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HomeMy WebLinkAbout04-2135 THERESA BARRETT -MALE, ESQUIRE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA V. ; NO. D4- ;V.3S Ci CJ i.l. 't- E:./L..1V'j DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment 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 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 THERESA BARRETT -MALE, ESQUIRE Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA V. : NO. 64- ~J.35 C/OL{~~ DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants CNIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Theresa Barrett-Male, Esquire, by and through her attorney Charles Rector, Esquire, and avers the following in support of her Complaint against Defendants, Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., as follows: I. Plaintiff, Theresa Barrett-Male, Esquire, is an attorney at law, with her principal place of business located at 513 N. Second Street, Harrisburg, Dauphin County, Pennsylvania, 17101. 2. Defendants are Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., adult individuals residing at 508 Hillside Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. On or about November 25,2002, Defendants signed a Fee Agreement with Plaintiff for her representation of Daniel D. Nardi, Jr. in Dauphin County, Pennsylvania, a copy of which is attached hereto, incorporated herein and marked as Exhibit "A." 4. A retainer was received on November 22, 2002, in the amount of $1,500.00. The retainer was exhausted and additional funds were requested from Defendants consistent with the Fee Agreement. 5. Despite repeated demands, Defendants have failed, and or refused, to pay the total amount due and owing, which currently totals $ 8.140.00 (See attached Statements marked as Exhibit "B"). 6. Pursuant to the terms of the Fee Agreement, twelve (12%) percent interest is to be charged annually to all invoices not paid within thirty (30) days of the date of the invoice. No payment has been received by Plaintiff from Defendants since the date of the last billing statement (January 31, 2004). Therefore, additional interest at twelve (12%) percent per annum is due. 7. Pursuant to the terms of the Fee Agreement, Defendants are liable for Plaintiff s attorney fees and court costs if she must institute legal action in order to collect any unpaid balances. WHEREFORE, Plaintiff, Theresa Barrett-Male, Esquire, demands judgment in her favor and against Defendants, Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., in the amount of$8,140.01, plus interest at 12%, plus attorneys fees and costs and such further relief that the Court deems just and appropriate under the circumstances. RESPECTFULLY SUBMITTED, Date6)J;,!OY CJ1o;Jg~"1JS:y Charles Rector, Esquire 1104 Femwood Avenue, Ste. 203 CampHill,PA 17011-6912 (717) 761-8101 Attorney for Plaintiff I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: d10/oi /L~7;{II'L Theresa Barrett-Male, Esquire m~'~ ~ ~ ~ ~~ \llil DEe 0 4 2002 \!J ,\3Y l-<>w\..-Aol\\ ~ FEE AGREEMENT This Agreement, consisting of three pages, is made between Theresa Barrett Male, Esquire and Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr. ("You"). 1. Scope of Representation I will represent you in connection with your domestic relations actions at the common pleas court level. 2. Retainer: $ 1,500.00. The retainer funds legal fees in the initial phase of the case. I deposit all retainers in my IOLTA ["Interest on Lawyers' Trust Accounts"] account. The interest earned on monies deposited into IOLTA accounts funds legal service programs for the indigent. Depending on the circumstances of your case, I may ask you to replenish the retainer in whole or in part. If this is necessary, I will provide you with thirty (30) days' written notice of the amount to be replenished. 3. Hourly Rates Attorney: Paralegal: $195.00 $ 95.00 Legal Assistant: $ 75.00 The minimum billing unit is 3/l0ths of an hour. These hourly rates will continue through the current matters for which you are retaining me. If you require any services after the completion of this case, I will bill you and Guarantors at the then-prevailing hourly rates. 4. Legal Fees "Fees" is compensation for my services. This includes my time spent for personal and telephone conferences, correspondence, reviewing documents and correspondence, legal research, trial preparation, court time, and door-to-door travel time. Document preparation charges are calculated on a time and value basis. I will not charge you for clerical or secretarial time. The amount of legal fees incurred in a support action depends on several factors, including the time, effort and work product expended on your behalf, the course you elect to take, the nature of the controversies, the complexity of the issues involved, and the degree of cooperation afforded by the opposing party. I have made no guarantees on the outcome or disposition of your case. 5. Costs and Expenses The hourly rates include in-office expenses for photocopies, postage, local telephone charges and fax communications. I bill separately for long distance telephone calls, certified and registered mail, Federal Express or similar delivery services, on-line research services, notary fees, and - EXHIBIT . I ~ out-of-office printing and copying. I will not advance costs for court filing fees, subpoenas, witness fees, court reporter and transcription services, and similar expenses. You must remit these costs within ten (10) days of any request. 6. Monthly Statements You will receive a statement each month reflecting the fees and costs incurred in the prior month. If you do not object to the bill within fourteen (14) days of the statement date, you forfeit the right to contest the bill at a later date. You must pay the balance due by the end of the month in which the statement is mailed. Checks returned for insufficient funds are subject to a $25.00 service charge. I have the right to assert an equitable or "charging" lien on funds or other monies. I will retain all funds which I receive on your behalf from any source to guarantee payment of my bill. You authorize me to collect all payments and settlement proceeds to which you may be entitled and to deduct from such payments all outstanding legal fees and costs owed to me before I disburse the remaining funds to you. Whether or not you receive any payments or monies, you must pay all legal fees and costs incurred during my representation when the case is resolved by court order or by agreement. I reserve the right to retain your file pending payment, and to assert a retaining lien against papers, documents, or other property coming into my possession, and to retain such property until my fee is paid. If you fail to comply with this agreement, I will exercise my right to petition the court to withdraw from your case. You will be liable for the costs of collection, including court costs and legal fees, if I institute any legal action to collect fees or costs due for my services. 7. Finance Charges .111 accounts are subject to finance charges of one percent (1. 0 %) per month (annual rate of .I!I!1Z%}-on unpaid balances. ''''i''C'''-'', 8. Mutual Responsibilities I will advise you of your legal rights and obligations, keeping you informed about the status of your case. I will send you copies of all correspondence, pleadings, and other documents related to the case, whether generated by me, the opposing side, or a third party. You must cooperate fully with me in the handling of your case. This includes notifying me immediately of any changes in address, telephone number, or employment; completing and returning promptly all papers or documents which I send to you; and advising me of all facts 2 essential to the case. Your failure to inform me of changes in your status may compromise my ability to represent you. 9. WithdrawaJ/Termination of Professional Relationship If you do not comply with the terms of this agreement, I may withdraw as your counsel. At that time, you must pay all outstanding fees and costs. You may terminale our professional relationship by notifying me in writing, at which time, you must pay all outstanding fees and costs. 10. Access to File after Case is Terminated Closed files are subject to a retrieval fee of $25.00, payable in advance. IZu-JtLil01.Zttllld<.- Theresa Barrett Male, Es6uire ~ V::G~ Daniel D. Nardi, Ir. 7 Date: November 13, 2002 Date: November II -02-..::) ,2002 r~~ jJ:Yl".h .M Daniel D. Nardi, Sr. '(<.AI'''''' Date: November J 1- 2.:[" , 2002 3 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Previous balance of Client funds 10/10/02- Payment to accounVck#709 10/:31/02- Payment from account New balance of Client funds 10/10/02 TBM Consultation. 1011 :3/02 TBM Conference with Joe Curcillo. Total fees 10/:31/02- Payment from account Balance due October 31,2002 Fees Hours Amount $0.00 $195.00 -$195.00 $0.00 1.70 195.00 0.:30NO CHARGE 2.00 $195.00 -$195.00 $0.00 . EXHIBIT J 't> Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Previous balance of Client funds 11/22/02- Payment to accounVck#93 11/30/02- Payment from account New balance of Client funds 11/22/02 TBM Review information from client. 11/26/02 TBM Call from client. 11/30/02 TBM Review File;Prepare Complaint. Total fees 11/30/02- Payment from account Balance due November 30, 2002 Fees Hours Amount $0.00 $1,500.00 -$1,081.50 $41B.50 1.00 0.70 3.50 195.00 136.50 750.00 5.20 $1.0B1.50 -$1,081.50 $0.00 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 February 1, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Previous balance due ~ 1/2/03 TBM Review message from client;Review Letter from opposing counsel re custody;Review Letter from opposing counsel re Notice of Appeal. 1/6/03 TBM Review message from client;Supervise Paralegal. 1/9/03 SCA Call from client;Call to opposing counsel;Letter to opposing counsel;Call to client. TBM Supervise Paralegal. 1/12/03 TBM Review Order. 1/14/03 TBM Supervise Paralegal. 1/15/03 SCA Fax to opposing counsel. 1/16/03 TBM Call from opposing counsel. 1/22/03 TBM cfp;Supervlse Paralegal. 1/23/03 TBM Review Letter from opposing counsel. 1/27/03 SCA Call from client;Call to opposing counse/;Calllo c/ient;Call to opposing counsel. TBM Review message from client;Supervise Paralegal;Call to opposing counsel;Call from opposing counsel;Call to opposing counsel;Supervise Paralegal. 1/28/03 SCA Fax to opposing counsel. TBM Call from clienl;Call to opposing counsel;Call from opposing counsel;Supervise Paralegal. 1/29/03 TBM Review message from client;Call from opposing counsel. 1/30/03 TBM Review message from client (2). 1/31/03 TBM Letter to opposing counsel. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 30 days past due. Please remit payment in full immediately. Amount $2,484.50 Hours 0.50 97.50 0.30 5B.50 1.60 152.00 0.30 58.50 0.30NO CHARGE 0.30 58.50 0.30 28.50 0.30 58.50 0.30 58.50 0.30 5B.50 0.60 57.00 1.20 234.00 0.30 28.50 0.70 136.50 0.30 5B.50 0.30 58.50 0.30 58.50 8.20 $1,260.50 $26.14 $1,286.64 $3,771.14 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 February 28, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Previous balance due Em 2/4/03 TBM Call from opposing counsel. 2/5/03 TBM Call from Attorney Imblum. 2/8/03 TBM Review message from client;Review message from opposing counsel. 2/10/03 SCA Fax to Attorney Imblum. TBM Review message from opposing counsel re schedules;Review Letter from opposing counsel. 2/11/03 SCA Call to client. TBM Supervise Paralegal;Letter to client. 2/12/03 SCA Letter to opposing counsel. 2/15/03 TBM Review letter from Social Worker;Review Letter to opposing counsel to Social Worker;Review Letter from opposing counsel to Hearing Officer. 2/19/03 TBM Review message from c1ient;Review Letter from opposing counsel;Review Order. 2120/03 SCA Call from client;Call to opposing counsel. TBM Supervise Paralegal. 2/21/03 TBM Review message from client. 2/26/03 TBM Supervise Paralegal;Review message from opposing counsel. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 30 days past due. Please remit payment in full immediately. We now accept Visa and MasterCard for payment Amount $3,770.32 Hours 0.40 7B.00 0.30 58.50 0.30 58.50 0.30 28.50 0.30 58.50 0.30 2B.50 0.40 7B.00 0.30 2B.50 0.40 78.00 0.50 97.50 0.40 38.00 0.30 5B.50 0.30 58.50 0.30 58.50 4.BO $806.00 $22.87 $B2B.87 $4,599.19 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 March 31,2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount $4,599.19 Hours 0.40 78.00 0.80 156.00 0.60 57.00 0.30 58.50 0.30 58.50 0.30 58.50 2.70 $466.50 $57.99 $524.49 $5,123.68 Previous balance due Fees 3/5/03 TBM Call to Attorney ImbJum. 317/03 TBM Letter to client;Letter to opposing counsel. 3/21/03 SCA Review e-mail from opposing counsel;Call to client. 3/26/03 TBM Review Letter from opposing counsel;Supervise Paralegal. 3/28/03 TBM Review Letter from opposing counsel;Supervise Paralegal. 3/31/03 TBM Review message from client. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 90 days past due. No additional work will be undertaken until the account is satisfied in full. We now accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 April 30, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount $5,123.68 Hours 1.00 195.00 0.30 58.50 1.00 195.00 2.00 390.00 0.30 58.50 0.80 76.00 0.50 47.50 0.30 58.50 6.20 $1,079.00 $49.49 $1.12B.49 $6,252.17 Previous balance due Fees 4/1/03 TBM Prepare sclac;Supervise Paralegal. TBM Review fax from client. 4/2/03 TBM Trial Preparation. 4/3/03 TBM Support conference. 4/10/03 TBM Review Letter from opposing counsel;Supervise Paralegal. 4/16/03 SCA Call to client;Call to opposing counseI;Letter to opposing counsel. 4/23/03 SCA Call to c1ient;Letter to opposing counsel;Letter to client. TBM Supervise Paralegal. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 May 31,2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount Previous balance due Interest on overdue balance $6,252.17 $62.13 Total fees and costs $62.13 Balance due $6,314.30 Your account is 120 days past due. To avoid referral to collections. remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 June 30, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount $6,314.30 Hours 0.30 58.50 0.30 $58.50 $60.13 $118.63 $6,432.93 Previous balance due Fees 6/19/03 TBM Review E-mail from opposing counsel. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 August 31, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount $6,495.66 Hours 0.30 5B.50 0.30 58.50 0.30 58.50 0.30 58.50 1.20 $234.00 $62.73 $296.73 $6,792.39 Previous balance due Fees 8/11/03 TBM Review message from client. 8/12/03 TBM Supervise Paralegal. 8/15/03 TBM Review message from client. B/26/03 TBM Review message from client re incident. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment , , Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 September 30, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount $6,792.39 Hours 0.30 5B.50 0.30 2B.50 0.30 5B.50 0.30 5B.50 1.20 $204.00 $63.01 $267.01 $7,059.40 Previous balance due ~ 9/3/03 TBM Review message from client re Protection from Abuse. 9/8/03 SCA Letter to client (2). 9/12/03 TBM Call from Attorney Curcillo. 9/15/03 TBM Review message from client. Total fees Interest on overdue balance Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment . , Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 . , October 31, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Previous balance due Fees 10/2/03 TBM Review Letter from opposing counsel re Protection from Abuse. 10/3/03 TBM Review message from client. 10/15/03 TBM Review message from opposing counsel re Protection from Abuse & Custody Order. 10/16/03 TBM Review message from client. 10/20/03 SCA File Motion. 10/22/03 TBM Review message from opposing counsel. 10/24/03 SCA Pick-up Order, TBM Letter to oPPOsing counsel. 10/28/03 TBM Review message from client;Supervise Paralegal. 10/30/03 TBM Review message from client. Total fees Interest on overdue balance Total fees and costs Balance due Amount $7,059.40 Hours 0.30 58.50 0.30 58.50 0.30 58.50 0.30 58.50 0.70 66.50 0.30NO CHARGE 0.70 66.50 0.30 58.50 0.30 58.50 0.30 58.50 3.80 $542.50 $67.19 $609.69 $7,669.09 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment . , , . .. , . . . , Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 November 30, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount Previous balance due $7,669.09 Hours 11/9/03 TBM Letter to client re withdrawal. 11/14/03 SCA File Motion. TBM Letter to opposing counsel. 11/17/03 SCA File Motion & Praecipe;Letter to opposing counsel. 11/20/03 SCA Pick-up Order. TBM Letter to opposing counsel;Letter to Domestic Relations Hearing Officer. 0.30NO CHARGE 0.70 66.50 0.30 5B.50 1.00NO CHARGE 0.70 66.50 0.30 58.50 T olal fees 3.30 $250.00 $70.38 $320.38 $7,989.47 Interest on overdue balance Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment 6 . . . . . I 6 . . \ . Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 December 31, 2003 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount Previous balance due $7,989.47 Fees Hours 12/23/03 TBM Letter to client. 0.30NO CHARGE Total fees 0.30 $0.00 $75.27 Interest on overdue balance Total fees and costs $75.27 $8,064.74 Balance due Your account is 120 days past due. To avoid referral to collections. remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment (J "Q B tv '" (') ~, 0 't. '-... ., lrt ..J:- =::"1 ~ 9 Crt r'ij=- :l-: c;., -- :'-} ...... ~ c: '-... '~) ~ f"- " c..v ~ .0-,1 0 " ~ r',: 0 " '-~ :..< ~ b C'.) 1:::. "--< ~ . , ~ . . I J . , , , Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 January 31, 2004 Daniel Nardi, Jr. 508 Hillside Road New Cumberland, PA 17070 Amount Previous balance due Interest on overdue balance $8,064.74 $75.27 $75.27 $8,140.01 Total fees and costs Balance due Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment (J ~ G "" ,"0 0 IV C) 't. :_.:J .1 "1 _1:- tl- -',-- :~;J 9 r"'il~ Crt D -~.- "- ~ (,,) '-.- ~ f'- ~ l.\J 0 ~ r'<' () ,',) :.< ~ b CO 1: '-< SHERIFF'S RETURN - REGULAR CASE NO: 2004-02135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRETT-MALE THERESA VS NARDI DANIEL D JR ET AL 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 NARDI DANIEL D JR the DEFENDANT , at 1835:00 HOURS, on the 20th day of May , 2004 at 508 HILLSIDE DRIVE NEW CUMBERLAND, PA 17070 by handing to AURORA NARDI, ADULT IN CHARGE 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 18.00 11.73 .00 10.00 .00 39.73 so.;:;~~ R. Thomas Kline OS/21/2004 CHARLES RECTOR Sworn and Subscribed to before By: iYL < b-~___ Dep~;'" SheriEf "- me this .;( '1~ day of ~ J,.VV'f A.D. Ch-~ (,) 7'h~##1 .1lf4. ProthonotarY: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRETT-MALE THERESA VS NARDI DANIEL D JR ET AL 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 NARDI DANIEL D SR the DEFENDANT , at 1835:00 HOURS, on the 20th day of May 2004 at 508 HILLSIDE DRIVE NEW CUMBERLAND, PA 17070 by handing to AURORA NARDI, ADULT IN CHARGE 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 r-~~' R. Thomas Kline OS/21/2004 CHARLES RECTOR Sworn and Subscribed to before By: ~. ~- Deputy Sheri~ me this ;l 'I ~ day of ~.. d-bo'f A.D. C L {2~ -- 'Jf~;othonotary'~ THERESA BARRETT -MALE, ESQUIRE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA V. : NO. 04-2135 CIVIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants : CIVIL ACTION - LAW To: Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr. 508 Hillside Drive New Cumberland, P A 17070 Date cfN01ice: 06/29/2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 TIDS 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY: CJ1fJJJJJ.~ Charles Rector, Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for the Plaintiff , ~ 1""" c:'.:.) = ,r." '- 9.: ~,.,. - (') .-i"J .-< :1: -" rn~'-: . f"'- "en :::-;)CJ (:'l"I c ~.;: >;< (~ :::':i .~~ f:Ji (.,) o -0 ~.,.,. f"-,) C.::J \..0 THERESA BARRETT -MALE, ESQUIRE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 04-2135 CIVIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Theresa Barrett-Male, Esquire, and against Defendants, Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr, for Defendants' failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendants were served with the Complaint on May 20,2004, and Defendants' answer was due to be filed on June 10, 2004. Attached as Exhibit "A" is a copy of Plaintiffs Notice to Defendants, which I certify was mailed by First Class United States Mail to the Defendants, at their last known address, on July 6,2004, which is at least ten (10) days prior to the filing of this Praecipe. , " Please assess damage in the amount of$10,794.99 (principal, interest, attorney fees, and court costs), being the amount demanded in the Complaint, as calculated on July 20, 2004. RESPECTFULLY SUBMITTED, c:- '-4~~ C~es Rector suire 11 04F=woo A "' 8..to 203 Camp Hill, P A 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: -:r!.JO/DY - .. THERESA BARRETI-MALE, ESQUIRE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. : NO. 04-2135 CNIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants : CIVIL ACTION - LAW 1'...... C~ "'rl :.-;-;1 )-;-. To: Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr. 508 Hillside Drive New Cumberland, P A 17070 Date of Notice: 06/29/20Q4 (:. ,-", r....,", (.- I~-:" IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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, TIllS 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY: CJ1~ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 CampHilI,PA 17011-6912 (717) 761-8101 Attorney for the Plaintiff I' f1 EXHIBIT ~ 7CJ ~ -ig. 1- ~ (") ...., 11:- ~ = 0 D c,::) ;=f,.;i,t ...- -I') 0 <- :ij '.-~. ; f ' f-;; ~ ,,:. .;::...:- i"1-:; ." ....... Lv (or,-' '" 'F Crt ~ - .., 1'11 CO ,~;~) ~ ~- ~ IN 1":; '--1.) G'" ~~ (':::; -0 ~L~ 33 ::J:: u D- c: -;,tCI ..0 Z ~ .:srti ~ -..P E ::< I p: (J1 ~p, co ::0 -< THERESA BARRETT-MALE, ESQUIRE 513 N. Second Street Harrisburg, P A 1710 1 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA V. NO. 04-2135 CIVIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. 50 I Hillside Drive New Cumberland, PA 17070 Defendants v. BLUE CHIP FEDERAL CREDIT UNION 5050 Derry Street Harrisburg, P A 17111 Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, (I) directed to the Sheriff of Dauphin County; (2) against Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., Defendants; and (3) against Blue Chip Federal Credit Union Garnishee; (4) and index this writ (a) against Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., Defendants (b) against Blue Chip Federal Credit Union, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: Any and all accounts of Defendants, Daniel D. Nardi. Jr. and/or Daniel D. Nardi. Sr. (5) Amount of Judgment Total $ 10.794.99 $ 10,794,99 plus court costs ,LJ \" Date:Ql.l.'l$101 BY: CJ-aA1GWA'~-/ Charles Rector, Esquire ID# 39121 1104 Fernwood Avenue, Ste. 203 CampHill,PA 17011-6912 (717) 761-8101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, ioterest and costs due THERESA BARRETT-MALE, ESQillRE, Plaintiff (s) From DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR., 501 HILLSIDE DRIVE, NEW CUMBERLAND, P A 17070 NO 04-2135 Civil CIVIL ACTION - LAW (I) 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 BLUE CHIP FEDERAL CREDIT UNION, 5050 DERRY STREET, HARRISBURG, PA 17111, ANY AND ALL ACCOUNTS OF DEFENDANTS, DANIEL D. NARDI, JR., AND/OR DANIEL D. NARDI, SR. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoioed 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,794.99 Interest L.L. Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $151.23 Plaintiff Paid Date: AUGUST 20, 2004 CURTIS R. LONG (Seal) Prothonot" ---- By: ~o,.-..4 _ P . c.-rntn/2c~~ Deputy , {(,. REQUESTING PARTY: Name CHARLES RECTOR, ESQillRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-8101 Supreme Court ID No. 39121 THERESA BARRETI -MALE, ESQUIRE 513 N. Second Street Harrisburg, P A 17101 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA v. : NO. 04.2135 CIVIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. 501 Hillside Drive New Cumberland, P A 17070 Defendants v. FIRST UNION 604 E. High Street Carlisle, PA 17013 Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland Countv; (2) against Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., Defendants; and (3) against First Union Garnishee; (4) and index this writ (a) against Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr., Defendants (b) against First Union, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: Anv and all accounts of Defendants, Daniel D. Nardi. Jr. and/or Daniel D. Nardi. Sr., including, but not limited to, Account No. 1010049472578. (5) Amount of Judgment Total $ 10,794.99 $ 10,794.99 plus court eosts Please levv anv and all personal property of the Defendants. BY: ~~ Charles Rector, Esquire ID# 39121 1104 Fernwood Avenue, Ste. 203 CampHilI,PA 17011-6912 (717) 761-8101 Date:~ [ ~. ----(q.r +- ~ 70 ~ ........ ~ ft- :4Q-(Q lrt ....... 'l5Q. w ~cn...ol.ftr:w"""", ~ .-- ...~.~CI1 !P .........w 8 ...) "l f>tD Il1 0 ~ ~ ~~ c ~ ~ ~f1. ()CCC'~~o I , I I AJ ff? ~ ?{f! C---. "<: , ... :::: ... , , ... , , , - , , C' " - ---- , - '" - ~f? ( , '.~ bf ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THERESA BARRETT-MALE, ESQillRE, Plaintiff (s) From DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR., 501 HILLSIDE DRIVE, NEW CUMBERLAND, P A 17070 (I) 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 FIRST UNION, 604 E. HIGH STREET, CARLISLE, PA 17013, ANY AND ALL ACCOUNTS OF DEFENDANTS, DANIEL D. NARDI, JR. AND/OR DANIEL D. NARDI, SR., INCLUDING, BUT NOT LIMITED TO ACCOUNT NO. 1010049472578 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is el\ioined from paying any debt to or for the account of the defendant (s) and from deliveriog any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,794.99 Interest Ally's Comm % Atty Paid $153.73 Plaintiffpaid L.L. $.50 Due Prothy $1.00 Other Costs Date: AUGUST 20, 2004 CURTIS R. LONG (Seal) Prothonotary _By: ;':z;o-,." _2. ~/(At-yr- Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQillRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-8101 Supreme Court ID No. 39121 SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-02135 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BARRETT-MALE THERESA VS NARDI DANIEL D JR ET AL And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:22 Hours, on the 1st day of September, 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT NARDI DANIEL D JR , in the hands, possession, or control of the within named Garnishee FIRST UNION BANK 604 E HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAUL FENTON (TELLER/MGR) 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: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So?~~ R. Thomas Kline Sheriff of Cumberland County 09/02/2004 this /t~ day ~ 'f A.D. (I ~a pr~tary By p ~).j/ Deputy ~,~ Sworn and subscribed to before Of~.......t,~ me ~,~ SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-02135 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BARRETT-MALE THERESA VS NARDI DANIEL D JR ET AL And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:22 Hours, on the 1st day of September, 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT NARDI DANIEL D SR , in the hands, possession, or control of the within named Garnishee FIRST UNION BANK 604 E. HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAUL FENTON (TELLER/MGR) 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: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So ans~y ~ .r:~ i~ , - A ~ r-.'JI!" ----e R. Thomas Kline Sheriff of Cumberland County 09/02/2004 Sworn and subscribed to before me this Jj::;' day of .4111" L o(.bV'f A. D. n7f~ Q lkdi,u # pr~tlonotary I By f) difX, , Deputy Sher~ SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee THERESA BARRETT-MALE, ESQUIRE : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR. : NO. 04-2135 and WACHOVIABANK, N.A., GARNISHEE RNTRY OF APPRARANCl~ TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. Date: ~, c:.:) C~-) ~-- ;:!: ~-J c) -i.:- \.D SIRLIN GALLOGLY & LESSER, P.c. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee THERESA BARRETT-MALE, ESQUIRE : COURT OF COMMON PLEAS : COUNT~OFCUMBERLAND vs. DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR. : NO. 04-2135 and W ACHOVIA BANK, N.A., GARNISHEE ANSWF.RS TO TNTF.RROGATORTF,S TN A.TTAC.HMF.NT TO: THERESA BARRETT-MALE, ESQUIRE, Plainliff I. No. 2. Yes. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Aurora Nardi, Daniel Nardi. The sum of $13,893.74 has been restricted pursuant to this Writ. Garnishee is unable to determine from its records whether this is an entireties account or a joint account. Garnishee incorporates herein by re~erence its New Matter as set forth below. 3.- 6. No. 7. See answer to No.2 above and No.9 below. NFW M A TTRR YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOu. 8. Garnishee incorporates by reference its Answers 10 Interrogatories one through seven above as though fully set forth herein. 9. As set forth above, the account titled Aurora Nardi, Daniel Nardi are titled to either lenants by the entireties or to joint tenants. Garnishee is unable to determine from its records as to the appropriate designation of the account. If the parties to the instrument are husband and wife, then such asset is an enlireties asset and is not subject 10 execution pursuant to a judgment against either party, but only pursuant to a judgment againsl both parti,es. If the assets are titled to joint tenanls, the assets cannot be executed upon wilhout competent proof by Plaintiff thaI the attached assets belong to the judgment debtor and without an appropriate Order of Court directing the Garnishee to permit execution against such assets by Plaintiff in whole or in part. Garnishee will stay further action pending a hearing and determinalion by the appropriate Court. Date: Wachovia Bank. N.A. P.O. Box 8667 Philadelphia, Pennsylvania 19101-8667 WACHOVIA Verification Kathleen Gormley, being duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wachovia Bank, N.A. Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false slatements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. Dated: ~-;)/-p7/ ~ ":? 'A '-"0 ~ <1 c. ':!" -oiJi ~n\ -z( ~)'; ::.s. ~~:. "I, ~.'''". -i> () '7,..... .;:,\_< yc. 3. ~ ~:n -"~ ~; Q ='i , :1:1'\ 0-- :t:~ S ~& .-0 :S ~ cJI u:> , THERESA BARRETT-MALE, ESQUIRE Plaintiff v. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PENNSYLVANIA DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR. Defendants No. 04-2135 and WACHOVIA BANK, N.A. Garnishee DEFENDANT DANIEL D. NARDI SR.'S SUPPLEMENTAL RESPONSE TO ANSWERS TO NEW MATTER BY GARNISHEE AND NOW COMES Daniel D. Nardi, Sr., Defendant and Aurora Nardi, by and through their attorney, Leslie D. Jacobson, and states as follows: 1. On September 21, 2004, Wachovia Bank, N.A., Garnishee in the instant case, filed Answers to Interrogatories in Attachment requested by Plaintiff. 2. Regarding Paragraph 9, of the New Matter, the funds in the account titled Aurora Nardi and Daniel Nardi, belong solely to Aurora Nardi, the mother of Daniel D. Nardi, Sr. Aurora Nardi is over ninety years old and in poor health. Daniel D. Nardi's name is on the account in order to facilitate access to those funds in the event she is unable to do so herself, and therefore his interest is nominal only. Leslie D. Jacobso 10# 52673 8150 Derry Stre t Harrisburg, PA 1 11 Phone: 717.909.5858 FAX: 717.909.7788 THERESA BARRETT-MALE, ESQUIRE Plaintiff v. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PENNSYLVANIA DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR. Defendants No. 04-2135 and WACHOVIA BANK, N.A. Garnishee CERTIFICATE OF SERVICE AND NOW, thi5~ day of 0d06H ,2004, I, Carolyn Smith, legal assistant at the Law Offices of Leslie D. Jacobson, attorney for the Plaintiff, hereby certify that on this day I served the within Supplemental Response to Answers to New Matter upon the persons indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, certified, return receipt requested, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Jon C. Sirlin, Esq. Sirlin Gallogly & Lesser 1529 Walnut Street Suite 600 Philadelphia, PA 19102 Charles Rector, Esq. Law Office of Charles Rector, Esq., P.c. 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 LAW OFFICES OF LESLIE D. JACOBSON By: & Carolyn Smi , Le al Assistant 8150 Derry Stre , Harrisburg, PA 17111.5260 PHONE: 717.909.5858 FAX: 717.909.7788 n S;','; .< r--> = C-..,:) $- co " --I I 0"\ (, -0 (") -11 :-J _1_1'\ f1'i':;;' _nrr1 ._'C',O t:>(-) ;::,J "y, ..1... _.,.~ ':;,~: Z-:') Lj(Tl ,~"'\ .;,-' ~~ :::..: !'--' W -' , ,,\~ of qrUllrhel'l ~~~ <tqq R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 October 8, 2004 Theresa Barrett-Male, Esq. ,/ vs Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr. No. 2004-2135 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated September 29, 2004, entered by Aurora Nardi, pertaining to Writ of Execution No. 2004-2135 Civil Term, Theresa Barrett-Male, Esq. -vs- Daniel D. Nardi, Jr. and Daniel D. Nardi, Sr. . R. Thomas Kline, Sheriff, has determined that the claimant, Aurora Nardi, in the above mentioned property claim, is prima facie the owner of the property set forth therein. ,~~:,,~~ R. Thomas Kline, Sheriff B(j ~ ",Q , &vJ_~:/baJu/ Charles Rector, Atty for PItff cc: Daniel D. Nardi, Jr., Deft Daniel D. Nardi, Sr., Deft Aurora Nardi, Claimant PROPERTY CLAIM In tbe Court of Common Pleas of Cumberland County, Pennsylvania Theresa Barrett-Male Writ No. 04-2135 CIVIL vs Daniel D. Narni, .Tr. Daniel n, N~~~t, Sr. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYL VANIA The property listed below and levied upon io this case is noI the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY Wachovia Bank NA Account No. 1010049472578 VALUE rnorp than $13,QQ4 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Personal Savjng~ ~~~~. ort.!i!:gT(JJ'fA~ ~ ryj County of Cumberland .AurDrti:. NMd; above lis!, in the property claim are correct and true. Sworn subscribed to before me I ThiS. -wdaOf< ~lf.I,j. .;IUbL )j.11JIL- Ai 0 ~ Pf'TIc/ " Claimant Aurora Nardi being duly sworn accordiog to law, deposes and says that the . ~ ~t NOTARIAl SEAL TAMMY L. KETTERER. NOTARY PUBUC SWATARA TWP., COUN1Y OF DAUPHIN ~ COMMISSION EXPIRES OCTOBER 30, 2006 ., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, ioterest and costs due THERESA BARRETT-MALE, ESQIDRE, Plaintiff (s) NO 04-2135 Civil CIVIL ACTION - LAW From DANIEL D. NARDI, JR. AND DANIEL D. NARDI, SR., 501 HILLSIDE DRIVE, NEW CUMBERLAND, PA 17070 (I) 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 ofFlRST UNION, 604 E. mGH STREET, CARLISLE, P A 17013, ANY AND ALL ACCOUNTS OF DEFENDANTS, DANIEL D. NARDI, JR. AND/OR DANIEL D. NARDI, SR., INCLUDING, BUT NOT LIMITED TO ACCOUNT NO. 1010049472578 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,794.99 Interest Atty's Comm % L.L. $.50 Atty Paid $153.73 Plaintiff Paid Date: AUGUST 20, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothono~ p -....ax: /b4r7/).-L . 7fb/2<'9~ Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQillRE Address: 1104 FERNWOOD AVENUE, STE. 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-8101 Supreme Court ID No. 39121 '~ ~ /tff; .~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certifi ed Mail Post Pone Sale. Garnishee TOTAL $ 18.00 1.65 .50 1.00 3.70 30.00 20.00 9.00 83.85 Sworn and Subscribed to before me This).t. ~day of(}a;~ 2004 A.D. (I. '/tJ-fJ )},u~..) I~ -1~thonotary "I', ';t,lJ,SHtGd " ' ~~ \J"-1 (,J ZO S ~Z ~D1 ~.l'" jjl\il;;I:;.; ,-I.,) > ..Ii'- cd.~(1 So Answers; 1~q~-\"l:~ R. Thomas Kline, Sheriff Q f CU~ C. &t.u;)I:xtIu~ By Claudia A. Brewbaker Advance Costs: Sheriffs Costs: 150.00 83.85 $ 66.15 Refunded to Atty on 10/21/04 ,,5'0 <:; -c "- - '->.\' " Ib!bJJ ~, :::::-~ !;.LL_~ 'l:dh 10 Ut.4170'l e.... Ij-~ 1 ~ THERESA BARRETT-MALE, ESQUIRE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA v. : NO. 04-2135 CIVIL TERM DANIEL D. NARDI, JR. and DANIEL D. NARDI, SR. Defendants : CIVIL ACTION - LAW PRAECIPE TO MARK AS SETTLED TO THE PROTHONOTARY: Please mark the action in the above-captioned matter as Settled, Satisfied and Discontinued. RESPECTFULLY SUBMITTED: ~~CW~~~ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 CampHill,PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date:~ () 1"--..) () C-:) I r.:"~;"l -1 j .~ C ".,1 ...--..: CO ,- (,,) ":.... .- .. ..' 1"'0 SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee THERESA BARRETT-MALE, ESQUIRE : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. DANIEL D. NARDI, JR. AND DANIEL D. NARDI, : SR. : NO. 04-2135 and W ACHOVIA BANK, N.A., GARNTSHFF : ATTORNEY LD.#17498 RTT.I, OF COSTSOFGARNTSHFF, WACHOVTA RANK, N.A. Garnishee, Wachovia Bank, N.A., hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: Other: $] 75 00 $ 000 $ 000 $ 000 $ 500 $ 000 TOTAL: $lROOO JON~ Attorney for Garnishee Costs are hereby taxed in the amounl of$ ,,pO. 60 this It. -+-~ay Of);-~ ' 2005. r '""'\7 I j ~"nh2, > K . PROTHONOTARY ~: ho~' P cmCQMr~ L.. I r'CJ ,"'" FEB-04-2005 11: 47 SG&L 2158649669 P.02/02 THERESA BARRETT.MALE, ESQUIRE ; COURT OF COMMON PLEAS : COUNTY OF CUMB.ERLAND V5. DANIEL D. NARDI, JR. AND DANIEL D. NARDI,: SR : NO. 04-2135 and WACHOVlABANK, N.A. r.AR1'Jl~HF.F A TiORNEY I.D.# n'Rnli:R TO n''''C:ONTrNTrR 4TTArJUW'ItN'T ~X1tCllTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, N.A. discontinued, upon payment of your costs only. 07~~- CHARLESRB R Attorney for Plaintiff TOTRL P.02 ..Ja. P\1- ~ V( Q Q- - ~ ~ ~ & ..:J C> ".0 -n ~ ...() --l "'" / :b !t ~ ~ ---I.... <:::0 \..0 --~~".~.._..., -