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HomeMy WebLinkAbout09-0604GORDON & 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 2032327 BANK OF AMERICA, N.A. (USA) VS. HEATHER L ECKLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. © ?- L Ct uzl ?^- ENTRY OF APPEARANCE, ORDER FOR JUDGMENT AND ASSESSMENT OF DAMAGES (TRANSFER OF JUDGMENT FROM MIFFLIN COUNTY) TO THE PROTHONOTARY: Kindly enter my appearance for the plaintiff in the above matter, enter judgment in favor of the plaintiff and against the Defendant(s), on the judgment entered in the County of Mifflin for monetary damages, a duly authenticated copy of the judgment being filed herewith, and assess damages as follows: Amount of Judgment Costs Attorney Fees Real Debt Damages sessed Above Pro- othon $2766.16 $2766.16 FREDERIC I WE BERG, ESQUIRE JOEL M. FLI -,"ESQUIRE Attorney for Plaintiff 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 2032327 BANK OF AMERICA, N.A. (USA) VS. HEATHER L ECKLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : AFFIDAVIT FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the above captioned matter; that the defendant and the last known address of the defendant(s) is 32 Chestnut Ridge Road, Mcveytown, PA 17051-8104 and the plaintiffs last known address is Bank of America, N.A. (USA), 1825 E. Buckeye Road, Phoenix, AZ 85034 that the judgment entered by the plaintiff against the defendant(s) in the County of Mifflin in the sum of $2766.16 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, P.C. BY: FREDERIC . WEI ERG, ESQUIRE JOEL M. FL SQUIRE Attorney for Plaintiff Sworn to and Subscribed Before me this day of 2009 NOTARY PUBLIC GORDON & WEINBERG, P.C. 2032327 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 BANK OF AMERICA, N.A. (USA) COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : HEATHER L ECKLEY TO Heather Eckley 32 Chestnut Ridge Road Nc Veytown, PA 17051-8104 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 4843510500 • TAMMY STUCK Chiel'Deputy CHRIS GAHAGAN First Deputy 0 PROTHONOTARY / CLERK OF COURTS (COURT OF COMMON PLEAS OF MIFFLIN COUNTY) 20 NORTH WAYNE STREET LEWISTOWN, PA 17044 (717) 248-8146 FAX (717) 248-5275 PATTI BURKE Prothonotary Clerk Of Courts BANK OF AMERICA 1818 Mkt. St. Phila., Pa. 19103 VS HEATHER ECKLEY 32 Chestnut Ridge McVeytown, PA 17051 CERTIFICATION OF JUDGMENT PAMELA YODER Second Deputy SUE HUMMEL Second Deputy Case# CP-44-CV-923-2006 I, Patti Burke, Prothonotary and Clerk of Courts of Mifflin County, State of Pennsylvania do hereby certify that the judgment in the above case was entered in favor qf: BANK OF AMERICA and against: HEATHER ECKLEY on the 5th day of January , 200 in said case in the amount of $ $2,766.16 , IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Court, on the Rrh day of September 2008. Lu- P HONOT ERK OF COURTS 14451709082008 Mi,in County Pennsylvania ' 'PYS835 Docket Entries Cover Sheet Case No 2006-00923 Plaintiff: BANK OF AMERICA NA (USA) ** (VS) ** • 9?D8/20081 Defendant: ECKLEY?HEATHER 14451709082008 Mi0in County Pennsylvania 'PYS835 Docket Entries Case No 2006-00923 BANK OF AMERICA (VS) ECKLEY HEATHER • Filed I - - - Date- - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 9?D8/2008 1 6/12/06 COMPLAINT FILED COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 6/12/06 NOTICE TO DEFEND FILED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 7/06/06 SHERIFFS RETURN FILED SERVED ROBERT PARTCHEY GRANDFATHER FOR HEATHER L ECKLEY $43.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 12/18/06 PRAECIPE FOR ENTRY OF APPEARANCE OF FREDERIC WEINBERG ESQ ON BEHALF OF THE PLAINTIFF BANK OF AMERICA FILED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 1/05/07 PRAECIPE FOR DEFAULT JUDGMENT FILED JUDGMENT FILED AND ENTERED AS ABOVE 2766.16 COPIES DISTRIBUTED TO DEFENDANT & F WEINBERG ESQ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 1/05/07 AFFIDAVIT OF NON-MILITARY SERVICE FILED COPIES TO DEFENDANT AND F WEINBERG ESQUIRE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 1/05/07 CERTIFICATION OF ADDRESS FILED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 1/05/07 NOTICE OF DEFAULT JUDGEMENT FILED 9 9/08/08 EXEMPLIFIED RECORD SENT TO CUMBERLAND COUNTY - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Certified from the record as entered and filed in this office. IN TESTIMONY WHEREOF, I hereunto set my hand and cause the S-,I of the Court to Affixed this ?h day .D. ? N C ! z 72 w ' _ 4 Y ? n 7 C:y -C t i C 4 * 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 2032327 BANK. OF AMERICA, N.A. (USA) 1825 E. BUCKEYE RD PHOENIX, AZ 85034 VS. HEATHER L ECKLEY 32 CHESTNUT RIDGE RD MC VEYTOWN PA 17051-8104 and Members 1st FCU 1711 Spring Road Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y DOCKET NO. : 09-604 Civil Term 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 HEATHER L ECKLEY (2) against Members 1st FCU defendant(s)and garnishee(s) (3) AMOUNT DUE $2,766.16 INTEREST from February 5, 2009 $17.03 COSTS Prothonotary fee Sheriff fee TOTAL FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Mb VIA AITY ,01;1 5G' P act. o o elsf, ,1,.5d .j Sto .oo ' Po 4a. 00 bVeC ,50 l.L writ ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-604 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From HEATHER L. ECKLEY, 32 Chestnut Ridge Road, McVeytown, PA 17051-8104 (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 $2,766.16 Interest from 2/05/09 -- $17.03 Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 4/17/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs / q-ih'.. J - Alm kk ?r C 's R. Long ono ry By: REQUESTING PARTY: Name FREDERIC X., WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE, 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Deputy Telephone: 484-351-0500 Supreme Court ID No. 41360 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 BANK OF AMERICA, N.A. (USA) 1825 E. BUCKEYE RD PHOENIX, AZ 85034 VS. HEATHER L ECKLEY 32 CHESTNUT RIDGE RD MC VEYTOWN PA 17051-8104 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-604 Civil Term RECEIVED APR 2 3 2009 and Members 1st FCU 1711 Spring Road Carlisle, PA 17013 GARNISHEE *0 r S -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 the defendant for any reason? N10 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 ?aawju'(L 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 subsequen time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. ND 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? No S. 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 what was the consideration thereof? N(7 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? Ivb 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 federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 4'? o? 8. If you are a bank or other financial institution, at the time you were served or 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 udder 42 Pa.C.S. §8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? W A- FREDERIC INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED : 419161 St MEMBERS 1St FEDERAL CREDIT UNION April 23, 2009 Name: Heather L. Eckley Address: 801 S. Market Street, Apt C Mechanicsburg, PA 17055 Account Number: XXX298 Name on Account: Heather L. Eckley Savings: $0.00 Checking: $0.13 Account Number: XXX025 Name on Account: Stephen M. Deppen Heather L. Eckley (Joint) Savings: $0.00 Checking: $610.95 22 5.00) Processing Fee $585.95 Payroll: PA Treasury Dept-Heather-$828.25 PA Treasury Dept-Stephen-$660.96 $300.00 Statutory Exemption was not taken out. Tania S Young Deposit Operations yst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.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 7&-A- I, S` (Name) No fters 1 st federal Credit U:non of (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. (SIGNA ) =r FILE ?.? „ :. OTARY OF THE F27` " 21,05APR 24 i4i*- 00 7l UU`Y' '. `4 t 1 Sheriffs Office of Cumberland County R Thomas Kline '0 at numb"1104# Edward L Schorpp Sheri ViXet Solicitor ry , Ronny R Anderson Jody S Smith Chief Deputy OFF CF --E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/23/2009 09:30 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Heather L. Eckley, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberly Whitaker, 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 04-27-09 to Heather L. Eckley at 32 Chestnui Ridge Road, McVeytown, PA 17051. 2009-604 Bank of America vs Heather L. Eckley So Answers, R. ITom s Kline, eriff By i -m-, ;?? DDeputey Sheriff-' r ? 203232' GORDON & WEINBERG,.C. BY: FREDERIC 1. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA, 19428 484/351-0500 BANK OF AMERICA., N.A. (USA.) CURT ?OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO, : 09-804 Civil- Term HEATHER L ECKLEY and Members 1st FCU Garnishee PRAECIPE To DISSOiVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Members let FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN ER ESQUIRE JOEL M. FLINK, E IRE Attorney for Plaintiff POll RLED-Q`- ESE OF THE FPOTHONOTARY 2009 MAY -7 PM 3: 09 4S.co Po ATTY COP 80181 V* as qgg(, ., , .~. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY vd~~titr of L'iugbcr~7~~ ..~+ S~Ff i~E QF ' ~E $k~Rl~f ~li.~e~-a;~-r~ i~.,1 20 f 0 JU~~ 30 E'~~ 2~ ! 4 CU~,~~,:~ ~ :, ~,. ~~i;~~P~sY Bank of America National Association Case Number vs. 2009-604 Heather L Eckley SHERIFF'S RETURN OF SERVICE 04/23/2009 09:30 AM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Heather L. Eckley, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberly Whitaker, 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 04-27-09 to Heather L. Eckley at 32 Chestnut Ridge Road, McVeytown, PA 17051. 06/29/2010 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: $75.93 SO ANSWERS, ... June 29, 2010 RON R ANDERSON, SHERIFF By aron R. Lantz so ~-~. ~~ 7~~s'~ Y.c) CounlySuite Sheriff, Teleosoft, hic. ~ ! ~" ~~