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HomeMy WebLinkAbout11-56864 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a) Unifund Corporation ,- 10625 Techwoods Circle In the Court of Common Pleas of ' Cincinnati, OH 45242 CUMBERLAND County, PennsylvanMV:7' Plaintiff Civil Division rnrM ( -. ?` 1 2° :x7 ci j -0 -r i r J7? Z '?1:1 vs. , ??* r-- Ga) C3 --s C:) SHANE P ARMOLT NO: 11-5686CIVIL Dn =r. o -r; o 1061 N FRONT ST =o - - r r NEWPORT PA 17074 ' : y Defendant rv '' PRAECIPE FOR WRIT OF EXECUTION AND vs. ATTACHMENT MEMBERS 1 ST FCU 1711 SPRING RD CARLISLE PA 17013 (MONEY JUDGMENT) Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County. Pennsylvania; (2) Against: SHANE P ARMOLT (3) And against: MEMBERS 1ST FCU 1711 SPRING RD CARLISLE PA 17013 (4) and index this writ (a) against Defendant(s) (b) against MEMBERS 1ST FCU 1711 SPRING RD CARLISLE PA 17013 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 account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 183-56-4235; (5) Judgment Amount $1,540.42 Interest $1.27 Clerks Fee $ Sheriff $ Poundage $ Total $ v v ord, Esquire Date: July 20, 201 1 EN7 sen & Associates, P. . (kr? So t`?` t ? iff law.com Y 1\ i r a a. o0 s ku a. so _ x-15. S ?O P? aN 4%,-SoL L- Ct.*S- V-1 11 Unifund Corporation 10625 Techwoods Circle Cincinnati, OH 45242 Plaintiff SHANE P ARMOLT 1061 N FRONT ST NEWPORT PA 17074 vs. C=D rnCV ? ' 1 x7 ) G C Z's In the Court of Common Pleas of D W G ' CUMBERLAND County, Pennsylvania- 7"- - CJ Civil Division ? - = -- :z o . e . D " ' ; --- 4r NO: I I-5686CIVIL Defendant MEMBERS I ST FCU 1711 SPRING RD CARLISLE PA 17013 vs. AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Garnishee State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): SHANE P ARMOLT; 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): SHANE P ARMOLT; is(are) older than eighteen years of age; That the employment status of the defendant(s): SHANE P ARMOLT;Aare Michael FARafchford, Esquire Subscribed before this day of J?"Lff-4 20. No ary Public Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-02-2011 05:38:23 Last N First/Middle Begin Date Active Duty Status Active Duty End Date Service ame Agency ARMOLT SHANE P Based on the information you have furnished, the DMDC does not possess 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, NOAH, Public Health, and Coast Guard). 44V 1/1. 4?_ Y_ 4"1 - , 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 htt?:'/ww??.detenselinl:.rnil/faq/pis/PC"09SI.1)R.html. 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.dnidc.osd.mil/appj/scra/popreport.do 8/2/2011 Request for'V_Tilitary Status Page 2 of 2 jVore 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:288D5288RD https://www.dmdc.osd.mil/appj/scra/popreport.do 8/2/2011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5686 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CORPORATION Plaintiff (s) From SHANE P ARMOLT, 1061 Nort Front Street, Newport, PA 17074 (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 FCU, 1711 SPRING ROAD, 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 $1,540.42 Interest $1.27 Atty's Comm % Atty Paid $75.56 Plaintiff Paid Date: 8/3/2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 N. KEYSER AVENUE SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: 570-558-5510 Supreme Court ID No. 86285 Unifund Corporation 10625 Techwoods Circle Cincinnati, OH 45242 vs. SHANE P ARMOLT 1061 N FRONT ST NEWPORT PA 17074 VS. MEMBERS 1 ST FCU 1711 SPRING RD CARLISLE PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division Defendant Garnishee NO: 11-5686C VVIL Praecipe for Entry of Appearance rt rrn =::0 r .rte CD 37 C) -r O Kindly enter my appearance on behalf of Unifund Corporation in the above-captioned matter. Date: July 20, 2011 Sig re: P ' t Name: ichael Ratchford Esquire Address'. 120 North Ke ser Avenue Telephone No: 5( 70) Supreme Court ID No: R ? f R ' r Unifund Corporation 10625 Techwoods Circle Cincinnati, OH 45242 Plaintiff VS. SHANE P ARMOLT 1061 N FRONT ST NEWPORT PA 17074 Defendant vs. MEMBERS 1 ST FCU 1711 SPRING RD CARLISLE PA 17013 RECENED AUG 08 2011 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division ..'J r ti c::s C: NO: 11-5686CIVIL ? -C C:) CD INTERROGATORIES IN ATTACHMELWCD 7 . f _ > Garnishee RE: Execution of Judgment against your depositor SHANE P ARMOLT SSN # 183-56-4235 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 subseqent 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) an dthe primary account holder and if known whether joint account is entireties property. its . 'VP od I 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank accounts(s) identified in Interrogatory #I? Sic a--oackdd( 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. 500 mtmbirsby ?eC hAlanu 51nei oaoot? was "old. 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? oO 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? ()Q 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? ()0 7) At the time you were served or 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)? les 1 ?e hl,cd 8) At the time you were served or at any subsequent time did the Defendant(s)accoount contain funds deposited electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. If so, state the reason for the exemption, the amount being withheld and the entity electronically depositing those funds on a recurring basis. hC) 9) At the time you were served or at any subsequent time did the defendant have funds on deposit in an accoun 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. Section 8123? If so, identify each account. 10 1 V, Of 40 L'O 10) Identify every other account (not previously noted) titled in the name of the Defendant(s) in which you believe the Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax acocunt, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. NJA 11) 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). -fica ifi* EdA A. 4rahams& Miihael F. Ratchford, Esq 120 North Keyser Avenue Scranton, PA 18504 (570) 558-5510 / A MEMBERS 1St FEDERAL CREDIT UNION August 8, 2011 Shane P. Armolt 1061 N Front Street Newport, PA 17074-7246 Review Dates (60 Days): June 9, 2011 - August 8, 2011 Total Writ of Execution: $1,619.75 Cumberland County Docket Number: NO 11-5686 Civil Account Number: XXX061 Name on Account: Shane P. Armolt Savings - 0000: $ 5.00 $ -5.00 (Membership Fee) $ 0.00 $300.00 Statutory Exemption was not taken out. 61A Kelly L. 11 Deposit erations Analyst Rev: 06/11 5000 Louise Drive . P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (Name) Deposit Operations Analyst of Members 1 st 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. Kelly L Hall Y (S GNATU SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C411t1b,"t?/t 0 c - HLED-ur ,. 'J 'HE I 'k4; 2111 AUG 12 AM :X13 CUMBERLAND COLMTY Unifund Corporation Case Number vs. Shane P Armolt 2011-5686 SHERIFF'S RETURN OF SERVICE 08/05/2011 11:26 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st FCU at 1166 WALNUT BOTTOM RD, SOUTH Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to ASHLEY HOKE, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 8, 2011 to Shane P. Armolt at 1061 N. Front Street, Newport, PA 17074. SO ANSWERS, 11,21 August 08, 2011 ;RON R NDERSON, SHERIFF v liam Cline, Deputy -; Grp. u'?ty5uite Sheriff. Telecseft, Inc C r_ ?:a Unifund Corporation 4M r-yl In the Court of Common Pleas of 7r - Plaintiff County, Pennsylvanw> CO Civil Division - - n O = CD - 11 pcy; _ r T, SHANE P ARMOLT 1061 N FRONT S'T' NO: 11-5686CIVIL NEWPORT PA 17074 vs. vs. 171 1 SPRING RD MEMBERS 1 ST FCU CARLISLE PA 17013 Plaintiff Defendant Garnishee Praecipe to Dissolve the Attachment against Garnishee To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, Michael! F. Ratchford, Esqui N Edwin A. Abraharnsen & sociates, F.C. Lawyer ID # 86285 Sworn and subscribed ?efore me on this day of 20 1 otary Public Ck-?s:w 310 SHERIFF'S OFFICE OF CUMBERLAND COUNTY .y R Anderson 'riff Jody S Smith Chief Deputy Richard W Stewart Solicitor = LED T H, 0: IJ V91 MAR 27 PPI 2: 4- CUMBERLAN PENNSYLV,6t NI fa Unifund Corporation Case Number vs. Shane P Armolt 2011-5686 SHERIFF'S RETURN OF SERVICE 08/05/2011 11:26 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCU at 1166 WALNUT BOTTOM RD, SOUTH Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to ASHLEY HOKE, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 8, 2011 to Shane P. Armolt at 1061 N. Front Street, Newport, PA 17074. 03/27/2012 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: $88.13 SO ANSWERS, March 27, 2012 RON R ANDERSON, SHERIFF s- v L. L P/- ?? -7 3674 ,....