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HomeMy WebLinkAbout10-6363SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F~L£Q-OF~F{C~ sheriff ~g,~~,tr at ~u~~~r~g~ C3~= TAE PRQ1'Nt1~+OTAR~' Jody S Smith Chief Deputy ~ ~ ~', , ,~ ~~ ~ d QC ~ ~ ~ ~~ ~~; ~~n ,x;; Richard W Stewart ~~µ' ~~ ~ ~~Ak~ ~~~t~~~~~ Solicitor c~~~~e c~;= ~~~ s~eRIFF ~dSY~.~A~~1A Discover Bank Case Number vs. Randy L. Rakers 2010-6363 SHERIFF'S RETURN OF SERVICE 10/11/2010 08:20 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2010 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randy L. Rakers, by making known unto Randall Rakers, Father of defendant at 415 treason Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. S A TSHALL, EPUTY SHERIFF COST: $33.40 October 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CouniySuite Sheriff. Teleosoft, Inc. I , FILED-' "r ,. a THE PRQ ! s l it , ?1 DEC I C "RL A; Z7 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10-6363 CIVIL TERM VS. RANDY L RAKERS PRAECIPE FOR DEFAULT JUDGMENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08621334 C A Pit DFO Judgment Amount $16059.43 ?s14,'??D C? elmasaa 7 FN THE COURT o F CGA*VION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-6363 CIVIL TERM RANDY L RAKERS PRAECIPE FOR DEFAULT JUDGMENT . I + . TO THE PROTHONTARY: Kindly enter Judgment against the Defendant RANDY L RAKERS above named, in the default of an Answer, in the amount of $16059.43 computed as follows: Amount claimed in Complaint $15510.84 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $15510.84 from August 04, 2010 to November 24, 2010 @ the interest rate of 8.990% per annum $423.59 Attorney's fees $125.00 TOTAL $16059.43 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: el- V James C. W ro t,4 08621334 d AI Pit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, A 15219 And that the last known address of the De endant is RANDY L RAKERS 415 GREASON RD CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 10-6363 CIVIL TERM V5. RANDY L RAKERS Defendant IMPORTANT NOTICE TO: RANDY L RAKERS 415 GREASON RD CARLISLE, PA 17015 Date of 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717)249-3166 WELTMAN, WEINWtj & REIS CO., L.P.A. By: ?-- Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8621334 A PIT M4Z Ind THis,,COC7l:'i OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-6363 CIVIL TERM RANDY L RAKERS NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the_ Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , RANDY L RAKERS is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: RANDY L RAKERS 415 GREASON RD CARLISLE, PA 17015 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Dec-01-2010 13:07:04 40 Military Status Report Pursuant to the Service Members Civil Relief Act ,,K Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name g y Based on the information you have furnished, the DMDC does not possess RAKERS RANDY L any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Awt Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL hqp://www.defenselink.mil/fag/Vis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 12/1/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:HJTTUTMJCR https://www.dmdc.osd.mil/appj/scra/popreport.do 12/1/2010 I ' tI' G*Ot-J1R ' 01?' COMMON PT,l?,AS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-6363 CIVIL TERM RANDY L RAKERS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on 1.a-ID -t'D (xx) Assumpsit Judgment in the amount of $16059.43 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prc By: RANDY L RAKERS 415 GREASON RD CARLISLE, PA 17015 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RANDY L RAKER n- ?iS?? 1715 yi5 Defendant MEMBERS I ST FEDERAL CREDIT UNION and PNC BANK, Garnishee TO THE PROTHONOTARY: Civil Action No. 10-6363 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against RANDY L RAKER, Defendant ? ? a'. r 3. against MEMBERS 1sT FEDERAL CREDIT UNION and PNC BANK, Ga is ee t7o?3 , Imp Waltxwt %0"K V4I NAi Ste, M t?a 3 I0s `h b14' - T. G&rlak 4. Judgment Amount $ 16059.43 Interest $ 89.76 Costs SUBTOTAL: Costs (to be added by Prothonotary): a y. Sb ? g3.yb q ?. o0 1 Lt. o 0 a.sd ?d a&? CQF s kU6.? ?C1 CL t & a.oo r . So Lt- kk)fik J- 2K TSsuej $ 16149.19 WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Ur )an, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 6S> 3f ,k5b 3s tit a5q Al ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RANDY L RAKER Defendant MEMBERS 1 ST FEDERAL CREDIT UNION and PNC BANK, Garnishee, No. 10-6363 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) G 12- C-) FILED ON BEHALF OF Plaintiff -? COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8621334 C> r C? r-r "C3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-6363 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From RANDY L. RAKER, 415 Greason Road, Carlisle, PA 17015 (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 of GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 1166 Walnut Bottom Road, Carlisle, PA 17013 PNC BANK, 105 Noble Blvd., 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 $16,059.43 Interest $89.76 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Date: 1/24/11 L.L.$.50 Due Prothy $2.00 Other Costs Buell, Prothonotary L (Seal) By: Deputy REQUESTING* .PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 7.7 RECENED JAN $ 8 2411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-6363 CIVIL TERM vs. INTERROGATORIES IN ATTACHMENT MEMBERS IST FEDERAL CREDIT UNION PNC BANK RANDY L RAKER Defendant and MEMBERS I ST FEDERAL CREDIT UNION and PNC BANK Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: 7.) -'' `. c3 c!; Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8621334 r, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RANDY L RAKER Defendant and MEMBERS I ST FEDERAL CREDIT UNION and PNC BANK Garnishee Civil Action No.: 10-6363 CIVIL TERM TO: MEMBERS IIT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-4693 1166 Walnut Bottom Road Carlisle PA 17013 PNC BANK 105 NOBLE BOULEVARD CARLISLE, PA 17013 RE: RANDY L RAKER 415 GREASON RD CARLISLE, PA 17015 IMPORTANT NOTICES TO GARNISHEE! A. 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. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? f ? 0 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the fonn of a ftmd, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. n b-- 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. n 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 part by the defendant or in which defendant held or claimed any interest? n ( 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 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 directions or consent and if so what was the consideration thereof? ' 1 0 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 his direction or otherwise discharge any claim of the defendant against you? ' ^ 0 7. 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? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity u electronically depositing those funds on a recurring basis. nu 8. 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? If so, identify each account. no 5? 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. I K_ 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. Ill ?C 1 1. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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? 1I V?_ 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 1 ` C?_ WELTMAN, WE.INBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO_, L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8621334 VERIFICATION The undersigned does hereby verify subject to the penalties of l 8 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 111,41 JA -? SIGNATUR SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff ?Qtit??tr of 4urrtd£?fr?? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE COUNTY FILED-CF F ICE OF THE PROTHONOTAR'1 2011 SEP -2 PM 2: TO' ' CU pB NNSYLVA A COUNT ?Y Discover Bank vs. Randy L. Rakers SHERIFF'S RETURN OF SERVICE Case Number 2010-6363 01/28/2011 09:27 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 0925 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Randy L. Rakers, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Brian peters, Branch Manager 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 him. The writ of execution and notice to defendant was mailed on February 2, 2011 to Randy L. Raker, 415 Greason Road, Carlisle, PA 17015. 01/28/2011 09:09 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 0909 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Randy L. Raker, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Beth Ann Eppley, Assistant Branch Manager 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. 09/01/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $142.53 September 01, 2011 SO ANSWERS, l RON R ANDERSON, SHERIFF s-3.94 a& y as 3 fc CouniySute Shen'f 7e!e osoft ln;: