HomeMy WebLinkAbout04-2316
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
Plaintiff
No 0 'I. .:? 3/4 ~ / '-'-'
vs,
TONY A S HELM
105 SIDPPENSBURG MOBILE E
SHIPPENSBURG, PA 17257-8627
PRAECIPE FOR ENTRY OF JUDGMENT
Defendant( s)
To the Prothonotary of CUMBERLAND County:
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice,
A) Date oflnstrument: 03/10/2004
B) Amount of Judgment: 4.008.29
C) Interest From: 03/10/2004
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, P A 18504
4) I hereby certifY that the address of the defendant is:
TONY A S HELM
105 SHIPPENSBURG MOBILE E
SHIPPENSBURG, PA 17257-8627
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Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, P A 18504
570-342-1600 Ext. 202
Attorney ill 39688
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist.No
09-3-01
OJ Name' Hon
HAROLD E. BENDER
Addeo'" 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBORG, PA
T",p"," (717) 532-7676 17257-0361
COMMONWEALTH FINANCIAL SYSTEMS, INC
120 NORTH KEYSER AVENUE
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT;
Judgment:
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'coMMONWEALTH FINANCIAL SYSTEMS, me
120 NORTH KEYSER AVENUE
SCRANTON. PA 18504
L ~
VS.
DEFENDANT: NAME and ADDRESS
'HELM, TONYA S. -,
105 SHBG MOBILE EST
SHIPPENSBORG, PA 17257-8627
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Docket No.: CV- 0000034 - 04
Date Filed: 2/24/04
DEFAULT JUDaMRNT PLTF
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Judgment was entered for:
(Name)
r.oMMQN"fRlt.TlI'H Jl'TNlt.NCT, It.T. SYl'l'l'F!
Judgment was entered against: (Name)
in the amount of $
HF!T.M, 't'ONYA l'l.
:>'/10/04
4, OOR _ 29 on:
o Defendants are jointly and severalJy liable.
o Damages wilJ be assessed on:
o This case dismissed without prejudice.
O Amount of Judgment Subject to
Attachment/42 Pa.C,S, ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment)
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 3,908.04
$ 100.25
$ .00
$ .00
$ 4.008.29
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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE,
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
S If}- ~ ( Date
#~Z-~
, District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
~;;'f)-~ t( Date /~ /~ ,District Justice
My commission expires first Monday of January, 2006
AOPC 315-03
DATE PRINTED:
3/10/04
SEAL
3:29:53 PM
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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
Plaintiff
vs,
No. 0'1- ~3 1<. ~ 'IL-
TONY A S HELM
105 SlliPPENSBURG MOBILE E
SHlPPENSBURG, P A 17257-8627
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 swom according to law deposes and says that the above
named defendant(s): TONY A S HELM; 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): TONY A S HELM; is(are) older than eighteen years of age;
That the employment status of the defendant(s): TONY A S HELM; is(are) unknown.
Th.h~~w~ ~Jh ~
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COMMONWEALTH OF PENNSYLVANll
Notarial Seal
/ C'lySlepfhanS Ie Gullone, Notary Public
J 0 Cranton, Lackawanna County
My Commission Expires June 21,2004
Member, Pennsylvania Association of Notaries
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P A Supreme Court Rule of Civil Procedure 3101 to 3149
Plaintiff
In the Court of Common Pleas of CUMBERLAND
County, Pennsylvania, Civil Division
Commonwealth Financial Systems, Inc.
Vs,
TONY A S HELM
105 SHIPPENSBURG MOBILE E
SHlPPENSBURG, PA 17257-8627
NO~
Defendant( s)
vs
M&T Bank
One West High St
Carlisle, PA 17013
PRAECIPIE FOR WRIT OF EXECUTION AND
ATTACHMENT (MONEY JUDGMENT)
Garnishee
To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER
(I) Directed to the Sheriff of CUMBERLAND County, Pennsylvania;
(2) Against TONY A S HELM, 105 SHlPPENSBURG MOBILE E. SHlPPENSBURG, PA 17257-8627
Defendant(s)
(3) And against
M&TBank
One West High SI.
Carlisle, P A 17013
Garnishee(s);
(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 acconnt balances; checking account balances;
Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 182-66-ll46O;
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Judgment Amount
Interest
Clerks Fee
Sheriff
Poundage
Total
(4b ~ vult [(11) U
Patricia A. Cobb, Esq. '
Attorney for Plaintiff
Dated'1- Jo-ar;;
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WRIT OF EXECUTION andlor A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N004-2316 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC
PlaintiIf (s)
From TONYA S HELM 105 SHIPPENSBURG MOBILE E" SHIPPENSBURG PA 17257--8627
(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
ofM&T BANK ONE WEST HIGH STREET, CARLISLE, PA, 17013
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, DEFENDANTS SSN 182-66-8460
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$ 4008,29
Interest $ 96.16
L.L.$ 050
Ally's Comm
%
Due Prothy $1.00
Atty Paid -$ 37.25
Plaintiff Paid
Date: AUGUST 2, 2005
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name PATRICIA A COBB ESQUIRE
Address: 120 N KEYSER AVENUE
SCRANTON, PA 18504
Attorney for: PLAINTIFF
Telephone: (570) 347-1115 EXT 202
Supreme Court ID No. 39688
In the Court of Common Pleas of Cumberland County, Pennsylvania
Civil Division
Commonwealth Financial Systems, Inc.
120 N. Keyser Avenue
Scranton, PA 18504
Plaintiff
File No: 04-2316
Vs,
Tonya S. Helm
105 Shippensburg Mobile K
Shippensburg, P A 17257
Defendant (s)
Vs,
M&T Bank
One West High St.
Carlisle, P A 17013
Garnishee (s)
Praecipe for Entry of Appearance
Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. in the above-
captioned matter-
Date:J- 2o-ot::;
Signature: QJu U IJJft{rJlJ ~
Print Name: p{,cty)Q.w {J- {rkbtS(
Address: 120 N. Keyser Avenue
Scranton. PA 18504
Telephone No: (570) 347-1115 ext 202
Supreme Court ill No: 39688
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Commonwealth Financial Systems, Inc,
120 North Keyser Avenue
Scranton, P A 18504
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
Plaintiff
vs.
No. t U - L~) l 0
TaNYA S HELM
!O5 SHIPPENSBURG MOBILE E
SHIPPENSBURG, PA 17257-8627
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): TaNYA S HELM; 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): TaNYA S HELM; is(are) older than eighteen years of age;
That the employment status of the defendant(s): TaNYA S HELM; is(are) unknown-
v~JcYob!J
Patricia A Cobb, Esquire "
fore me this~ day Of~20 oc:
NO SEAl
JENNIF R LOEH
Notory Public
CllY OF SCRANTON. LACKAWANNA COUNlY
My CommissIon Expires Mar 2. 2009
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Commonwealth Financial Systems, Inc,
120 North Keyser Avenue
Scranton, P A 18504
In the Court of Common Pleas of
Cumberland County Pennsylvania
Civil Division
No 04-2316
Plaintiff
Vs
Tonya S. Helm
105 Shippensburg Mobile E.
Shippensburg, P A 17257
Interrogatories in Attachment
Defendant( s)
Vs
M&T Bank
One West High St,
Carlisle, P A 17013
~
Garnishee
I
RE: Execution of Judgment against your depositor Tonya S. Helm aka Tonya S. Freet SSN#
182-66-8460,
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:
I) 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 such account(s)
and the primary account holder and if known whether joint account is entireties
property. 1 C' "\'L'gl a"S
\ON'-!J'AX. c...~ f-<l-'i...'L"\ \Oc:::,~ \. \
2) At the time you were served or at any subsequent time, what was the balance and
account number of the bank account(s) identified in Interrogatory #1?
1:'
3) At the time you were served or at any subsequent time, please list the average daily
balance in the past five (5) months for each such account identified in your answer to
Interrogatories number one (1) and two (2) above,
.
~
4) At the time you were served or at any subsequent time, did the bank account(s) that
the Defendant possessed contain funds derived solely from social security funds
and/or disability funds?
~
5) At any time before or after you were served, did the Defendant(s) transfer or deliver
any property or money to you or to any person or place pursuant to your direction or
consent, and if so, what was the consideration therefore?
~
6) At any time after you were served, did you pay, transfer or deliver any money or
property to the Defendant(s) or to any person or place pursuant to the Depositor's
direction or otherwise discharge any claim of the Depositor against you?
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7) At the time you were served qr 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) Identify every other account (not previously noted) titled in the name ofDefendant(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 or escrow account, attorney's account, or otherwise.
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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).
::v~~~~kimc,
Patricia A. Cobb, Esquire
120 N Keyser Ave
Scranton, P A 18504
570-347-1115 Ext, 202
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-02316 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
HELM TONYA S
And now DAVID MCKINNEY
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:20 Hours, on the 17th day of August
, 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
HELM TONYA S in the
hands, possession, or control of the within named Garnishee
1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KANDY COYLE (ASSISTANT BRANCH 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 Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
,00
.00
,00
,00
So an:~7i' /-"
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R. Thomas Kline
Sheriff of Cumberland County
08/18/2005
this Jjjlff) day of ..4dI~{J5J
2no, ~
protfnotar
By
p:;:;;?/;e.
Deputy Sh~
Sworn and subscribed to before me
Commonwealth Financial Systems, Inc,
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
Cumberland County Pennsylvania, Civil
Division
Plaintiff
Vs,
No: 04-2316
Tonya S, Helm
105 Shippensburg Mobile R
Shippensburg, P A 17257
Defendant
Praecipe to Dissolve the Attachment
Vs,
M&T Bank
One West High St.
Carlisle, PA 17013
Garnishee
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment.
Thank you,
~"~~~
Lawyer ID # 39688
Commonwealth of Pennsylvania
Lackawanna County
Sworn and subscribed before me on this ~ day of 1Y~
20~
NOTARIAL SEAl
JENNIFER LOEH
Notary Public
CITY OF SCRANTON. LACKAWANNA COUNTY
My Commi~sJon Expires Mar 2. 2009
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R. Thomas Kline, Sheriff, who ~~fi1~ ~~y ,~~ing to law, states this
Writ is returned ABANDONED~'n.o actioh 'takeN 1'11 '(J}f'months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
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Z005 AUG - 2 P 3: .&&ance Costs: 150.00
Sheriffs Costs 84.15
18.00 65.85
1.65
.50
1.00 Refunded to Atty on 06/23/06
4.00
30.00
20.00
9.00
84,15 ,/ fd. ~ t,./.Ji/U,
So Answers;
~~~~
R. Thomas Kline, sk~
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC
Plaintiff (s)
From TONY A S HELM 105 SHIPPENSBURG MOBILE E" SHIPPENSBURG P A 17257--8627
N004-2316 Civil
CIVIL ACTION - LAW
(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
ofM&T BANK ONE WEST HIGH STREET, CARLISLE, PA.17013
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. DEFENDANTS SSN 182-66-8460
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$ 4008.29
Interest $ 96.16
LL$ 0.50
Atty's Comm
%
Due Prothy $1.00
Atty Paid -$ 37.25
Plaintiff Paid
Date: AUGUST 2, 2005
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name PATRICIA A COBB ESQUIRE
Address: 120 N KEYSER AVENUE
SCRANTON, PA 18504
Attorney for: PLAINTIFF
Telephone: (570) 347-1115 EXT 202
Supreme Court ID No. 39688