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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 ~Ji~tl4!?i~ 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 L ~ Docket No.: CV- 0000034 - 04 Date Filed: 2/24/04 DEFAULT JUDaMRNT PLTF [iJ [iJ 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 ;Y/> J/{;/fP \ tl, r<; r ~ ~ ',,> C) , , -Tl ~n'.." .-i \ 7\:::, T v..; ~: -- Ii-I -- C ~. ,., , V\ - , , - OJ, \,., '" .. .:~.~. " --C -- I v", 11\ :-t, - t ~ C:P ':\ V- ,.n , ""' C' .. '" <:> .c. 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 ~ - 20 [j~ ----- 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 (~'. !,"-,.j r:) ., , ::;:I ,"I i:":~ :~~~: (:-' ('I '-...1 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; ~D~,~ .\,0 ~ t-:p., .-:) [D,no ~ lb)tq~~- (5) Judgment Amount Interest Clerks Fee Sheriff Poundage Total (4b ~ vult [(11) U Patricia A. Cobb, Esq. ' Attorney for Plaintiff Dated'1- Jo-ar;; ~ ~ ('--\ ", r ~ c- :::::::) ,. ~ .:;_"l -I....:) ("'-,"1 --n ::i:, --! -T~ ... \>> ;:-;'1 (' '" I ~ Iu .. r,) ~ " -- -c: '" \' ~ ~ (;/ (..n '-J .. ... ~ -.... -:.. ~..Q~ 'N ''E)'~~ <>-. ':'- 'd ~ -,... '>-- t 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 I~~., 25 c <":..n -Tj , f'~.) -" C' en (.,.) 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 n -"I, , r"C' "',c.' r:,r: (.;..-; - ~ q\\\u=:; 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? r ~ 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. ~ 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 ~ 0Vne't. , ""'. "of:'. " ('~:'. ,'1' S\\tJ,,\'-i'f .:.....n..."'.."":"l,l.:-:>!\. l~~'J t>,\i\) -1 ~ ,: 1'6 -~ 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' /-" ~~'''Jlll~~~ 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 ~ .-> <'CO> 0 ~ <::;..:.:J 01 >1 0 ..... J0 ,-, :r \ -I rllp1 -- ?3eJ <'- ., , -:> ",.'_.' ..... y -0 .., ::c: ~~~ - 0 Y? r"':J !\;) 0 :< ""- '" "'" b<; ~ . 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 Pgstage ~is\18P [!PTAh (/) <( l' ' L._J CD I c.'.) :.:::> ~:c tL.: t..r> = = "-' \1.- ~~.. ~. ~,.,./,~ / r~~~ /) 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~ By ('jQf1l1~~~~J~/ <:) <' ~ w - <' ,'('~ >~' .'t< 1> .'~ ,); ~~." ~ ~', " 0{ 5' If S51j · I.""\) ~. J 19 '7 '1'1 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