BY: FREDE C WEINBERG, ESQUIRE JOEL F INK, ESQUIRE Attorney for Plaintiff 2048623 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A WALMART COURT OF COMMON PLEAS CUMBERLAND COUNTY Karyn Totty TO/PARA VS. DOCKET NO. : 08-6643 NOTICE OF INTENTION TO TAKE DEFAULT Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 DATE OF NOTICE/FECHA DEL AVISO: December 3, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY FRED I WEINBERG, ESQUIRE JOE,/ M. FLINK, ESQUIRE PLOD-2 ?. s ON ?w 0 >^s '?. 4., 2048623 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A WALMART COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 08-6643 Karyn Totty NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X1 Judgment by Default $1,969.13 Money Judgment $ L_L Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 A16 J*d P THONOTA RECEIVEp '~~ " ~ ~' SEP $ 02010 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 489/351-0500 GE MONEY BANK D/B/A WALMART 9125 Windward Plaza Drive Alpharetta,GA 30005 vs. Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 and Members 1st FCU 1711 Spring Road Carlisle PA 17013 " GARNISHEE COURT OF OMMON PLEAS CUMBERLAN COUNTY DOCKET NO. TO: Members 1st FCU - GARNISHEE You are required to within twenty (20) result in judgment l7 ~ N c, '~ --z ,.~ ~ c, -i ~ ~~ ~~ m ~ ~ ~~ r- ~,, ~ ~ c~a ~ ~ 'T1 ~ ~~ ~'r1 ~ ~". -t t..a ~ -~. ~..~ file answers to the followin~ Interrogatories days after service upon you. Failure to do so may against you. 1. At the time you were served or did you owe the defendant(s) an liable to the defendant on any written instrument, or did the you owed the defendant any mone defendant for any reason? NO 08-6643 t any subsequent time money or were you egotiable or other efendant claim that or were liable to the 2: At the time you were served or ai was there in your possession, cu: the joint possession, custody or and one or more other persons any nature owned solely or in part b~ N© 3. At the time you were served or ai did you hold legal title to any owned solely or in part by the k defendant held or claimed any ink V~ 0 9. At the time you were served or a did you hold as fiduciary any pr defendant(s) had an interest? ~0 5. At any time before or after you defendant(s) transfer or deliver or to any person or place pursua or consent and if so what was th therefore? ~ any subsequent time tody or control or in control of yourself property of any the defendant. any subsequent time roperty of any nature efendant or in which Brest. any subsequent time erty in which the ere served did the any property to you t to your direction consideration 6. At any time after you were serve transfer or deliver any money o defendant(s) or to any person o. his(her, their) direction or ot: claim of the defendant(s) again, 7. If you are a bank or other fina the time you were served or at did the defendants} have funds account in which funds are depo a recurring basis and which are funds that upon deposit are exe levy or attachment under Pennsy If so, identify each account an the exemption, the amount of fu the amount being withheld under entity electronically depositin recurring basis. 8: If you are a bank or other fina the time you were served or any the defendant(s) have funds on in which the funds on deposit, otherwise exempt funds, did not the general monetary exemption If so, identify each account. 9. How much is the value of any pr possession belonging to the def ~~ ,~ jd DATED: FREDERIC I. WE JOEL M. FLINK, ; Attorney for Pl, d did you pay, property to the place pursuant to erwise discharge any t you? ,~O cial institution, at ny subsequent time, on deposit in an ited electronically on identified as being pt from execution, vania or federal law? state the reason for ds in each account, each exemption and the those funds on a ~b cial institution, at subsequent time did eposit in an account of including any exceed the amount of nder 42 Pa.C.S. §8123? ~l e s perty in your ndant(s)? IBF ESQUIRE ;SQUIRE ~intiff ` St MEMBERS 1St FEDERAL CREDIT UNION September 20, 2010 Karyn L Totty 6325 Chesterfield Lane Mechanicsburg Pa 17050 Account Number: XXX504 Name on Account: Karyn L Totty Savings: $5.00 -5.00 (Membership $0.00 Checking: $822.99 50.00 (Processing $772.99 Account Number: XXX339 Name on Account: Savings: Danielle J Totty Karyn L Totty (joint) $5.00 -5.00 (Membership F $0.00 Checking: $4.09 Danielle has Social Security being deposited electronically i $300.00 Statutory Exemption was not taken out. ~ ~~ Jo L Burkholder Deposit Operations Analyst 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 • this account. 283-2328 wwwmemberslst.org GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2048623 GE MONEY BANK D/B/A WALMART 4125 Windward Plaza Drive Alpharetta,GA 30005 VS. Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 and Members 1st FCU 1711 Spring Road Carlisle PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6643 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against --a 0- rn j rn c.? A c-n Raryn Totty O defendant (s)and / *a+d. So Pb (2) against 4,2. 00 0j5F Members lot PCU 78.50 1, garnishee(s) A oo ^ 0.50 11 (3) AMOUNT DUE $1,969.13 PD Al7Y - INTEREST I (ol .50 from January 9, 2009 $202.98 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL 4.2. oo iJweCn 50 LL FREDERIC I. WEI , ESQUIRE JOEL M. FLINK, ESQUIRE of 13015 Attorney for Plaintiff '?Lj7`107 U)rii *49uad WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6643 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MONEY BANK d/b/a WALMART, Plaintiff (s) From KARYN TOTTY, 6325 Chesterfield Ln, Mechanicsburg, PA 17050-2821 (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: MEMBERS 1sT FCU, 1711 Spring Road, Carlisle, PA 17013 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 $1,969.13 L.L.$.50 Interest from 1/9/09 -- $202.98 Atty's Comm % Atty Paid $161.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 9/3/10 (Seal) REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 /S/ ?G?'lLt?JuQ? David D. uell, Protho o1wil By: ? I , " r: Deputy Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy -II_EC CEI=ICE 2010 SSE' 2 l PrI 2= 26 Richard W Stewart Solicitor "UMDER'LAI'ID COWT? GE Money Bank d/b/a Walmart vs. Karyn Totty SHERIFF'S RETURN OF SERVICE Case Number 2008-6643 09120/2010 09:40 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Karyn Totty, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Denise Harman, Assistant 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 her. The writ of execution and notice to defendant was mailed on September 21, 2010 to Karyn Totty at 6325 Chesterfield Lane, Mechanicsburg, PA 17050. SO ANSWERS, 21 September 21, 2010 RON R ANDERSON, SHERIFF i? ae R rric , Dep C GowitySuitc Sh2nff. 7e,ec oft --c GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 , 21?? f 2 GE MONEY BANK D/B/A WALMART VS. Karyn Totty and Members lst FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6643 PRAECIPE TO DISSOLVE ATTA'1' TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Members 1st FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: Poll FREDERIC I WEIN RG, ESQUIRE JOEL M. FL NK, SQUIRE Attorney fo Plaintiff Qs a6fA- 4,01 ?c (337f 7 ?!9 538" I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ck THE PR THONOTARY 2911 APR 15 PM 1: 10 CUMBERLAND COUNTY PENNSYLVANIA SHERIFF'S OFFICE OF CUMBERLAND COUNTY its xS ei 4louttrr v GE Money Bank d/b/a Walmart vs. Karyn Totty Case Number 2008-6643 SHERIFF'S RETURN OF SERVICE 09/20/2010 09:40 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Karyn Totty, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Denise Harman, Assistant 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 her. The writ of execution and notice to defendant was mailed on September 21, 2010 to Karyn Totty at 6325 Chesterfield Lane, Mechanicsburg, PA 17050. 04/14/2011 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: $87.50 April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B aron R. Lantz ? _ G? fed • ?v ,a ScunrySite Sheaf. ?2iaosort. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6643 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GE MONEY BANK DB/A WALMART Plaintiff (s) From KARYN TOTTY, 6325 CHESTERFIELD LANE, MECHANICSBURG, PA 17050-2821 (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: MEMBERS 1sT FCU, 401 EAST KING STREET, SHIPPENSBURG, PA 17257 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$1,476.14 L.L. $ Interest FROM JANUARY 9, 2009 - $413.72 Atty's Comm Atty Paid $283.50 Plaintiff Paid Due Prothy $2.25 Other Costs Date: AUGUST 21, 2012 (Sal} REQUESTING PARTY: Name : FR)~DERIC I. WEINBERG, ESQUIRE Address: GURDON &WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 avid D. Buell, Prothonotary Deputy 2048623 GORDON & WEINBERG, P.C. • "~Y: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ~_ s ~ ~ T~~ F~f~J HONOTARY' ?~2 ~~a ~ I ~~} 8~ ®~ ~t,"MI~ERLAND CQUNTY PEt~NSYLYANIA GE MONEY BANK D/B/A WALMART 4125 Windward Plaza Drive Alpharetta, GA 30005 vs. Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 and Members 1st FCU 401 East King St Shippensburg, PA 17257 GARNISHEE TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-6643 PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against Raryn Totty defendant(s)and (2) against Members 1st FCU garnishee(s) (3) AMOUNT DUE $1,969.13 INTEREST from January 9, 2009 $413.72 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $492.99) TOTAL Q~t ~q"~ a y a- ~ ''') ~. so11 /~ l l ~r I y . ~o o «., ~g.o~"" ~ ~3. So 1 a I FREDERIC EINBERG, ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff ~,~„ aS ~e. ~o. ~k~ /~S2a~ ~~~~~~~~ ~~~,~ ~ ~x S~~ i CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: JOEL M. FLINK, ESQUIR Identification No.: 1001 E. Hector Street, Ste Conshohocken, PA 19428 484/351-0500 ~~i~f~ERLAND COUNiY pEP~NSYLYANIA FtECENEt~ AUG $ 7 2~i2 GE MONEY BANK 4125 Windward Alpharetta,GA D/B/A WALMART Plaza Drive 30005 vs. Karyn Totty 6325 Chesterfield Ln Mechanicsburg PA 17050-2821 and Members 1st FCU 401 East King St Shippensburg, PA 17257 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-6643 ~wP,LS 1~0 INTERROGATORIES IN ATTACHMENT TO: Members 1st FCU - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 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 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 th 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 i 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. n0 3. At the time you were served or at any subsequent time did you hold legal title to any property of any natur owned solely or in part by the defendant or in which 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(s) had an interest? r10 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 direction or consent and if so what was the consideration ESQUIRE ~~ ii_.'~..~-E:i~ ~ ~~.~. 41360 _ isV I~~i~~~~~~~~fii E 220 41200 ~tiiL Q~~i 29 1 ~7 ~~ ~~ RECEhIED AUG 8 ~ 212 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 his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? n0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically o 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 of funds in each account, the amount being withheld under each exemption and th 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 any subsequent time did the defendant(s) 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. X812 ? If so, identify each account.~~s ~C,~lhl~ ~~t ~ ~~~A~ ~ J 1 /. 9. How much is the value of any property in your ~.// possession belonging to the defendant(s)? FREDERI WEINBERG, ESQUIRE ~ JOEL M. FLINK, ESQUIRE Attorney for Plaintiff ~/` ~ ~ 2/ DATED : `x SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor CN'~1ip Ot ~ultl;Q~p~}~~~ Cr ~ ~ t x~.~ k i~; a~, QFF1~6f.=-•,E ak~ftlf~ t".:^ ~ ~, ~ -~•, "" ~ ~ ~~ ~ c "~ ~ *~~ ~ c~T GE Money Bank d/b/a Walmart Ca~ml~8r ~ vs. 200 - 64'~ Karyn Totty ~ -~- SHERIFF'S RETURN OF SERVICE 08/23/2012 12:48 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Karyn Totty, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 401 E King Street, Shippensburg, Cumberland County, Pennsylvania, by handing to Mary Mcf_aughlin, Member Service Representative 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 her. The writ of execution and notice to defendant was mailed on August 24, 2012 to Karyn Totty at 6325 Chesterfield Lane, Mechanicsburg, PA 17050-2821. SO ANSWERS, August 24, 2012 RON R ANDERSON, SHERIFF Noah Cline, Deputy rcj ~eunySuite Sheriff, "(eleoseft, Ine. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,y R Anderson `dF !'� Jody S Smith Chief Deputy 2013 MAR 19 PM 3: 14 - Richard W Stewart `: CUMBERLAND CUUNTY Solicitor OFFiCE OF THE SKRIrr PENNSYLVANIA AMENDED GE Money Bank d/b/a Walmart Case Number vs. 2008-6643 Karyn Totty SHERIFF'S RETURN OF SERVICE 08/23/2012 12:48 PM-Noah Cline, Deputy Sheriff,who being duly sworn according to law, states that on August 23, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Karyn Totty, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union,401 E ILCing Street, Shippensburg, Cumberland County, Pennsylvania, by handing to Mary McLaughlin, Memiker Service Representative 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 her. The writ of execution and notice to defendant was mailed on August 24, 2h42 to Karyn Totty at 6325 Chesterfield Lane, Mechanicsburg, PA 17050-2821. 03/18/2013 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: $102.17 SO ANSWERS, �'�~`" March 18, 2013 RON R ANDERSON, SHERIFF . D 5-fe (� ek-s 94 yy �01'el (ci CountySuite Sheriff,Teleosoft..Inc. ;;3 Orr _2 PH r. 2048623 GORDON & WEINBERG, P.C. k "� BY: FREDERIC I . WEINBERG, ESQUIyt ' ':itt� ;(j CCU ` Identification No. : 41360 PEN S' 1_E i ��l� JOEL M. FLINK, ESQUIRE Identification No. : 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK D/B/A WALMART COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 08-6643 Karyn Totty MEMO SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 22Nov13, it is suggested of record that Defendant, Karyn Totty, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about November 19, 2013, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1305943 . Therefore, this matter EaE should be stayed until further notice. GORDON & WEINBERG, P. . //6 BY: FREDERIC I . INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff JILIF I'i 30 AM : cw CUMBERLAND O01,U,", r °, IN THE UNITED STATES BANKRUPTCY COURT PENNSYLVANIA FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KARYN LYNN TOTTY Debtor KARYN LYNN TOTTY Movant v. . CHAPTER 7 . CASE NO. 1:13 -bk -05943 GE MONEY BANK D /B /A WALMART . Respondent ORDER CERTIFIED FROM THE RECORD this day of , 20 LV C - rk, UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(0 of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of GE MONEY BANK D/B /A WALMART in the approximate amount of $1,969.13 entered in Cumberland County at docket number # 08 -6643 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. Ati A 3 C/ 5ii' Dated: December 16, 2013 By the Court, Case 1:13 -bk- 05943 -MDF Doc 12 Filed 12/16/13 Entered 12/16/13 12:58:27 Desc Main Document Page 1 of 1