HomeMy WebLinkAbout08-6954
1
Unifund CCR Partners assignee of Palisades
Collection, LLC
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
Plaintiff
V9.
PENNY R WICKARD
16 YANKEE DR
MOTJNT HOLLY SPRING PA 17065
Defendant
To the Prothonotary of CUMBERLAND County:
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO: b$ - 054 Clivit Terti
PRAECIPE FOR ENTRY OF JUDGMENT
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice.
A) Date of Instrument:
B) Amount of Judgment: $1,761.63
C) interest From:
2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in
the instrument) in favor of the assignee or other transferee;
3) 1 hereby certify that the address of the plaintiff is:
Unifund CCR Partners assignee of Palisades Collection, LLC
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
4) I hereby certify that the address of the defendant is:
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Michael F. Ratchford, Esquire
Edwin A. Abrahamsen & Associates, P.C.
1729 Pittston Ave,
Scranton, PA 18505
570-558-5510 Ext. 101
Attorney ID 86285
micnaei r. Aawniuru„
COMMONWEALTH OF PENNSYLVANIA
(;C)I INTY OF- CUMBERLAND
Mag. Dist. No.:
09-3-03
MDJ Name' Hon.
SUSAN K. DAY
Address: 229 DILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rUNIFUND CCR PARTNERS
1729 PITTSTON AVE
C/O E.A. ABRAHAMSEN
LSCRANTON, PA 18505 J
VS.
DEFENDANT: NAME and ADDRESS
r*ICKARD, PENNY R
16 YANKEE DR
MT HOLLY SPRINGS, PA 17065
UNIFUND CCR PARTNERS L J
1729 PITTSTON AVE Docket No.: CV-0000271-08
C/O E.A. ABRAHANSEN Date Filed: 7/30/08
SCRANTON, PA 18505
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 9/04/08
1XI Judgment was entered for: (Name) UNIFUND CCR PARTNERS
® Judgment was entered against: (Name) NICKARD, PENNY R
in the amount of $ 1, 761.6
? Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
F1 This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
El Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 1,682.63
Judgment Costs $ 79.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,761.63
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ 1,961.63
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK 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 FURTHER PROCESS MUST
1 QME.Ffl IHB COURT QF4Q?MMON PLEAS AND:MQ.EURTMER PROCESS MAY BEASSUED$Y 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.
'oU
Date Magisterial District Judge
I certify that this is a true d orrec copy of the rec roc edings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2910
AOPC 315-07
SEAL
1:33:00 FM
DATE PRINTED: 10/17/08
1
Unifund CCR Partners assignee of Palisades
Collection, LLC
c/o Edwin A. Abraliamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
Plaintiff
VS.
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Defendant
State of Pennsylvania
County of CUMBERLAND SS:
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO:
AFFIDAVIT UNDER SOLDIERS AND SAILORS
RF.I_ IEF CIVIL RELIEF ACT OF 1940 AS
AMENDED
Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the
above named defendant(s): PENNY R WICKARD is(are) not in the military service of the
United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as
amended;
That the defendant(s): PENNY R WICKARD is(are) older than eighteen years of age;
That the employment status of the defendant(s): PENNY R WICKARD is(are) unknown.
.;qf ?
W ?`= ??,
Unifund CCR Partners assignee of Palisades
Collection, LLC
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
Plaintiff
VS.
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Defendant
In the Court of Common Pleas of
CUMBERLE,ND County; Pennsylvania
Civil Division
NO:
NOTICE OF FILING JUDGMENT
Notice is herby given that a money judgment in the above-captioned matter has been entered
against you in the amount of $ 1 7(01, toA ` on ll y1OR
By:
If you have any questions regarding this notice, please contact the filing party:
Edwin A. Abrahamsen & Associates
1729 Pittston Avenue
Scranton, PA 18505
Telephone: (570)-558-5510
(Notice is given in accordance with PA Suprem+: Court Rule of Civil Procedure No. 236)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners
assignee
of Palisades Collection, LLC
Plaintiff :
VS.
PENNY R WICKARD ,
Defendant
CIVIL DIVISION
NO: 2008-06954
PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES TO
INTERROGATORIES IN AID OF EXECUTION
Plaintiff, Unifund CCR Partners assigneeof Palisades Collection, LLC, by and
through its attorneys, Edwin A. Abrahamsen &Associates, P.C., files its Motion to
Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows:
1. Plaintiff, Unifund CCR Partners assigneeof Palisades Collection,
LLC,obtained a judgment against the Defendant in regard to an outstanding, past due and
defaulted credit card account.
2. On December 05, 2008, Plaintiff served Defendant with Interrogatories in
Aid of Execution on the subject judgment. (See, Interrogatories in Aid of Execution dated
December 05, 2008, attached hereto and marked Exhibit "A ". )
3. Defendant failed to respond to the Interrogatories in Aid of Execution
within the time permitted by the Pennsylvania Rules of Civil Procedure.
4. On January 09, 2009, Plaintiff sent a letter to remind the Defendant of the
past due responses and his duty to provide the same. (See, Correspondence to
Defendant, attached hereto and marked Exhibit "B ". )
5. Defendant still failed and refused to respond to the Interrogatories in Aid
of Execution or respond to Plaintiffs counsel in any manner.
6. On January 30, 2009, Plaintiffs counsel notified Defendant that he
intended to present to the court the within Motion to Compel Defendant's Response to
Interrogatories in Aid of Execution if Defendant continued to fail to provide the
responses.
7. Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should
have responded to the Interrogatories within 30 days.
8. More than 30 days have passed since Defendant was served with the
Interrogatories in Aid of Execution.
WHEREFORE, Plaintiff request this Honorable Court to grant the within Motion
to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct
Defendant to provide full and complete response to the Interrogatories in Aid of
Execution within 20 days upon penalty of sanctions, and that Plaintiff be awarded
attorney's fees, costs and such other relief as the court deems just and appropriate.
submitted,
Edwin A. Abrah sen & Associates, P.C.
Michael F. Rat ford, Esquire
Heather K. druff, Esquire
Attorney I. os: 86285/207805
120 North eyser Ave
Scranton, Pa 18504
Phone: 570-558-5510
Fax: 570-558-5511
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners
assignee
of Palisades Collection, LLC
CIVIL DIVISION
Plaintiff
VS.
PENNY R WICKARD
Defendant
NO: 2008-06954
PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO COMPEL
DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF
EXECUTION
Plaintiff, Unifund CCR Partners assigneeof Palisades Collection, LLC, by and
through its attorneys, Edwin A. Abrahamsen & Associates, P.C., submits its Brief in
Support of its Motion to Compel the Defendant's Responses to Interrogatories in Aid of
Execution as follows:
1. STATEMENT OF FACTS
Plaintiff, Unifund CCR Partners assigneeof Palisades Collection, LLC, obtained a
judgment against the Defendant in regard to an outstanding, past due and defaulted credit
card account. On December 05, 2008, Plaintiff served Defendant with Interrogatories in
Aid of Execution of the subject judgment. (See Interrogatories in Aid of Execution,
dated December 05, 2008, attached hereto and marked Exhibit "A.') Defendant failed to
respond to the Interrogatories in Aid of Execution within the time permitted by the
Pennsylvania Rules of Civil Procedure.
On January 09, 2009, Plaintiff sent a letter to Defendant concerning the past due
responses. (See Correspondence attached hereto and marked Exhibit "B.'? Plaintiff still
failed and refused to respond to the Interrogatories in Aid of Execution or respond to
Plaintiffs counsel in any manner. On January 30, 2009, Plaintiffs counsel notified
Defendant that he intended to present to the court the within Motion to Compel
Defendant's Response to Interrogatories in Aid of Execution if Defendant continued to
fail to provide the responses. Pursuant to the Pennsylvania Rules of Civil Procedure
Defendant should have responded to the Interrogatories within 30 days. More than 30
days have passed since Defendant was served with the Interrogatories in Aid of
Execution.
II. QUESTION PRESENTED
Whether Plaintiffs Motion to Compel Defendant's responses to discovery requests
should be granted when the responses are more than 30 days past due.
Suggested answers: Yes
III. LEGAL ARGUMENT
Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have
responded to the Interrogatories in Aid of Execution within thirty (30) days after service
thereof.
More than thirty (30) days have passed since defendant was served with the
Interrogatories in Aid of Execution, however, Defendant has not answered, objected or
responded in any manner to the Interrogatories or to the notice sent by Plaintiffs counsel.
IV. CONCLUSION
Plaintiff requests this Honorable Court to grant the within Motion to Compel
Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to
provide full and complete response to the Interrogatories in Aid of Execution within
twenty (20) days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees,
costs and such other relief as the court deems just and appropriate.
Respectfully submitted,
Y
Edwin A. Abrah n & Associates, P.C.
Michael F. Ratc rd, Esquire
Attorney 1.
D. .. 86285
VERIFICATION
I, Michael F. Ratchford, Esquire, attorney for Plaintiff, Unifund CCR
Partners assigneeof Palisades Collection, LLC am fully familiar with the facts set forth in
the within Motion to Compel Defendent's Response to Interrogatories in Aid of
Execution and am authorized to make this Verification on behalf of Plaintiff. I verify that
the facts set forth in the within Motion are true and correct to the best of my knowledge,
information and belief. I know that any false statements are punishable by law pursuant to
18 C.S.A. §4904.
EDWIN A. ABRAHAMSEN
MICHAEL F. R U
HEAT' THE LAW OFFICE OF
HER K: WOODRUFF' EMINA.ABR.-ifMASEN& r SSOCLAYh+.PAC
ALSO A MEMBER OF FL BAR
WWWX-AA-L.AW.COM
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
December 5, 2008
RE: Unifund CCR Partners/FIRST USA BANK NA vs. PENNY R WICKARD
File # U08-0357 Balance: $1,708.08
Dear Sir/Madam:
Enclosed please find Interrogatories for Discovery of Assets in Aid of Execution, which
have been propounded in accordance with the applicable Pennsylvania Rules of Civil Procedure.
Full and complete instructions concerning your duty-to Answer and the penalties for failure to
Answer are contained in the Interrogatories. Please read the instructions carefully.
You are to note your answers on the original and return it to this office after it is properly
notarized.
Please be aware that under the Rules of Court, we can and will, have our attorney's fees
and expenses of all discovery Proceedings and Sanction Hearings charged against you as
"additional costs" for which you will be responsible.
In the alternative, you may make arrangements to pay the balance owed before the thirty
(30) days to Answer the Interrogatories expire. Either the balance must be paid to us or the
Interrogatories answered within thirty (30) days from the receipt of this letter.
This is an attempt to collect a debt and any information obtained will be used for that
purpose. This is a communication from a debt collector.
Edwin A. Abrahamsen & Associates, P.C.
Heather K. Woodruff, Esquire
1729 PITTSTON AVENUE MANTON, PA 18505 (P) 570.558.5510 (F) 570.558.5511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
Unifund CCR Partners, assignee of
FIRST USA BANK NA
Plaintiff
-vs-
PENNY R WiCKARD
Defendant
NO.2008-06954
INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION
DIRECTED TO JUDGMENT DEBTOR
Because you have failed to pay the full amount of the Judgment previously entered
against you, the Judgment-Creditor, to who you are indebted, has a right to attempt to enforce
that Judgment by a Judicial Sale (Sheriffs Sale) of your assets; and has a right to inquire
concerning the existence and location of those assets.
Therefore, pursuant to the applicable Rules of Court, you are required to make full and
complete Answers to the questions set forth in the following pages. These Answers must be
made in writing, under oath, within thirty (30) days after service upon you.
You are warned that, should you fail to do so, the Court may make an Order imposing
punishment for Contempt of Court.
Please, if you do not understand your duty to answer these questions, you should consult a
lawyer. If you do not have or know a lawyer, then you should find out where you can get legal
help, such as your local County Bar Association or Lawyer Reference Service.
PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL
PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION
" Rule 3 1 17. Discovery in Aid of Execution.
(a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution,
may, for the purpose of discovery of assets of the defendant, take the testimony of any
person, including a defendant or a garnishee, upon oral examination or written
interrogatories as provided by the rules relating to Depositions and Discovery ......
(b) All reasonable expenses in connection with the discovery may be taxed against the
defendant as costs if it is ascertained by the discovery proceedings that he has property
liable to execution" (emphasis added)
" Rule 4005. Written Interrogatories to a Party.
(a) ......any party may serve upon any other party written interrogatories to by answered by
the party served...... who shall furnish such information as is available......"
Rule 4006. Answers to Written Interrogatories by a Party.
(a) (1) Answers to interrogatories shall be in writing and under oath. The answers shall be
inserted in the spaces provided in the interrogatories. If there is insufficient space to
answer an interrogatory, the remainder of the answer shall follow on a supplemental
sheet.
(b) (2) Each interrogatory shall be answered fully and completely unless objected to, in which
event the reasons for the objection shall be stated in lieu of an answer.... The answering
party shall file and serve a copy of the answers and objections, if any, within 30 days
after the service of the interrogatories....."
"Rule 4419. Sanctions.
(a) (1) The court may, on motion, make an appropriate order if
(i) a party fails to serve answers, sufficient answers, or objections to written
interrogatories under Rule 4005....
(c) The Court, when acting under Subdivision (a) of this rule, may make......
(4) an order imposing punishment for contempt....." (emphasis added)
INTERROGATORIES
1. Please state the following:
(a) The full name, age and Social Security number of the person who is answering
these Interrogatories.
ANSWER:
(b) Phone number, address and how long at this address.
ANSWER:
2. REAL ESTATE: Do you have an ownership or interest in any real estate anywhere in the
United States? If so, set forth a brief description thereof, included the structure and lot size and
type of construction; the location, including the state, county and municipality; the volume and
page number of the official record thereof; and state'further whether you own is solely or together
with any other person or persons and give their full names and addresses.
ANSWER:
(b) If any of the above properties are mortgaged, supply the names and addresses
of lenders, the date and amount of the mortgage, where it is recorded, the monthly
payments and the balance now due.
ANSWER:
3. GOVERNMENT MUNICIPAL or CORPORATE BONDS: State whether or not you own
individually or jointly any corporate or government bonds. If so, include the face amount, serial
numbers and maturity date and state the present location thereof. If you own any of these Bonds
jointly with any other person or persons, give their name and address.
ANSWER:
4. STOCKS, SHARES or INTEREST: State whether or not you own any stocks, shares or
interest in any corporation, or unincorporated association or partnership interest, limited or
general and state the location thereof. Include the names and addresses of the organizations and
the serial numbers of the shares or stocks. If you own any of the Stocks, Shares or Interest jointly
with any other person or persons, give their name and address.
ANSWER:
5. ACCOUNTS: State whether or not you maintain any checking or savings accounts. If so, state
the name and location of the banks or savings and loan association or building and loan
association or credit union and the branch or branches thereof, the identification numbers of
those accounts, and the amount or amounts you have in each account. If you maintain any of
these jointly with another person, give their name and address. State whether safety deposit.
ANSWER:
6. PERSONAL PROPERTY: State whether or not you own any personal property. Include a
full description of all furnishings and any other items of personal property (including jewelry)
with full description, value and present location. State also whether or not there are any
encumbrances on that property and if so, the name and address of the encumbrance holder, the
date of the encumbrances, the original amount of that encumbrance, the present balance of that
encumbrance and the transaction which gave rise to the existence of the encumbrance. If you
own a personal property jointly with any other person or persons, give their name and address.
ANSWER:
7. MOTOR VEHICLES: State whether or not you own motor vehicles. Include a full
description of such motor vehicles including color, model, title number, serial number and
registration plate number. Also show the exact name or names in which the motor vehicles are
registered, the present value of those motor vehicles and their present location and place of
regular storage, garaging or parking. State also whether or not there are any encumbrances on
those motor vehicles and if so, the name and address of the encumbrance holder, the date of the
encumbrance, the original amount of that encumbrance, the present balance of the encumbrance
and the transaction which gave rise to the existence of the encumbrance.
ANSWER:
8. RENTAL INCOMES: State whether you are the recipient, directly or indirectly, of any
income for the rental of any real or personal property; and if so, state specifically the source of
payment, the person to whom such payments are made and the amount and date when those
payments are received.
ANSWER:
Edwin A. Abrahamsen & Associates, P.C.
DATED: ?j BY:
Atto eys for Plaintiff (s)
AFFIDAVIT
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
SS
Before me, the undersigned authority personally appeared
who, being duly sworn according to law, deposes and
says that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution
are true and correct to the best of the affiant's knowledge, infonnation and belief.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS DAY OF
,20
NOTARY PUBLIC
AFFIANTS SIGNATURE
AFFIANTS ADDRESS
TITLE OF OFFICIAL
EDWIN A. ABRAHAMSEN
MICHAEL F. RATCHFORO
HEATHER K. WOODRUFF'
`ALSO MEMBER OF FL BAR
94
THE LAW OFFICE OF
EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C.
WWW.EAA-LAW.COM
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065 January 9,
2009
RE: Creditor: Unifund CCR Partners
Original Creditor: FIRST USA BANK NA
Original Account Number: 5431430112775819
Balance Due: $1,717.76
Our File #: U08-0357
Dear PENNY R WICKARD:
You recently received a series of Interrogatories in Aid of Execution from Edwin A. Abrahamsen
& Associates, P.C. regarding a judgment that has been obtained against you by Unifund CCR
Partners assignee of Palisades Collection, LLC. According to the Pennsylvania Rules of Civil
Procedure, you had thirty days to provide this office with your reply to the interrogatories. To
date, my office has not received a reply. Please provide an answer to these Interrogatories, or
contact our office within the next 15 days, or appropriate steps may be taken with the court to
compel you to answer them. This is an important matter that requires your attention.
Very truly yours,
4 Heather K. Woodruff, Esq.
Edwin A. Abrahamsen & Associates, P.C.
This is a communication from a debt collector in an attempt to collect a debt. Any information
obtained will be used for that purpose.
1 729 PITTSTON AVE. 0 SCRANTON, PA 1 8505 0 (P) 570.558.551 0 0 (F) 570.558.551 1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners
assignee
of Palisades Collection, LLC
Plaintiff
VS.
PENNY R WICKARD
Defendant
CIVIL DIVISION
NO: 2008-06954
CERTIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct
copy of the within Motion to Compel Defendant's Responses to Interrogatories in Aid of
Execution, Brief in Support thereof, Notice of Presentation and Proposed Order via first
class United States Mail, postage prepaid on the date set forth below upon the following:
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Date:
BLED- FFICE
OF THE PROt KONOTAf?Y
2009 OCT -2 PM 12: 50
OCT zozoes6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners assignee
of Palisades Collection, LLC CIVIL DIVISION
Plaintiff :
vs.
NO: 2008-06954
PENNY R WICKARD
Defendant :
ORDER
AND NOW, this O 0 G)A
day of , 2009, Plaintiff
Unifund CCR Partners assignee of Palisades Collection, LLC's Motion to Compel
Defendant's Responses to Interrogatories in Aid of Execution is hereby GRANTED.
Defendant shall serve full and complete Answers, without objection, to Plaintiffs
Interrogatories in Aid of Execution within twenty (20) days of the date of this Order upon
penalty of sanctions.
J.
FILED-'J ri
OF THE ph C71 !???TAF?Y
2009 OCT 21 AM 11, 30
CUid'
JO B t -- (I ik4 . c L
P4?
?'4e
Unifund CCR Partners assignee of Palisades
Collection, LLC In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Plaintiff Civil Division
VS.
PENNY R WICKARD
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Defendant
VS.
M&T BANK
28 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257-8219
Garnishee
c,
Praecipe for Entry of Appearance
Kindly enter my appearance on behalf of Unif ind CCR Partners assignee of Palisades
Collection, LLC in the above-captioned matter.
Date: September 27, 2010
NO: 2008-06954
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a)
Unifund CCR Partners assignee of Palisades -
Collection, LLC In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania 7
Plaintiff Civil Division rl-
VS.
PENNY R WICKARD NO: 2008-06954
16 YANKEE DR
MOUNT HOLLY SPRING PA 17065
Defendant
PRAECIPE FOR WRIT OF EXECUTION AND
VS. ATTACHMENT
M&T BANK
28 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257-8219 (MONEY JUDGMENT)
Garnishee
To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania;
(2) Against: PENNY R WICKARD 16 YANKEE DR MOUNT HOLLY SPRING PA 17065
(3) And against: M&T BANK 28 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-8219
(4) and index this writ (a) against
Defendant(s) (b) against
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the
defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account
balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s):
208-52-8153;
(5) Judgment Amount
Interest
Clerks Fee
Sheriff
Poundage
Total
$1,761.63
$194.60
Date: September 27, 2010
0?4.s,/ #P9
Q. rQ ~ jr T
rF4.2,S.. -n- r
igin A. Abrahamsen
Attorney for Plaintiff
mratchford@a eaa-law.c
ozoo 0a
?i?# aslaz p
. . . .y
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6954 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF
PALISADES COLLECTION, LLC., Plaintiff (s)
From PENNY R. WICKARD,16 YANKEE DR., MOUNT HOLLY SPRING, PA 17065
(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 M & T BANK, 28 WALNUT BOTTOM RD., SHIPPENSBURG, PA 17257-8219 - ANY AND
ALL ACCOUNTS OF DEFENDANT(S) IN THE POSSESSION OF GARNISHEE, INCLUDING
BUT NOT LIMITED TO SAVINGS ACCOUNT BALANCES; CHECKING ACCOUNT
BALANCES; CERTIFICATES OF DEPOSIT; MONEY MARKET ACCOUNTS; CONTENTS OF
SAFETY DEPOSIT BOXES. DEFENDANT'S SSN(S): 208-52-8153
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined lom
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 $1,761.63
Interest $194.60
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
L.L. $.50
Due Prothy $2.00
Other Costs
Date: NOVEMBER 15, 2010
(Sea])
1? J
David Buell, honotary
By:
Deputy
RMQUESTING PAIRTY:
Name MIC IAEI_. F. RATCHFORD, ESQ.
Address: EDWARD A. ABRAHAMSEN & ASSOCIATES, P.C.
120 NORTH KEYSER AVENUE
SCRANTON, PA 18504
Attorney for: Plaintiff
Telephone: 570-558-5510
Supreme Court ID No. 86285
SHERIFF'S OFFICE OF CUMBERLAND COUNTY -
N
Ronny R Anderson ? =
Sheriff rn-
Jody S Smith
Chief Deputy C D
Richard W Stewart DC)
C>-.n
Solicitor
pa C)
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Unifund CCR Partners Assignee Of Palisades Collection, LLC Case Number
vs. 2008-6954
Penny R Wickard
SHERIFF'S RETURN OF SERVICE
11/24/2010 10:03 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November
24, 2010 at 1003 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Penny R. Wickard, in the hands, possession, or control of the
within named garnishee, M & T Bank, 28 Walnut Bottom Road, Shippensburg, Cumberland County,
Pennsylvania 17257, by handing to Kathy E. Nezat, Senior 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 November 29, 2010 to Penny R. Wickard at 1 E
Yankee Drive, Mt. Holly Springs, A 17065.
SO ANSWERS,
November 29, 2010 RON R ANDERSON, SHERIFF
,?? 7 f, - e--
Ti othy Black, Deputy
Unifund CCR Partners assignee of Palisades ? d -T7
Collection, LLC In the Court of Common Pleas of rn c o C-= -.4
CUMBERLAND County, Pennsylvania -.- rn rn
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Plaintiff Civil Division C
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vs.
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PENNY R WICKARD NO: 2008-06954 ... C-:,
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16 YANKEE DR
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MOUNT HOLLY SPRING PA 17065
Defendant INTERROGATORIES IN ATTACHMENT
vs.
M&T BANK NO
28 WALNUT SH P ENSBURG A 1725 -8219 F wNC `? p
F® XE O SCAi?o
Garnishee
ArAA pr
RE: Execution of Judgment against your depositor PENNY R WICKARD SSN # 208-52-8153
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 subseqent time, did the Defendant possess
any bank accounts, joint or individual, that were in your custody or control?
Please specify joint or individual account. Please list the legal title of any such
account(s) an dthe prim account holder and if known whether joint account is
entireties property.
2) At the time you were served or at any subsequent time, what was the balance and
account number of the bank accounts(s) identifipd in Interrogatory #1?
3) At the time you were served or at any subsequent time, please list the average
daily balance in the past five (5) months for each such account identified in your
answer to Interrogatories number one (1) antwo (2) above.
4) At the time you were served or at any subsequent time, did the bank account(s)
that the Defendant possessed contaip d derived solely from social security
funds and/or disability funds?
5) At any time before or after you were served, did the Defendant(s) transfer or
deliver any property or money to you or to any person or place pursuant ?tyour
direction or consent, and if so, 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 the Depositor's
dir tion or otherwise discharge any claim of the Depositor against you?
(? F e N®?y
????? FSCFO
?CFF? 7) At the time you were served or any subsequent time, did you have, share, or
7) At the time you were served or any subsequent time, did you have, share, or j• /?/?
utilize any safe-deposit boxes, pledges, documents of title, securities, notes, '9iLJ,? T
coupons, receivable, 'cense, or collateral in which there was an interest claimed
by Defendant(s)? U
8) At the time you were served or at any subsequent time did the Defendant(s)accoount
contain funds deposited electronically on a recurring basis and which are identified
as being exempt from execution, levy or attachment. If so, state the reason for the
exemption, the amount being withhel? and the entity electronically depositing
those funds on a recurring basis.
9) At the time you were served or at any subsequent time did the defendant have funds
on deposit in an accoun in which the funds on deposit, not including any otherwise
exempt funds, did not exceed the amount of the general moetary exemption under
42 Pa.C.S. Section 8123? If so, identify each account.
10) Identify every other account (not previously noted) titled in the name of the
Defendant(s) in which you believe the Defendant(s) have an interest in whole of
part, whether or not styled as a payroll account, individual retirement account, tax
acocunt, lottery account, partnership account, joint or tenants by entirety account,
insurance account, trust or escrow account, attorney's account, or otherwise.
na--
11) To the extent that you're above answers depend in whole or part on documents,
account records, or other papers or el ctronic data, describe each in exact detail
(or attach a copy of the same). ()?_?
Edwin
Melissa M. Peters DEC 14 Nil)
M&T Ban
IeL Micha F. Rate ford, Esq
120 North Keyser Avenue
Scranton, PA 18504
?? =Q_ (570) 558-5510 Ext. 101
Unifund CCR Partners assignee
of Palisades Collection, LLC In the Court of Common Pleas of
Plaintiff CUMBERLAND County, Pennsylvania c °
Civil Division ; 0
0 c
c?.
rn-*1
VS. , r
?
PENNY R WICKARD
c} , Q
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16 YANKEE DR NO: 2008-06954 C:) -n
MOUNT HOLLY SPRING PA 17065 _
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Defendant
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y
i
Praecipe to Dissolve the Attachment agaiftg
CD
vs. Garnishee
M&T BANK
28 WALNUT BOTTOM RD
SHIPPENSBURG PA 17257-8219
Garnishee
To the Prothonotary of CUMBERLAND County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment against Garnishee.
Thank
Mithael R Ratchford, Esquire
Edwin A. Abrahamsen & Asso ates, P.C.
Lawyer ID # 86285
Sworn and subscribed befor me on this _ r day of 20 ti
Notary Public 0?5?
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Michael C. Sowa, Nota24, Plains Twp., Luzeme My Commission Expires J14
Member, Pennsvivania Association of Notaries