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Home My WebLink About01-1142NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 -//q,,KCIVIL TERM NOTICE 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 CLAIMS 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 IMPORTANT RIGHTS. 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, Pennsylvania 17013 (717) 249-3166 New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Date: NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 -//¥-& CIVIL TERM COMPLAINT 1. New Cumberland Federal Credit Union is a federally chartered non-profit credit union with its principal place of business being 345 Lewisberry Road, New Cumberland, Pennsylvania 17070. 2. Defendant Robert R. Boyer, Jr., is an adult individual presently residing at 322 South Cherry Street, Myerstown, Lebanon County, Pennsylvania 17067. 3. On September 17, 1986 Defendant entered into a promissory note with the Plaintiff for the principal sum of $40,179.22 payable at 17.00% interest for a thirty (30) year term. A tree and correct copy of the promissory note is attached hereto as Exhibit "A". Defendant's last monthly payment of $572.83 was received December 29, 2000. Plaintiff has demanded repayment from Defendant with no response from 5. Defendant. 6. As of February 1, 2001 the principal and accrued interest balance remaining unpaid was $15,806.84 with a dally interest accrual of $4.04. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in the amount $15,806.84 plus interest from time of filing suit and court costs. S~n ffowe~, Es'quire 619 Bridge Street New Cumberland, pA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. I am authorized as the President of the New Cumberland Federal Credit Union to execute this document on behalf of the corporation. BY: Donald M. Vamer, Pre~td'ent New Cumberland Federal Credit Union, A non-profit federally chartered credit union Date: EFILAND ~ECU DATE HOME TELEPHONE NUMBER ~ r SOCIAL SECURI ,*Y NUMBER MEMBER ACCOUNT NUMBER YOU REQUEST THE FOLLOWING ADVANCE SUBJECT TO THE TE~MS AN[I CONDITIONS OF YOUR $ ~ /~ DA~E W~TED PURPOS~LOAN SUeAC~UNT DESCRIPTION ~?{~;~';~ ~ ~'~:;:~ ~[~:~ '. -~ ~ CHANGES SINCE LAST ADVANCE DAILY PERIODIC RATE ANNUAL PERCENTAGE RATE NTEREST ~TE IS: I OmER CHARGES 'DE~RIBE~ LOAN LIMIT ¢&¢75 77, 0 O/o ' PROJECTED LOAN TERM: PERSONAL BUSINESS I I FARMING '°URCHAEE MONEY; IYEs I~ NO KEY NO li4:ltill.l$~ - ' THE TERMS OF YOUR SECURITY AGREEMENT ARE ON THE REVERSE SIDE. IF YOU AGREE TO MAKE AND'BE EOUNO BY THE PROMISES IN THESECUR TY AGREEMENT, SIGN BELOW OR SIGN UNDER THE ACKNOWLEDGMENT ON THE ADVANCE pROCEEDS CHECK. ' '- · ' YOU AGREE TO MAKE PAYMENTS OF THE AMOUNT AND AT THE TIME SHOWN IN TIlE SECTION ABOVE ENTITLED PAYMENT TERMS. IF ONE OR MORE ~OF THE ITEMS BELOW IS CHECKED, YOU ALSO AGREE TO ITS TERM(S). -~] THE CHANG{~ IN 'THE TERM(S) OF YOUR LOS~'{~I'L~ AGREEMENT MA~KED WITH A STAR(*). In this agreement all references to "credit union" mean the credit union wnose name aDD®ars on tnb reverse side and anyone [e whom the credit union assigns the LOANLINER® Credit Agreement. All references to "'the advance" mean the advance descrioeo on the reverse side. All references to "you" mean each person who signs this agreemenT. THE SECURITY FOR THE LOAN -- By signing this security agreement on the reverse s~oe or Dy signing the statement referring to this agreement on the back of the check you receive for your aovance, you give the Ct®hit union what ~s Known as a security interest in the property described on the reverse side. The security interest yod give includes all accessions. Accessions are things weico are attacheh to or installed in the property now or in the future. THe security interest also includes any replacements for the property which you buy within 10 eays of the advance or any extensions ~enewals or refinancing of the advance. It also incluoes any money you receive from selling the property or from insurance you nave on'ih® orooerty Ifthe value of the property declines, you promise to g~ve the credit union more property as securay if asked to do so. WHAT THE SECURITY INTEREST COVERS --The security Interest secures tnb advance described on rne reverse side and any extensions. renewals or refinancings of that advance. ~t also secures any omer advances you nave now or recewe m the future under the LOAN LINER® Credit Agreement and any omer a~ounts you owe the credit union for proof of coverage to me credit union if asked to do so. If you cance~ your insurance aec get a refund the credit umon has right to the refun¢ If the property is lost or,damaged, the credit union 'tau use the insurance settlement to repair the prop~Yty or ~pl~ it towards what you owe. You authorize the credit union to indd~'y draft or check which may be payable tu you in order for the credit U to collect any_~:~ef.un.d.o[ ~er]ofits due under'your nsorance'po cy If you do not pay the taxes or fees nn tnb properTy when due or keen it insured, the credit union may pay these obhgafions, but is not requlrea to do so. Any 'honey the credit umon soends for taxes, fees or insurance w~ll be added to the unpaid balance of the advance and you will pay interest on those amounts at me same rate you agreea to pay on the advance. If the credit union adds amounts for taxes, fees, or nsurance to me unpaid balance of your aavance, your payments may be increased by the amount necessary for the advance to De paid off in the same number of months originally scheduled. DEFAULT ~ You will be in default if you break any promise you make under this agreement. You will also be in default if you are in default under the LOANLINER~ Credit Agreement WHAT HAPPENG IF YOU ARE IN DEFAULT -- When yOU are in default, me credit umon can. without advance notice to you, require immediate payment of what you owe un~ .=r the LOANLINER~ Credit Agreemenl and take Possession gl the property. You agree the credit unior has the any reason now or in the future f the property aescrlptlon ~s marked r~ght to.take ~os~ess~on of the property without going to court ~nd w~ h two stars (--), the property will secure only the advance described ~ { .without giving yoO advance notice, f you are asked to do so by the offthe reverse side. ' _ ...... ti;edit uOidn Ybup'romisetodelivertheprdpertyatatimea~idplacethe OWNERSHIP OF THE PROPERTY -- Yo~ promise that you own me credit'u~ionchoo~es. ThecreditunionwillnotberesDonsible~oranyof property, or if this advance is to buy me property, you prom~seyou will your other property, not covered Dy this agreement, thai you leave use the advance for that purDose. You promise that no one ers® has any inside the property. The credit union will try to return teat property to interest in or claim against the ~roperty tl~at you have not already tole you or make it available for you to claim. the credit union about. You promise not to sell or lease me property or A ter the credit umon has possession of the property ~t can sell it aha to use it as security for a loan with another creditor untilthe advance isapp y the money received to any amounts you owe the credit union. repaid. . The credg union wi gveyounoticeofanypub csaeor he date after PROTECTING THE SECURITY INTEREST-- If your stat®issues ~lt tie for th~-: ;w~i~ia ~r vat® sale ~ill be h~ld,:The e~penses 6~ the trod tun ~Q-for' property, you promise to'hAve the bredit union's security inter'e~t takinopOsse~sipnofand, sellinotbepro~ertywillbedeductedfron~-the shown on the title, The credit union may have to file what is called a money received from the ~ale. Those costs may includ,e the ~OSt Of financing statement to protect its Security mt®rest from the claims of storing the property, preparing it for sale and attordey s fees tb the others. If asked to do so. you promise to sign a financing statement, extent ~ermitted under state law or awarded undei:-§506(l~) o~' :tHO You also p[omlse to do whatever else the credit -union thinks is. BaEI~ryp[~Y Code. The rest of the sa!e money will ne applied to what necessary to protect its security interest n the property you ~we under !he LOANL NER®'Cred t Agreement U 0F PROPERTY ~ Untd the advance has been pa d off, you promise .. f YOU have agreed ~o pay the advance you will also have to pay any you wilh (1) Use the property careful y and keep t n good regair;~(2) ; ~'am.~Up[[ ~hat roma ns unpa d after the sale money has been applied to 0bf~in ~,Witt0h ~ermission from the Credit U~ion before m~ik~r~"~'aj~jrthe ,on'paid balanc~ ,of ~the adva~ and to what yo'u'0we unde¢ this changes to the property. (3) Inform the credit union in writing before agreement. You agree't(~ pay rntei"es['on th~it a~ount at the same rate changing your address or the address where me property is kept. (4) ~.;~ asjhe advance u,qt hat amount has been para. Allow the credit Union to inspect the prdp~rty. (5) Promptly notify the'~'~ DELAY IN ENFORCING RIGHTS AND CHANGE8 IN THE AGREEMENT -- The credit union if the property is damaged stolen or abus~d. 6 NOt ij~ ~ 'credit [J~ipn can delay enforc ~ any of its right~'under this agreement the property for any unawfu purpose - - an nu~ 'r' ' ' ' " ' ' .. . : ; . . , y be of-hmes w~thout losing the abd~ty to exercise Its rights PROPERTY INSURANCE, TAXES AND FEES -- You promise to pay all taxes later. The credit union Can enforce this acre®men age nstyour heirs or and fees (like registration fees doe on the property and to keep the '- legal repre'sentatives. If the credit un on changes the terms of the property insured against loss and dama~. The'ameunt and co~erage .~ LO/~NLINE, R® C~*edit Agreement, you agree that thisCagreement will of the properly'insurance must be acceptab e to the, cred t un, oh(:You, , ',, .-c°nt nde:tO protect the cred t un on may'provide the prop'ei~y insurance through a policy yod already CONTINUED EFFECTIVENESS --' If any part of this agreement is have or through a policy you get and pay for. You nrom~seto make tde determined by a court to De unenforceable, the rest will remain in insurance poiicy payable to the credit un on and to deliver the pollc~,*o~effect, - ; ourcnases the insurance the insurance ourchased by the croon union Will cover gray [ne crc0 r union s Interest - tnb property The insurance wi not De hability insurance THE PROPERTY DESCRIPTION ON TRE REVERSE SIDE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON THE REVERSE ? - ~[e] ;[I,];I ;~ ~] I] ~ I [e] ~ IIJ..',J =[~] IF YES, ATTACH ADDITIONAL SHEET AND DESCRIBE CREDIT COMMITTEE SIGNATUREB ADVANCE AppROVE~ [] YES [] NO (INIT~ALS~ SHERIFPIS RETURN CASE NO: 2001-01142 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS BOYER ROBERT R JR - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, BOYER ROBERT R JR but was unable to locate Him deputized the sheriff of LEBANON serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 9th 2001 attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Lebanon County 18.00 9.00 10.00 36.03 .00 73.03 03/09/200 STEVEN HOWELL Sworn and subscribed to before this /~- ~ day of ~t ~/ A.D. ~! Prothonota~/ this office was in receipt of the SO ans~.r~s :~.~ ~_~.~.~.~ . Sheriff of Cumberland County me NOTICE & COMPLAINT NO. 2001-1142 NEW CUMBERLAND FEDERAL CREDIT UNION VS. ROBERT R. BOYER, JR. Lebanon, PA., March 7, 2001 (RETURN TO CUMBERLAND CO. SHERIFF) DOCKET PAGE 16173 STATE OF PENNSYLVANIA } COUNTY OF LEBANON} SS: David A. Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within NOTICE & COMPLAINT upon ROBERT R. BOYER, JR., the within named DEFENDANT, by handing a true and attested copy thereof, personally, to Vicky Boyer, she being his wife and an adult member of his family, on March 6, 2001, at 10:20 o'clock A.M., at their residence, 322 South Cherry Street, Myerstown (Borough), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me this 7th day of March, A.D., 2001 NAN ¥ L 5TARNER NotAry ,ebal~o~ Lebanon County Pa SO ANSWERS DEPUT~ SHER~ FF / . S SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs paid on 3/5/01 Check No. 31597 Amount 100.00 Costs incurred: Amount 36.03 Refund: Check No. 9480 Amount 63.97 Ail Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 1142 CIVIL TERM TO: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED 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 (10) 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: March 28, 2001 BY:~ 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff A~ ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 AVISO IMPORTANTE FECHA DEL AVISO: March 28, 2001 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUIRIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties or counsel of record via postage prepaid, first class United States Mall addressed as follows: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 Date: March 28, 2001 /619 Bridge Street J New C~berland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V, ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 1142 CIVIL TERM PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT TO THE PROTHONOTARY: Please enter a default judgment in the mount of $15,806.84 plus court costs and per diem interest of $4.04 since February 1, 2001 as of April l~[ , 2001 against the Defendant due to his failure to respond to the Complaint served upon him on March 6, 2001. A 10 Day Notice was served on March 28, 2001 as shown on the attached Certificates of Mailing and filed on March 29, 2001. No answer having been filed or served as of April 11, 2001 please enter the default judgment. By: Ste nH~ow ,~ ,~19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Date: April 11, 2001 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing documem was served upon all interested parties or counsel of record via postage prepaid, first class United States Mail addressed as follows: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 Date: April 11, 2001 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200l - 1142 CIVIL TERM TO: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 (10) 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: March28,2001 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 AVISO IMPORTANTE FECHA DEL AVISO: March 28, 2001 USTED ESTA EN REBELD1A PORQUE HA FALLADO DE TOMAR LA ACCION REQUIRIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROX1MOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties or counsel of record via postage prepaid, first class United States Mail addressed as follows: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 Date: March 28, 2001 ~ 9 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff u.s. POSTAL SERWCE CERTIFICATE OF MAILING MAY BE USED FOR DoMEsTiC AN--~ INTERNAT~-O-~AL MAIL, DOES N~T PROVIDE FOR INSURANCE--POSTMASTER Received From: a-./e o,...- Co_..,- K,,O r-/070 One piece of ordinary mai/ addresse0 to: PS Form 3817, Mar, 1989 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 1142 CIVIL TERM ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT TO: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 YOU ARE HEREBY NOTIFIED THAT ON April /o~J ,2001 THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE CAPTIONED CASE. $15,806.84 PLUS COSTS AND PER DIEM INTEREST OF $4.04 SINCE FEBRUARY 1, 2001. DATE: Certification of Defendant's Address I HEREBY CERTIFY THAT THE NAME AND ADDRESS OF THE PROPER PERSONS TO RECEIVE THIS NOTICE IS: ROBERT R. BOYER, JR., 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067 Date: April 11, 2001 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Prothonotary PRAECIPE FOR WRI'I' OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3~01 to 3'~49 NEW...C.U~BF~LAND. JFEDERAL..CRED.I T.. UN ION IN THE COURT OF COMMON PLEAS OF }~FOv~ COUNTY, PENNSYLVANIA Cumberland VS. ROBERT R. BOYER, JR. Judgment No.03.r .~ 3.4 2 ....... Term, 19 ..... PRAEC1PE FOR WRIT OF EXECUTION (MONEY JUDGMENT) TO the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of .... ......,Cumberland ........... ....... .. County, Penna.; (2) against ......................................................................................... ROBERT R. BOYER, JR., ............................................................................. Defendam(s); (3) and against ........ .~...&.. ?., .B.A..~.K. ................................................... Garnishee(s); (4) and index this writ (a) against ..................................................................................... ...................................................................... Defendant(s) and (b) against... M & T BANK (Defendant's Account 'O~i~' West ~{lgh ~treet ........... · ...C.a. K%.i,$~l,~.~. , P.A..'l .7.0 ~1.3 ........................................... Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as (Specifically describe property)* (5) Amount due $.. ~,,.8..4.0....8.5. ....... Interest from t .................... Total . . ,5.r.O .4,Q, {3.5. ....... Plus costs. Dated...b. ~ .~ .~. L~..~. .................. ..... ~/Steverf Howell, Esquire ..... / ID 62063 619' ' 6206 9 Brld e Street Under paragraph (1) when the writ is directed to the sheriff of another county as authorsze~ by'Rule 3.L03(h), :l~ co~llt~sh~u[d be~indJc~egi, Under Rule 3103(¢) a writ issued on a tranferrred judgmet%l may be directed to the sheriff of the county in ',~hich issued, i_%[ew ~umD~ r ~a~ i ~ 1 7 Pmr~raph (3) a~ve should be eomDlet ed only if a .amed Sar .i:hee is to be included i~ Ihe will, ( 7 1 7 ) 7 7 0 - 1 2 7 7 Par~ta~h (~) (a) a~ve should be completed only if indexin~ of the ex~ution in t he county of issuance, ia desired as authorized b~ Rule 31 ~(a) When the writ issues to another count y infiexi~8 is r~uired as of course in that counly by the prothonotary, ~e Rule 3 I~(b). Paragraph (4) {b) shoul~ ~ completed only i[ real pro~rty in the name of the 8ar nishee i~ attached and indexins a~ a lis ~ndes is desired. See Ru~e 3 I~(c) eA de~r piton of sp~fic ~ro~Hy to be levl~ u~n or attach~ may ~ set fomh in the Dta~ipe or included by e~htblt attached. u~.{8 ;;~DoN uo{ssujuo~ ,(q po,;~:lu~ ou {u;~u~Spnf WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVAN1A) NO 01-1142 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION, Plaintiff (s) From ROBERT R BOYER, JR., 322 SOUTH CHERRY STREET, MYERSTOWN, PA 17067- 1321 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also d/rected to attach the property of the defendant(s) not levied upon in the possession of M & T BANK, ONE WEST HIGH STREET, CARLISLE, PA 17013 - GARNISHEE ~ DEFENDANT'S ACCOUNT 88194363 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 fi.om 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 garff~shee and is enjoined as above stated. Amount Due $5,840.85 Interest Atty's Corem % Arty Paid $155.53 Plaintiff Paid Date: DECEMBER 1, 2003 (Seal) REQUESTING PARTY: Name STEVEN HOWELL, ESQUIRE Address: 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-1277 Supreme Court ID No. 62063 L.L. $.50 DueProthy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy SHERIFF'S RETURN - CASE NO: 2001-01142 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERL~ND GARNISHEE NEW CUMBERLAND FEDERAL CREDIT VS BOYER ROBERT R JR And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:10 Hours, on the 4th day of December , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BOYER ROBERT R JR , in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAY BORGAONKAR (SALES ASSOCIATE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this ~ ~ day of k~{~ ~ ~ A.D. pz~ot, honot ary J R. Thomas Kline Sheriff of Cumberland County 00/00/0000 I Deputy Sheriff NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ROBERT R. BOYER, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT ~e.~f)c-,~o$~_~ ~O. 2001-1142 CIVIL TERM PLAINTIFF'S INTERROGATORIES IN ATTACHMENT TO: GARNISHEE M & T BANK ONE WEST HIGH STREET CARLISLE, PA 17013 DEFENDANT ROBERT R. BOYER, JR. (SSN 172-36-9192;ACCOUNT #88194363) 322 SOUTH CHERRY STREET MYERSTOWN, PA 17067-1321 NOTICE TO ANSWER YOU ARE HEREBY NOTIFIED THAT AS A GARNISHEE YOU ARE REQUIRED TO ANSWER THE ATTACHED INTERROGATORIES AND PROVIDE THE REQUESTED DOCUMENTS WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU IN ACCORDANCE WITH PA. R.C.P. 3144. FAILURE TO RESPOND AND PRODUCE THE REQUIRED DOCUMENTS WITHIN TWENTY (20) DAYS MAY RESULT IN JJ, JDGMENT AGAINST YOU IN THE AMOUNT OF FIVE THOUSAND EIGHT HUNDRED FORTY and 85/100 ($5,840.85) DOLLARS WITHOUT FURTHER NOTICE. 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to it/him/her on any negotiable or other written instrument, or did it/he/she claim that you owed the Defendant any money or were liable,to it/him/her for anv t~atances Provided reason? If so, state the exact amounts and circumstances: May not Reflect Unposted Transactions or Legal t.~ Document Processing Fees 2. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody or control of yourself and one or more persons/entities any property of any nature, including but not limited to funds on deposit in any savings, checking, money market, statement savings or other financial account, owned solely or in part by the Defendant? If so, describe all such property with specificity and provide the exact locations and account numbers thereof: 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? If so, describe with specificity and provide the exact location thereof: 4. At the time you were served or at any subsequent time did you hold as a fiduciary any property in which the Defendant held any interest? If so, describe with specificity all such property and provide the exact location thereof' 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration therefor? If so, describe all such property with specificity, provide the exact location of all such property, and describe with specificity ail such consideration, including without limitation the exact amounts: 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to its/his/her direction or otherwise discharge any claim of the Defendant against you? If so, describe all such property and provide exact amounts: 7. Describe in detail all accounts receivable, contract rights and other obligations, whether pecuniary or not, owing from you to the Defendant and describe all documents or papers which pertain, relate to, or evidence such accounts receivable, contract rights and other obligations including but not limited to the dates, individual signers and specific contents of all such documents and other papers. 8. At the time you were served with these papers or at any later time was there in your possession, custody or control or in the joint possession, custody or control of yourself and another person or entity any property of the Defendant included but not limited to currency, deposits, assignments, accounts payable, accounts receivable, tools, jewelry, vehicles, titles to vehicle, deeds, or any other items regarding personal or real property? 9. At any time before or after you were served did the Defendant transfer, mortgage or deliver any property to you or to any person or place pursuant to your direction or consent? If so, described all such transfers and property and provide the exact location of the property? 10. Identify (name, address, account number, telephone and account balance) any bank, savings & loan, credit union, mutual fund, brokerage firm, insurance company or other financial services/banking institution in which you have knowledge that the Defendant conducts or transacts any business: 11. Date: ach to our AnswerS to these Interrogatories the following c[¢$ .~ Att y ~e~2~ (a) Copy of all account statements from January 1, 2003 up ~ (b) Any loan applications including supporting materials provider secure financing from Garnishee; (c) (d) Last six (6) months market etc. Signature Cards and Account Application for Checking, Savings, Money Market Account; and . account (savings, checking, money by the Defendant. November 25, 2003 BY: S~ /19 Bn'dg_e St.r~e! ~ New Cumberland, PA 17070 / (717) 770-1277 ~/ Supreme Court I.D. 62063 Attorney for Plaintiff NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF ROBERT R. BOYER, JR., DE<FENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 1142 CIVIL TERM / PLAINTIFF'S PRAECIPE TO DISCONTINUE ACTION AGAINST GARNISHEE M & T BANK TO TH~Y AND GARNISHEE M & T BANK: Upon Plaintiff's counsel's motion, please discontinue the action against the Garnishee M & T Bank. BY: '~ 2St~en Howell, Esquire J 619 Bridge Street New Cumberland, PA 17070 (71'7) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Date: July 8, 2004 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.44 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL 73.39 Advance Costs: 150.00 Sheriff's Costs: 73.39 76.61 Refunded to Atty on 7/27/04 Sworn and Subscribed to before me this 9~' dayof ~,.7,.~t- 2004 A.D. C~,~_ O ~,ta,? ~ prom~ot~ -- R. Thomas Kline, Sheriff