HomeMy WebLinkAbout09-1141
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rC010[ONifEALTH FINANCIAL SYSTEMS, IN-8
120 N. ZZYSER AVE
SCRANTON, PA 18504
L J
40
COMMONWEALTH OF PENNSYLVANIA
rnl wry r)F- CUMBERLAND
Mag. Dist. No.:
09-1-03
4W. "W
MW Name: Hon.
RICHARD S. DOIIGHE>6LTY
Address: 9 8 S ENOLA DR STE 1
ENOLA, PA
Telephone: (717-) 7282805 " 17025
ATTORNEY FOR PLAINTIFF :
VS.
DEFENDANT: NAME and ADDRESS
IWILLIARD, CINDY
308 4TH STREET
PO BOX 188
LSV I TlaLE, PA 17093 J
COMMONWEALTH FINANCIAL SYSTEI[S, INC
120 N. ZZYSEit AVE Docket No.: CV-0000329-08
PATRICIA A. COBB, ESQ. Date Filed: 10/10/08
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT:
-- Judgment: >f?EWAIMT-,J' T PLTF {Date of Judgment) 1.1/20/08
® Judgment was entered for: (Name) COIO[ONIISALTH FINANCI, AL SYSTE
® Judgment was entered against: (Name) WILLIARD, CINDY
in the amount of $ 5.538.9
1-1 Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F] Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 5,408.94
Judgment Costs $ 130.00
Interest on Judgment $ .00
Attorney Fees $- OD
Total! $ 5,538.94
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
IQV :2 0 2008 Date Magisterial District Judge
I certify that this is a true n, co th o edings containing the judgment.
AN 12 2009 Dat Magisterial District Judge
My commission expires first Monday of Ja uary, 2012 SEAL
AOPC 315-07
DATE .RR11 p 11/20/08 2s :00 Pm
C'? na
`T f? F ??
v T
f
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
Plaintiff
Defendant(s)
To the Prothonotary of CUMBERLAND County:
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
No o9- //y/ X74 .
PRAECIPE FOR ENTRY OF JUDGMENT
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice.
A) Date of Instrument: 11/20/2008
B) Amount of Judgment: $5,538.94
C) Interest From: 11/20/2008
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, Incorporated
120 North Keyser Avenue
Scranton, PA 18504
4) I hereby certify that the address of the defendant is:
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
Patricia A. Cobb, Esquire, Attorney for Plaintiff
Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, PA 18504
570-342-1600 Ext. 202
Attorney ID 39688
w
Commonwealth Financial Systems, Inc
120 North Keyser Avenue
Scranton, PA 18504
Plaintiff(s)
vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
Defendant(s)
In the Court of Common Pleas of
CUMBERLAND, Pennsylvania
Civil Division
File / Index No. D 4. /I y C"-d- 7
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 $3? 9Y on
By:
If you have any questions regarding this notice, please contact the filing party:
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Telephone: 570-347-1115
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Plaintiff
vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
Defendant(s)
State of Pennsylvania
County of CUMBERLAND } SS:
CUMBERLAND County, Pennsylvania
Civil Division
No. a ? . )f,41
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended.
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): CINDY WILLIARD; 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): CINDY WILLIARD; is(are) older than eighteen years of age;
That the employment status of the defendant(s): CINDY WILLIARD; is(are) unknown.
Patricia A. Cobb, Esquire
Subscribed before me this 6- day of 20
Tara Perez- L-Notary Public
NOTARIAL SEAL
TARA L PEREZ
Notary Public
[My RANTON CITY, LACKAWANNA COUNTY
Commission Expires Nov 14, 2011
In the Court of Common Pleas of Cumberland, County Pennsylvania
Commonwealth Financial Systems, Inc.
120 N. Keyser Avenue
Scranton, PA 18504
Plaintiff
Vs.
Cindy Williard
PO Box 188
Summerdale PA 17093
Defendant
Vs.
M & T Bank-Summerdale Plaza
423 North Enola Road
Enola PA 17025
Garnishee
Civil Division
Praecipe for Entry of Appearance
File No. 09-1141 Civil Term
Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. in the above-
captioned matter.
Date: /-/?- p 9
Signature:
?;t??
Print Name: ?Gl fYiGc.? ??
Address: 120 N. Keyser Avenue
Scranton, PA 18504
Telephone No: (570) 347-1115 ext. 202
Supreme Court ID No: 39688
FILLC?-+.,: Ik
OF THEE PP ;-TAPY
2'U313 1, A, PR 29 -112: 3
??
ti
PA Supreme Court Rule of Civil Procedure 3101 to 3149
Commonwealth Financial Systems, Inc. In the Court of Common Pleas of CUMBERLAND
Plaintiff County, Pennsylvania, Civil Division
Vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
vs
M & T Bank--Summerdale Plaza
423 North Enola Road
Enola PA 17025
Defendant(s)
Garnishee
No
PRAECIPIE FOR WRIT OF EXECUTION AND
ATTACHMENT (MONEY JUDGMENT)
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 CINDY WILLIARD PO BOX 188. SUMMERDALE PA 17093
(3) And against M &'T Bank--Summerdale Plaza
423 North Enola Road
Enola PA 17025
Garnishee(s);
(4) and index this writ
(a) against
(b) against
Defendant(s)
Defendant(s)
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): 184-48-7559;
(5) Judgment Amount
Interest
Clerks Fee
Sheriff
Poundage
Tot?.l
Dated -
-A
Law:4-??'
Patricia A. Cobb, Esq.
Attorney for Plaintiff
120 N Keyser Ave
Scranton PA 18504
570-347-1115
FILED -D,,FF
OF TFIE
2009 APR 2 Pil 12: 31 3
a` ,
C,k- 3?b5' G03(
10
Commonwealth Financial S,/stems, Inc.
Vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
Vs.
M & T Bank--Summerdale Plaza
423 North Enola Road
Enola PA 17025
Defendant(s)
Garnishee
Commonwealth of Pennsylvania, County of CUMBERLAND,
TO THE SHERIFF OF CUMBERLAND County, Pennsylvania:
To satisfy the judgment, interest and costs against :
(MONEY JUDGMENT)
CINDY WILLIA.RD , PO BOX 188, SUMMERDALE, PA 17093,,,DDe?fennddan?t(ss))
9
Any and all accounts of the defendant(s), in the possession of Garnishee(s), including but not limited to savings account
balances, checking account balances, Certificates of Deposit, Money Market Accounts, contents of Safety Deposit Boxes.
Defendant's Social Security plumber(s) is/are 184-48-7559
(1) You are also directed to attach the
M & T Bank--Summerdale Plaza
423 North Enola Roach
Enola PA 17025 Garnishee(s) per property
of the defendant not levied upon in the possession of
Confessed Judgment by Complaint: \
1. Date of Entry \
2. Notice of mailing on
And to notify the Garnishee(s) that
(a) An attachment has been issued;,,.,,
(b) The garnishee(s) is enjoined fronyf,aying any el
any prof erty of the defendantvor otherwise d
3. If property of the defendant not levied"upon and subject tc
named garnishee(s), you are direcxd to notify him that he
Dated
(Seal)
Patricia A. Cob , squire PA Bar ID 39688
120 North Keyser Avenue
Scranton, PA 18504
570-347-1115 Ext. 202
filed.
to or for the account of the defendant(s) and from delivery
)sing thereof.
Z hment is found in the possession of anyone other than the
,been added as a garnishee and is enjoined as above stated.
Judgment Amount
Interest
Clerk's Fee
Sheriff
Poundage 2%
Total
Clerk of Judicial Records
Plaintiff
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
No.
WRIT OF EXECUTION AND ATTACHMENT
Sheriff / Deputy
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Plaintiff
vs.
CINDY WILLIARD
PO BOX 188
SUMMERDALE, PA 17093
CUMBERLAND County, Pennsylvania
Civil Division
No. ,?!? -yI&;Z
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended.
Defendant(s) :
State of Pennsylvania
County of CUMBERLAND } SS:
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): CINDY WILLIARD; 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): CINDY WILLIARD; is(are) older than eighteen years of age;
That the employment status of the defendant(s): CINDY WILLIARD; is(are) unknown.
Patricia A. Cobb, Esquire
Subscribed !;p re me this day of 20?
Notary Public
NOTARIAL SEAL
TARA L PEREZ
Notary Public
SCRANTON CITY, LACKAWANNA COUNTY
My Commission Expires Nov 14, 2011
r1r HE f
21,19 ?R 21), ." 12: 3,3
7.'
4 f Y
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-1141 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 CINDY WILLARD P O BOX 188, SUMMERDALE, PA 17093
(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 - SUMMERDALE PLAZA 423 NORTH ENOLA ROAD, ENOLA PA 17025
GARNISHEE(S) as follows:
ANY AND ALL ACCOUNTS OF THE DEFENDANT 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.
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 $5,538.94
Interest $135.67
Atty's Comm %
Atty Paid $2.50
Plaintiff Paid $51.75
Date: APRIL 29, 2009
(Seal)
L.L.$0.50
Due Prothy $2.00
Other Costs
S. &EM4 9 F
s R. Lon notary
By:
Deputy
REQUESTING PARTY:
Name PATRICIA A COBB ESQ
Address: 120 N KEYSER AVE
SCRANTON, PA. 18504
Attorney for: PLFF
Telephone: (570) 347-1115
Supreme Court ID No. 39688
Sheriffs Office of Cumberland County
R Thomas Kline 6??titt, of 411,rrtrr?t Edward L Schorpp
Sheriff sib Solicitor
Ronny R Anderson - Jody S Smith
Chief Deputy FPCE;` °=1P -"E s"ERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/06/2009 03:42 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on
05-06-09 at 1542 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Cindy Willard, in the hands, possession, or control of the
within named garnishee, M & T Bank, 423 Enola Road, Enola, Cumberland County, Pennsylvania, 17025
by handing to Rebecca Dorwart, Assistant Vice President 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 05-07-09 to Cindy Willard at PO Box 188,
Summerdale, PA 17093.
2009-1141
Commonwealth Fuinancial Services
vs
Cindy Willard
So Answers,
-:1r, ovr?
R. Thomas Kline, Sheriff
By
C? ^a
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C/A_- y 0M
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Q
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Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
No: 09-1141 Civil Term
Cindy Williard
p0 Box 188
Summerdale PA 17093
Iritei-rogatories in Attachment
Defendant(s)
Vs
M & T Bank-Summerdale Plaza
423 North Enola Road
Enola PA 17025 :
Garnishee
RE: Execution of Judgment against your depositor Cindy Williard SSN#184-48-7559
You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in judgment against you:
1) At the time you were served or at any subsequent time, did 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 suc?ccount(s)
and the primary account holder and if known whether joint account is e'
property.
2) At the time you were served or at any subsequent time, what was the balance
9?,L°?
account number of the bank account(s) identified in Interrogatory #1?
Qqn 3) At The "ime 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.
9 d 69517 'a1i ?Nd81'EW NV66: E 6006 '9 'AM
4) At the 'ime you were served or at any subsequent time, did the bank account(s) that
the Detezidant possessed contain funds derived solely from social security funds
and/or disability funds?
. Vw
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
consen`., and if so, what was the consideration therefore?
6) At anytime 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?
I?
7) At the time you were served or at 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)?
8) Zdentif<1 every other account (not previously noted) titled in the name of Defendant(s)
in which you believe Defendant(s) have an interest in whole of part, whether or not
styled as a payroll account, individual retirement account, tax account, lottery
account, partnership account, joint or tenants by entirety account, insurance account,
trust oz escrow account, attorney's account, or otherwise.
9) 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).
sobs; -
n t ?(? Tleln?ocn?a?io» ila?le ,?iocnlaC.ol??estion
f ?(J r: i? r r sys m? ?sou?h? ?onWealth Financial Systems, Inc.
coin4he. inlor ;ati a. ?r`11n1en t
a 1r behe4. ? b.e t;'S:. , ` ,,?.vlce
atricia A. Cobb, Esquire
.ORR1? ?? ? 120 N Keyser Ave
M&T RANK Scranton, PA 18504
?p? O,? 20D9 570-347-1115 Ext. 207
/ 'd 695 'O,%r NOMA NVU:? 60OZ '9 RAW
OF THL PyO',. `71 AF?Y
2009 MAY I I AM 11 : 36
Commonwealth Financial Systems, Inc.
120 North Keyser
Scranton, PA 18504
Plaintiff
Vs.
Cindy Williard
PO Box 188
Summerdale PA 17093
Defendant
Vs.
M & T Bank ---Summerdale Plaza
423 North Enola Road
Enola PA 17025
In the Court of Common Pleas of
Cumberland County, Pennsylvania Civil
Division
No: 09-1141 Civil Term
Praecipe to Dissolve the Attachment
Against the Garnishee.
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment Against the Garnishee
Thank you,
P eawyer A. Cobb, Esquire
ID # 39688
Commonwealth of Pennsylvania
Lackawanna County
Sworn and subscribed before me on this /? day of 20e7
John Onufryk f4( Not jVPublic
COMMONWEALTH Or PENNSYLVANIA
NOTARIAL SEAL
JOHN ONUFRYK, JR • NOTARY PUBLIC
City of Scranton, Lackawanna County
MY COMMISSION EXPIRES SEP. 29, 2011
2009 JUL 13 PH 12.
c?.. ; '
?h 4
ck- 3bS L' ' "
,•
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff f~
Lo.il i
~~,;ttti~i, ot` ~uau;'~,~ry ~~ ~!' TWr- - i ~,r7~
Jody S Smith
Chief Deputy Zu~t~ lEi~'f ~ } ~t'3 ~~ 21~
Edward L Schorpp
Solicitor - _ ~ /
--,J • i
Commonwealth Financial Systems, Inc.
Case Number
vs.
Cindy Willard 2009-1141
SHERIFF'S RETURN OF SERVICE
05/06/2009 03:42 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on
05-06-09 at 1542 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Cindy Willard, in the hands, possession, or control of the
within named garnishee, M & T Bank, 423 Enola Road, Enola, Cumberland County, Pennsylvania, 17025
by handing to Rebecca Dorwart, Assistant Vice President 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 05-07-09 to Cindy Willard at PO Box 188,
Summerdale, PA 17093.
05/20/2010 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: $85.56 SO ANSWERS,
~~
May 20, 2010 RON R ANDERSON, SHERIFF
r
B ,L.-G~' ~ GCS' .
Sh ron R. Lantz
G/'~ (7/~~~ c ~
/~~ ll
u.' t ( I csc `: t. Ian ~~ ~. ~ca~_~~~