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Home My WebLink About10-4978SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4.~~~tr of ~u~br~,~~~ ~' y`~~,,, .~ -~..> !4FF1GE qF -HE SITYRIFE' i=~_E o?Ol0 i=}~G tt (~Nt ~~ 3 to Y ~_ Capital One Bank (USA) vs. Case Number Trevor L. Murray 2010-4978 SHERIFF'S RETURN OF SERVICE 08/09/2010 06:30 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2010 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Trevor L. Ahurray, by making known unto Carol Murray, Grandmother of defendant at 2316 Chestnut Street, Camp, Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 10, 2010 2 _ ~ '_" RYAN BURGETT, DEPUTY SO ANSWERS, (~, ~~~~ RON R ANDERSON, SHERIFF (c7 CountySuite Sheriff. Teleosoft. Inc. NAN26382 Goldman &.Warshaw, P.C. Barry A. Rosen, Esquire PA 'Identification No: GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE, BANK (USA), N.A., COURT OF COMMON PLEAS successor in interest to CUMBERLAND COUNTY CAPITAL ONE BANK VS. DOCKET NO. 10-4978` TREVOR L MURRAY PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of against defendant(s) above named certified to be calculable as a as follows: an answer for plaintiff and only and assess damages sum certain from'the complaint, Principal Interest from @ 28.10 Costs (Complaint $1,729.43 7/23/2007 $1,580.35 & Service) $ Total: $3,309.78 Understanding the false statements made herein are subject to penalty under 18 Pa.C,S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CAPITAL ONE BANK (USA), N.A.,successor in interest to CAPITAL ONE BANK and that the last known address of defendant,: TREVOR L MURRAY, 113 W Cp ¢ ? 4 Coover St #2, Mechanicsburg PA 17055. 2. The annexed notice(s) of intention to,file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this pra!ecipe. 3. The said defendant (s) is (are) not in 'the military service of the United States or otherwise within, the coverage of the Soldiers and Sailors Civil Relief Act and is', (are) over 18 years of age. AND NOW, this _ day of , 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $3,309.78 as per the above certification. I Prot t a r y Goldman & Warshaw, P.C. BY: BARRY A. ROSE F, ESQUIRE Attorney for Plaintiff padj/scan Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad. Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK TREVOR L MURRAY Vs. TREVOR L MURRAY 2316 CHESTNUT ST CAMP HILL PA 17011-4615 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-4978 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: TREVOR L MURRAY DATE OF NOTICE/FECHA DEL AVISO: September 10, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE 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, 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. I CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw., . . BY: BARRY OSEN, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. PI OD:NAN26382 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK VS. TREVOR L MURRAY NAN26382 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4978 i NOTICE TO: TREVOR L MURRAY 113 W Coover St #2 Mechanicsburg PA 17055 Pursuant to Pa.R.Civ.P. 236 of the Supreme Court,of Pennsylvanj'_a, you are hereby notified that a'judgment has been entered against you in the above proceeding as indicated below. LXL Judgment by Default $3,309.78 _L Money Judgment $ L? Judgment on Award of Arbitrators$ Judgmenton Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL THE LAW FIRM OF GOLDMAN & WARSHAW, P.C. AT THIS TELEPHONE NUMBER: 267-373-9730 padj /scan Stanley D. Goldman, Esq.°" David B. Warshaw, Esq.°-" Julie*M.W.`Warshaw, Esq.'- -Jeffrey M. Parrella, Esq. Gerardino DiPopolo, Esq. Carl Zapffe, Esq. °" Angela Morisco, Esq. Barry A. Rosen, Esq. V licensed in MA ° licensed in NJ licensed in PA "licensed in NY retired GOLDMAN & WAR.SHAW, P.C. ATTORNEYS AT LAW 0 Reply to Pennsylvania Office: 312 W. Broad Street Quakertown, PA 18951. (267) 373-9730 Fax: (267) 373-9781 er ; '2010 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: CAPITAL ONE BANK (USA), N.A. vs. TREVOR L MURRAY Our File No.: NAN26382 Dear Sir/Madam: New York Office: Goldman, Warshaw & Parrella 10 Oakland Ave., Suite 2-4 PO Box 597 Warwick, NY 10990 (845) 544-1783 Fax: (866) 541-9926 NYC DCA. LIC 1251927 New Jersey Office: 34 Maple Ave., Suite 101 Pine Brook, NJ 07058 (973) 439-0077 Fax: (973) 439-7204 Enclosed for filing please find an original and two copies of a Praecipe to Enter Default With regard to the above matter. Kindly file same with the Court and return a time-stamped copy in the enclosed self-addressed stamped envelope provided herein for your convenience. I am also enclosing herewith this firm's check in the amount of $14.00 to cover your fees. Thank you for your attention to this matter. Very truly yours, Goldman & Warshaw, PC /s/ Barry A. Rosen, Esquire BARRY A. ROSEN, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR G&W/SM Enclosure WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, USA, N.A.. Plaintiff (s) From TREVOR L MURRAY, 113 W. Coover Street, #2, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell M-Y 2 lia ?P-b P:F12TL/ (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, 604 E. HIGH STREET, CARLISLE, PA 17013 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 $3,309.78 Interest from November 4, 2010 - - $62.98 Atty's Comm % Atty Paid $174.50 Plaintiff Paid Date: 3/14/11 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs 1 David rothonotary By: Deputy REQU>?ST;NG PARTY: Name BARRY A ROSEN, ESQUIRE GrLDMAN & WARSHAW, P.C. Address: 312 WEST BROAD STREET QUAKERTOWN, PA 18951 Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951 NAN26382 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 VS. TREVOR L MURRAY 113 W Coover St #2 Mechanicsburg PA 17055 and Wachovia Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY rncO ITl .X;* - . Mvi C DOCKET NO. 10-4978 cnr w ` a -s ? Col PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) (2) (3) 0 SQ4. so Pd a I Ll L so UP aacc 11 1, ?y oo t.k a. sty ?? cc against TREVOR L MURRAY defendant(s)and against Wachovia Bank garnishee(s) AMOUNT DUE $3,309.78 INTEREST from November 4, 2010 62.98 COSTS Prothonotary fee .00 Sheriff fee .00 TOTAL $3,372.76 '2X60 BARRY A. OSEN, ESQUIRE s. -so 1,L Attorney for Plaintiff UA-q I S-? I-Ss (keg L{,ko?51e577 ?r ik o? L? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OF FILED-OFFICE SHE PRDrNONOT ' AR Jody S Smith "11 MAR 23 AM j0: j Chief Deputy J q Richard W Stewart CUMBERLAND COUNTY Solicitor OFF . - : PENNSYLVANIA Capital One Bank (USA) vs. Trevor L. Murray SHERIFF'S RETURN OF SERVICE Case Number 2010-4978 03/21/2011 11:53 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1153 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Trevor L. Murray, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Dani Horn, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, March 22, 2011 RON R ANDERSON, SHERIFF 2Lf liam ne, Deputy i 'cl 'Oun`ysuite sJY':entf, I eiaos;ft. 111 . SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee FILED-OFFICE OF THE PROTHONO TA0, ' 1011 APR -6 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA CAPITAL ONE BANK (USA), N.A., SUCESSOR COURT OF COMMON PLEAS IN INTEREST TO CAPITAL ONE BANK COUNTY OF CUMBERLAND vs. TREVOR L. MURRAY NO. 10-4978 and WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee in the above-captioned matter. Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK (USA), N.A., SUCESSOR IN INTEREST TO CAPITAL ONE BANK VS. L;11 t,??i 20 "1,11 111' 6 CnURPf COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TREVOR L. MURRAY : NO. 10-4978 and WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: CAPITAL ONE BANK (USA), N.A., SUCESSOR IN INTEREST TO CAPITAL ONE BANK, Plaintiff 1. No. 2. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Trevor Murray, Stacey E. Vineyard with a zero balance. This account has been restricted pursuant to this writ. Garnishee is unable to determine from its records whether Trevor Murray, Stacey E. Vinyard is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 3.- 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Trevor Murray, Stacey E. Vinyard is titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. 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 entireties asset and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that 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 determination by the appropriate Court. JON IN Attorney r Garnishee Date: CCs f'L I'v i . _.- 'i zt}G€Q t >€3 It:rrs s 4-?'?t end .t ! 2 ??sL+ '-'F -f •!'? 31 L?i-+'LCg- t L+ +'tle i i?. t = r 2i1+•i :t w SS ?EJ i a lSLa ? :u=:??? _ _- _ cis 3-ti>' ?• ? ! ,, i .yam z e t Air- 04-20-'11 13;42 FROM-GOLDMAN & WARSHAW PC 267-373-9781 T-368 P0001/0001 F-125 CAPITAL ONE BANK (USA), N.A., SUCESSOR IN INTEREST TO CAPITAL ONE BANK VS. TREVOR L. MURRAY and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-4978 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A„''GARNISHEE : ATTORNEY I.D.## ORDER TO DISCONTINUE ATTACIMENT EXECUTION TO THE PROTHONOTAR'Y": Kindly mark the attachment against the Garnishee, Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee, discontinued, upon payment of your costs only. l L BARRY A. OSEN Attorney for Plaintiff CM zrn r- cn rri o -<> C C C _ pd.ok-ao ,may 010 1/Dilolr ?PA# Wq <77