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HomeMy WebLinkAbout09-0293Commonwealth Financial In the Court of Common Pleas of Systems, Inc CUMBERLAND County, Pennsylvania Civil Division Plaintiff . vs. NO: Dq- a-3 OlvzlTeryv1 JERRY F WELCH Defendant PRAECIPE FOR ENTRY OF JUDGMENT To the Prothonotary of CUMBERLAND County: 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of instrument: 01/03/2006 B) Amount of Judgment: $2,894.68 C) Interest From: 01 /03/2006 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) I hereby certify that the address of the plaintiff is: Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 4) I hereby certify that the address of the defendant is: JERRY F WELCH 670 HEMPFIELD HILL RD LOT 32 COLUMBIA PA 17512 Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 1729 Pittston Ave, Scranton, PA 18505 570-558-5510 Ext. 101 Attorney ID 86285 • Commonwealt) of PennsNlvania, CountN of Lancaster SS.: I, Randall O. Wenger Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case herein stated, wherein COMMONWEALTH FINANCIAL SYSTEMS, INC. , plaintiff and JERRY F. WELCH, defendant, as the same remains of record before the said Court at No. CI-06-02460 of JUDGMENT Term A.D. 2008. Certified amount of the judgment is $2,894.68. In TestimonN W ereo f , I have hereunto set my hand and affixed the seal of said the Court this 15TH day of DECEMBER A.D. 2008. Exempli f iea Record FROM LANCASTER COUNTY Term, 2006 No.CI-06-02460 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff 120 NORTH KEYSER AVENUE SCRANTON, PA. 18504 vs. JERRY F. WELCH, Defendant 670 HEMPFIELD HILL ROAD LOT 32 COLUMBIA, PA. 17512 Debt, $2,894.68 Entered and Filed MARCH 10, 2006 Randall O. Wenger, Prothonotary M Commonweafth of PennsV[vania, CountN Of Lancaster, ss.: Among tbC Records entered in the Court of Common Pleas in and for the County of Lancaster, In the commonwealth of Pennsylvania, to Term 2006, No. CI-06-02460 is contained the following: Docket -Entries: SEE ATTACHED Certified amount of the judgment is $2,894.68. jUbgment Index Entq DEFENDENT PLAINTIFF WHEN ENTERED REAL DEBT TERM NO. WELCH, JERRY F. COMMONWEALTH FINANCIAL SYSTEMS, INC. MAR. 10, 2006 $2,894.68 CI-06- 02460 Report: CDRDOCT LANCASTER CO BANNER Run Date: 15-DEC-2008 User: LGREENAWALT Civil Docket Report Run Time: 09:20 AM Instance: PRODS Page: 1 Case ID: CI-06-02460 COURT LOCH CASE CASE NUMBER CASE CAPTION FILING DATE TYPE TION TYPE TRIAL CI-06-02460 (DJ) COMMONWEALTH FNCL SYSTEMS VS JERRY F WELCH 10-MAR-2006 CI CH 38 NJUR TYPe Party Name End Date PLTF COMMONWEALTH FINANCIAL SYSTEMS INC, DEFT WELCH, JERRY F PATY COBB, PATRICIA A Filing Date Docket Ent 10-MAR-2006 CERTIFIED TRANSCRIPT - DJ COBB, PATRICIA FILED BY: PATRICIA A. COBB, ESQ. INSTRUMENT DATED: 1-03-2006 JUDGMENT AMOUNT: $2894.68 10-MAR-2006 PRAECIPE COBB, PATRICIA TO ENTER JUDGMENT FOR THE PLAINTIFF, AGAINST THE DEFENDANT, IN THE AMOUNT OF $2894.68. CERTIFICATION OF ADDRESS OF PLAINTIFF AND DEFENDANT. FILED BY: PATRICIA A. COBB, ESQ. 10-MAR-2006 AFFIDAVIT-NON-MILITARY SERVICE COBB, PATRICIA FILED BY: PATRICIA A. COBB, ESQ. 10-MAR-2006 COPIES WITH RULE 236 NOTICES MAILED TO DEFENDANT AND DISTRICT JUSTICE ON MARCH 17, 2006. 10-MAR-2006 CAPTION ENTRY IS: COMMONWEALTH FINANCIAL SYSTEMS, INC. (MA) VS JERRY F. WELCH (MA) 7 -TI 8 c-- I-j -4ZI 171 CD ?/ ) ? . Commonwealth Financial In the Court of Common Pleas of Systems, Inc CUMBERLAND County, Pennsylvania Civil Division Plaintiff ' VS. NO: JERRY F WELCH Defendant 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 $ a S (?V. j.8 on a 16A 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 Supreme Court Rule of Civil Procedure No. 236) Commonwealth Financial Systems, Inc 120 North Keyser Avenue In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. JERRY F WELCH 670 HEMPFIELD HILL RD LOT 32 COLUMBIA PA 17512 NO: 0106-024-- Defendant vs. MEMBERS 1 ST FCU 5000 LOUISE DR MECHANICSBURG PA Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc in the above-captioned matter. Date: January 7, 2009 SigrIatur 74 Print Name: Address: 17. 1 Telephone No: (570Y558-5510 Ext 120 Supreme Court ID No: 86285 `-= i 1 ?' i PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a) Commonwealth Financial Systems, Inc 120 North Keyser Avenue Scranton PA 18504 vs. JERRY F WELCH 670 HEMPFIELD HILL RD LOT 32 COLUMBIA PA 17512 vs. MEMBERS 1 ST FCU 5000 LOUISE DR MECHANICSBURG PA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division 69 - oZU l:lv?l? ` NO:-C+06-924-60 Defendant PRAECIPE FOR WRIT OF EXECUTION AND ATTACHMENT (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: JERRY F WELCH 670 HEMPFIELD HII L RD LOT 32 COLUMBIA PA 17512 (3) And against: MEMBERS IST FCU 5000 LOUISE DR MECHANICSBURG PA (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): 168-60-8132; (5) Judgment Amount $2,894.68 Interest $ Clerks Fee $ Sheriff $ Poundage $ Total $ Date: January 7, 2009 Michael F. Ratchfor , Esquire Edwin A. Abrah en & Associates, P.C. Attorney for P tiff aw. com '49 C4 (A TL .C v ju 'o o Ll ?° ? c c d f d a w ?? A 1 .wr dRV? 1 ? v C) i,fn Commonwealth Financial In the Court of Common Pleas of Systems, Inc CUMBERLAND County, Pennsylvania Civil Division Plaintiff : vs. JERRY F WELCH State of Pennsylvania County of CUMBERLAND SS: NO: Defendant AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF 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): JERRY F WELCH 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): JERRY F WELCH is(are) older than eighteen years of age; That the employment status of the defendant(s): JERRY F WELCH is(are) unknown. Commonwealth Financial Systems, Inc 120 North Keyser Avenue In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. JERRY F WELCH NO: CI-06-02460 670 HEMPFIELD HILL RD LOT 32 COLUMBIA PA 17512 Defendant vs. MEMBERS 1 ST FCU 5000 LOUISE DR MECHANICSBURG PA AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Garnishee State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): JERRY F WELCH; 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): JERRY F WELCH; is(are) older than eighteen years of age; That the employment status of the defendant(s): JERRY F ?LCH;,k(are) Michael F Subscribed befo a is day o jLC"? 20 r P ---- Loeh- NoliVy Pub C p ? 0 0. 0 . t le kQ 0 y?C Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-293 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From JERRY F. WELCH, 670 HEMPFIELD HILL RD., LOT 32, COLUMBIA, PA 17512 (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 MEMBERS 1sT FCU, 5000 LOUISE DRIVE, MECHANICSBURG, PA - 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): 168-60-8132 GARNISHEE(S) as follows: 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 $2,894.68 Interest Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: JANUARY 22, 2009 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C rtis R. Lon ono a By: REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 1729 PITTSTON AVENUE SCRANTON, PA 18505 Attorney for: PLAINTIFF Telephone: 570-558-5510 EXT. 120 Supreme Court ID No. 86285 Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2009-00293 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS WELCH JERRY F And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:30 Hours, on the 27th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WELCH JERRY F hands, possession, or control of the within named Garnishee MEMBERS 1ST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to in the BRIAN PETERS (MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County V V 01/28/2009 Sworn and Subscribed to before me this day of By Deputy Sheri A.D r""'. r? :.'S'3 "..? ,--; ;;:,. { t «'? "?` 4`?° _.`?. ^°? 7 - ...e?. t ,„` ?. RECEIVED JAN 2 8 2009 Commonwealth Financial Systems, Inc 120 North Keyser Avenue In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. JERRY F WELCH NO: CI-06-02460 670 HEMPFIELD HILL RD LOT 32 COLUMBIA PA 17512 04,A3 M4jjVS lie _ ` Defendant INTERROGATORIES IN ATTACHMENT VS. MEMBERS 1 ST FCU 5000 LOUISE DR MECHANICSBURG PA Garnishee . RE: Execution of Judgment against your depositor JERRY F WELCH SSN # 168-6u-8 t Jz 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 pri77 nt holder and if known whether joint account is entireties property. 2At the time you were served or at any subsequent time, what was the balance and account number of th bank accounts(s) identified in Interrogatory #1? 3At 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) and two (2) above. 4) At the time you ere served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? N 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 to your direction or consent, and if so, what was the consideration therefore? no 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 direction or otherwise discharge any claim of the Depositor against you? no 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? n O 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 withheld and the entity electronically depositing those funds on a recurring basis. n(3 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 monetary exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no 9) 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. r) ?(I,- 10) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). tL ?Vj? Edwin A. Abrahamsen & Associates, P.C. atchford, Esquire ?dston Avenue :on, PA 18505 558-5510 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 l an 1 c-, S lounq (Name) f McMbers 1st Federal Credit WIN b AAAM '? M 0, qM1 ( tie) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. jm'?40rw (SIGNATURE U J A MEMBERS 1St FEDERAL CREDIT UNION January 28, 2009 Account Number: XXX163 Name: Jerry F Welch, Jr Address: 904 Colonial Road Harrisburg, PA 17112 Savings: $0.28 (0.281 Processing Fee $0.00 Total in account: $0.00 $300.00 Statutory Exemption was not taken out. Average Monthly Balance ACCOUNT DEC 2008 NOV 2008 OCT 2008 Savings $5.28 $5.28 $5.28 Tania S Youn Deposit Operation alyst SEPT 2008 AUG 2008 $5.28 $5.28 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org 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 M(Cks ?nong (Name) @PMA'A8 OJUJ*? of UmmemistmawcrWumon (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATU ) c;a t Commonwealth Financial Systems, Inc In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. JERRY F WELCH 8 HARVESTVIEW APT C NO: 09-293-CIVIL Mount Joy PA 17552 Defendant Praecipe to Dissolve the Attachment against vs. Garnishee MEMBERS I ST FCU 5000 LOUISE DR MECHANICSBURG PA Garnishee To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, kfi#el F. Ratchford, EsqXA ociates, P.C. s Ed'wm A. Abrahamser Lawyer ID # 86285 U ? Sworn and subscribed before o this day of 20 a 0 J ifer Loeh, tary Public, a' q 4 t? Qy (.. .F? i wee j ?r -4A- 04 46 ; 0 j r .. D cam} - 7.0