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HomeMy WebLinkAbout04-4397IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. ROBIN S. HOCKENBERRY, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04- -5139? ~tuil,~~"L COMPLAINT IN CIVIL ACTION Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P,C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 LIT:333003-1 014836115408 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) No. Du - ~LCr~ ~'t vs. ROBIN S. HOCKENBERRY, ) Defendant. ) NOTICE TO DEFEND 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 iwenty (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 'rf 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 rights important to you. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (800)990-9108 USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONE~ LA OFICINA FIJADA AQU( ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACIbN ACERA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AO UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, vs. Plaintiff, ~lv~~ `~~ ROBINS. HOCKENBERRY, Defendant. No. O4 - y,~91 COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, UNIFUND CCR PARTNERS, by its counsel, Tucker Arensberg, P.C, and files this Complaint stating as follows: 1. The Plaintiff is Unifund CCR Partners, a Delaware partnership, with offices located at 10625 Techwoods Circle, Cincinnati, Ohio 45242. 2. The Defendant, Robin S. Hockenberry is an individual and a resident of 26 Spring Garden Est., Cariisle, PA 17013. 3. On or about November 4, 1997, the Defendant applied for and was approved to receive a Providian National Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4479481700423680. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of August 25, 2003, the Defendant owed $3,707.83 in principal, and $704.53 in interest. The total amount owed is $4,412.36. See the Affidavit of Indebtedness attached hereto as Exhibit "A" and incorporated by reference as if fully set forth at length herein. 6. Despite written and oral demands for payment, the Defendant has failed and refused to pay the amount due and owing. 7. Reasonable attorneys' fees in the amount of 20% of the principal balance are due and owing. 8. The following amounts are currently due and owing from the Defendant: Principal and Interest $4,412.36 Reasonable Attorney's Fees (20%) 882.47 TOTAL: $5,294.83 9. The Account has been assigned by Providian National Bank to the Plaintiff including all rights to collect the amount due from the Defendant. -2- WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendant, Robin S. Hockenberry, in the sum of $5,294.83 plus costs and interest. TUCKER ARENSBERG, P.C. By Jonath S. McAnn~, Esquire Pa. 1. 50041 !l Counsel for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff -3- VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Christina M. Bryan Unifund CCR Partners AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton) ss. Jessica Bergholz being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representations herein. The defendant is not in any branch of the military. There is due and payable from ROBIN S HOCKENBERRY, Account Number 4479481700423680, the amount of $ 4412.36 (principal balance in the amount of $ 3707.83 plus interest up through 08/25/2003 in the amount of $ 704.53). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was chazged off. This account was originated with Providian National Bank. Unifund CCR Partners purchased this account from Providian National Bank. Said account has been assigned, transferred and set over unto , TUCKER ARENSBERG with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. DATED this 09 December 2003. UNIFL2~ARTNERS By: Jessica Bergholz Media Supervisor Title 10625 Techwoods Circle Cincinnati. OH 45242 Address Subscribed and sworn to before me this 9 day of December ,2003 /~ Yeaz Notary Public Client # 215 ~ENN\pFjoah PS a~~ pee ~~My Coca y~ 5~2~~9 ~U ~v`ty commission expires V 1 F-12092003-0074 N Q~ V (J ~~ /V GJ ~J.J V _7; - ~`~- ._a "' o ~ "~ Tl +a .. -~ T. ,^ c~: -~ rn ~~ p o ~-~~~ -r ~' -i i ~ C? 1 ra rn _` ~ { S:HERIFF'S RETURN - REGULAR CASE NO: 2004-04397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS ROBIN S BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKENBERRX ROBIN S the DEFENDANT at 2122:00 HOURS, on the 9th day of September, 2004 at 26 SPRING GARDEN EST CARLISLE, PA 17013 by handing to ROBIN S HOCKENBERRY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this I( ~ day of ~ P~ to hora~ta~A~' ~. So Answers: .~'r~~ R. Thomas Kline 09/10/2004 TUCKER ARENSBERG By . /„ ,~ , Dep ty Sheriff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, vs. ROBINS. HOCKENBERRY, Defendant. No. 04-4397 Civil Tenn PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Filed on behaff of Unffund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 LIT:339857-1 014636115408 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) Plaintiff, ) No. 04-4397 Civil Term vs. ) ROBIN S. HOCKENBERRY, ) Defendant. ) PRAECIPE FOR ENTRY OF DEFAULT J DGMENT To Prothonotary: Please enter Judgment by Default in the above-captioned case for the Plaintiff and against Defendant, in the amount of $5,294.83 plus costs and interest, for failun; to answer or otherwise respond to the Complaint. I hereby certify that the attached written Notice of Intention to take a Default Judgment was mailed to the Defendant ten days prior to the filing of the Praecipe for Entry of Default Judgment. Date: October 20, 2004 By: ~ Jonathar nney, Esquire Pa. I.D. 0041 Unifund CCR Partners: i ucKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 412-566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANW UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, vs. No. 04-4397 Civil Term TEN DAY NOTICE ROBINS. HOCKENBERRY, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 56&1212 LIT:337ggg.7 0746361154pg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, CIVIL DIVISION ARBITRATION DIVISION vs. ROBINS. HOCKENBERRY, Defendant. TO: Robin S. Hockenberry 26 Spring Garden Est. Carlisle, PA 17013 DATE OF NOTICE: October 5, 2004 No. 04-4397 Civil Tenn 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 (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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 Jonathan S cAnneyEsquire Pa. I.D. 1 Counsel laintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Ten Day Notice was served on the following by first class mail, postage Pre-paid on October 5, 2004: Robin S. Hockenberry 26 Spring Garden Est. Carlisle, PA 17013 Jonathan cAnney, Esquire Pa. I.D. 41 TUCKER ENSBERG, P.C. 1500 On PG Place Pittsburgh, PA 15222 ~~~-0 r i 1 1 _ _ ._a ~ . __ ,' .. .:i (~ ' r• ~: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-4397 CIVIL TERM vs. ~U ~ti~.5 C~ INTERROGATORIES TO GARNISHEE ROBIN S. HOCKENBERRY Defendant vs. M & T BANK, Garnishee. LIT:350529-1 014636-115408 Filed on behalf of: Plaintiff, Unifund CCR Partners Counsel of Record for this Partv: Jonathan S. McAnney, Esq. Pa. I.D. #50041 TUCKER ARENSBERG, P. C. Firm No. 287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-4397 CIVIL TERM vs. ROBIN S. HOCKENBERRY, Defendant vs. M & T BANK, Garnishee. INTERROGATORIES TO GARNISHEE TO: M & T Bank West High Street Carlisle, PA 17013 YOU ARE REQUIRED TO FILE ANSWERS WITH THE COURT UNDER OATH TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. FOR THE PURPOSE OF THESE INTERROGATORIES THE SOCIAL SECURITY NUMBER OF THE DEFENDANT IS 165-62-7471. THE ADDRESS OF THE DEFENDANT IS 26 SPRING GARDEN EST. CARLISLE, PA. 17013. 1. At the time you were served or at any subsequent time, have the defendants, either individually orjointly with any other party, maintained a checking, savings, commercial, or other type of account at your institution, either as owner, agent, maker of or in any other capacity? ANSWER: t "~ 2. If the answer to Interrogatory No. 1 is "yes," state for each account: (a) Names in which such was maintained; (b) Names and addresses of all persons or entities having an interest therein; (c) Names and addresses of all persons or entities authorized to draw thereon; (d) Account number; (e) Location of office where account maintained; (f) Date opened; (g) Dollar amount therein on date of service; (h) Date and amount of each deposit or withdrawal therefrom after the date of service. ANSWER: ,n V ~\ 3. At the time you were served or at any subsequent time, did you have in your possession, custody or control (as fiduciary, trustee or otherwise) any property, tangible or intangible, in which the defendant had any interest whatsoever, including but not limited to, trust accounts, certificates of deposit, pledges, promissory notes, etc. ANSWER: d. If the answer to No. 3 is "yes," state: (a} Brief description thereof; (b) Location thereof; (c) Date that you received same; (d) Dollar amount or value thereof; (e} Terms upon which the property is being held; (f) Names and addresses of all persons, entities, or companies having an interest therein. ANSWER: n~- 5. At the time you were served or at any subsequent time, did you have a security interest in any property in which the defendant had an interest either individually or jointly with any other party or were you holding any document or title or other collateral of any land as security for any loan or time purchase transaction in which your institution was a party? ANSWER: 1 v 6. If the answer to No. 5 is "yes," state for each loan: (a) Names and addresses of parties thereto; (b) Original loan amount and present balance owed; (c) Amount of monthly payments and whether current; (d) With regard to the collateral for such loan, the names and addresses of the owner thereof, a brief description thereof, and the dollar amount or value thereof. ANSWER: ~~~~/'~ 7. If the answer to No. 6 includes any motor vehicles, are you listed as an encumbrance holder on the certificate of title and do you physically possess such certificate? ANSWER: ~~ 8. If the answer to No. 7 is "yes," for each such motor vehicle, state the year, make and type, title number and vehicle identification number. ANSWER: V 1, " 9. At the time you were served or at any subsequent time, did the defendant maintain any safe deposit box with your institution, either as owner, agent, trustee or in any other capacity, whether in her own name or under any other name? ANSWER: V 10. If the answer to No. 9 is "yes," state: (a) Name and address of each person or other entity to whom the safe deposit box is rented; (b) Name of office where box is located and the number of such box; (c) Name and address of each person or other entity having access to the box; (d) Date such box was originally rented; (e) Whether access was made to such box subsequent to the time you were served with these interrogatories. ANSWER: ~ j j?~~ TUCKER~AtRENS~~RG, P.C. J~than S. McAnney, Esquire TALIA S. WALSTON M&T BgNi( M& T BANK 1 0 One PPG Place p~ ,~ ~ LEGAL DOCUMENT PROCESSING Pittsburgh, PA 15222 \~~ P.O. BOX 844 (412) 566-1212 ~,~~FFnI n NY 14240 -Y. a ~~ ~~ ~~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, 11802 Conrey Road, Suite 200, Cincinnati, Ohio 45249, Plaintiff, vs. ROBIN S, HOCKENBERRY Defendant vs. M & T BANK, Garnishee CIVIL DIVISION ARBITRATION DIVISION No. 04-4397 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE AS TO THE GARNISHEE, M & T BANK ONLY Filed on behalf of Plaintiff, Unifund CCR Partners Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412} 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION 11802 Conrey Road, Suite 200, Cincinnati, Ohio 45249, ARBITRATION DIVISION Plaintiff, vs. No. 04-4397 CIVIL TERM ROBIN S. HOCKENBERRY Defendant. vs. M & T BANK Garnishee. PRAECIPE TO SETTLE AND DISCONTINUE AGAINST THE GARNISHEE M 8 T BANK ONLY TO: CUMBERLAND COUNTY PROTHONOTARY Kindly mark the docket as settled and discontinued as to the Garnishee M & T Bank ONLY. Tucker Arensberg, P.C. By: Jon han S. McAnney, Esquire Pa. .D. # 50041 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jonathan S. McAnney, hereby certify that a true and correct copy of the Praecipe to Settle and Discontinue as to the Garnishee Only has been served upon the following by depositing it in the U.S. Mail, postage prepaid, this ~_ day of February, 2005. Talia S. Walston M & T Trust Company P. O. Box 844 Buffalo, New York 14240 Robin S. Hockenberry 26 Spring Garden Est. Carlisle, PA 17013 lli--~ Jonath .McAnney, Esquire ~tf~trl o ,, ~, ; ,~ ~ , ~ ~ .~ ~- ~ ,, ~ ~> <~ ~ ~~ C, ~,, L ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: UNIFUND CCR PARTNERS Plaintiff vs. ROBIN S. HOCKENBERRY VS. Defendant vs. M & T BANK, Garnishee TO THE PROTHONOTARY OFTHE SAID COURT: ( )Confessed Judgment ( )Other File NO. 04-4397 CIVIL TERM Amount Due $5,294.83 / From 10/22/04 thru 01/22/05 Interest 79.41 Atty's Comm COStS The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, u on the following described property of the defendant(s) .i ~ ~ ~Cl. I'~vt v ~SLe 1 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of nNMRFRLANn County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) M & T BANK WEST HIGH STREET, CARLISLE, PA. ANY AND ALL BANK ACCOUNTS IN THE NAME OF THE and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date February 3. 2005 Signature: Print Name: Jonat an S. Mc An Es TUCK ARENSBERG, P.C. Address: ~Cn~~~~I,nn n1.. Attorney for: Telephone: PRAECIPE FOR WRIT OF EXECUTION Plaintiff 212 Supreme Court ID No.: 50041 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. /J /l 1 !~ ti c .~ --~ -., r ~ . ~' ~ -~ ~' I ~. c~ `~.~ -~ .~ fir,. ~, ~ C c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4397 Civit CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due. UNIFUND CCR PARTNERS Plaintiff(s) From ROBIN S. HOCKENBERRY, 26 SPRING GARDEN EST., CARLISLE PA 170]3, (I) 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 M & T SPRING GARDEN ST., CARLISLE PA 17013 GARNISHEE(S) as follows; ANY AND ALL BANK ACCOUNTS IN THE NAME OF DEFT. and to natify the garnishee(s) that: (a} an attachment has been issued; (b) the gamishe~e(s) is enjoined from paying any debt fo or for the account of the defendant (s) and ftom delivering any property of the defendant (s) or otherwise disposing thereof; (3} If property of Che 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 sCated, Amount Due $5,294.83 Interest 10/22/04 -1/22f05 = $79.41 Atty's Comm % Atty Paid $114.20 Plaintiff Paid Date: FEBRUARY 7, 2005 CURTIS R. LONG (Sea!) REQUESTING PARTY: L.L. $,50 Due Prothy $1.00 OTher Costs Frot otary Deputy Name JONATHAN S, MCANNEY, ESQ. Address: 1500 ONE PPG PLACE PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 566-1212 Supreme Court ]D No. 50041 Unifund CCR Partners VS Robin S. Hockenberry Writ of Execution Docket No. 2004-4397 Civil Term F1L~1~~~~~ i=ZCk (3E;1~(E F~~Y~nt,<~T~RY 2~~9 SEA' I 1 ~~ 8= ~+ ~ CU~t~'~:~, .;d. ~~~tJ~ FEN "v S`+'t.~J.~: ~ ~ ~ F~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 3.70 Prothonotary 1.00 Law Library .50 Poundage 1.64 / v 9/ly ~~ / $83.84 So Answers: ~°'.~~l ~T. r ii"" R. Thomas Kline, Sheriff BY ~~~~ Serge t CU. ~- ~ ~ ~. 5U Cam- '7i ~'~~ l a,~. ~ 3 0 ~! ors' WRIT OF EXECUTION and/or ATTACHMEI'~T COMP/IONWEALTH OF PENNSYLVANIA) COUTv!TY OF CIJMBERLAND) NO 04•-4397 Civil CIVIL ACTION - I.A1b' TO THE SHERIFF OF M~}~prnpyy COUNTY: To satisfy the debt, interest and costs due UNIFUND CC'R PARTNERS Plaintiff (s) From ROBIN S. HOCKENBERRY, 901 S. SPRING GARDEN STREET, CARLISLE„ PA 17015 (?) You are directed to levy upon the property of the defendant (s)and to sell (_) You are also directed to attach the property of the defendant(s) not levied upon in the possession ot` GARNISHEE(S) as follows: TU BANK, 929 HORSHAM ROAD, HORSHAM, PA 19044 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to oi° 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 o? 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 55,294.83 [nteres~t FROM 10/22/04 - 52,522.37 Atty's Curnm Rio Atty Paid 5229.54 Plaintiff Paid Dates October 19, 2012 (Seat) I..L. $ Due Prothy $2.25 Other Costs 5104.34 ~. - _..- David D. Buelh Prothonotary .-- Deputy IL'~QUI~STINC~ PARTY: Name : RAYMOND W. KESSLER, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: Plaintiff Telephone:570-387-1873 Supreme Court ID No. 309802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI' COMMONWEALTH OF PENNSYLVANIA INIF~~ND CCR PARTNERS, Plaintiff vs. ROB1N S. HOCKENBERRY, DOCKET NO. 04-41397 Defendant ~fll S. ~~ r~~~ C c~X1 ~~'. 19p~~~~(~as. TD BANK, ~a~ ~.-S~,t,W~ ~ Garnishee ~I ~N`f~ ~(c>~(V-l~') ~ ~~ ~ ~ P ECIPE FOR WRIT OF EXECUTIOlY (MONEY J[JDGMENT) CIVIL-LAW ' `® ~.~ 7~o the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County, Pem~sylvania (2) against Robin S. Hockenberry, defendant; and (3) Al;ainst Pennsylvania Pennsylvania State Employees CU, Garnishee; (4) and index this Writ in the judgment index and (a - against Robin S. Hockenberry, defendant(s), and (b) against TD Bank, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(sj as follo~~ s: '~ /A :....1 -:~ ~' (5) Amount Due: $ 5,294.83 Interest from 10/22%2004 $ 2,522.37 Other $ 104.34 Credits $ 0.00 Costs to be added: Clerks Fee: $ Sheriff: $ Total : $ - rv Dated thi s ~ ~ day of ~`C?v~ ~ , <v 01 ~' ~ ~~ r~ (/ Raymond W. Kessler, PA ID #30980.`. ~• ~ 7 i~ 4 Attorney for Plaintiff SS , S ~ 36 West Main Street . ~ «~' Bloomsburg, PA 1781 ~ ~ • ~ ~~ . r u Phone: (570) 387-1873 5 ~~ << ~, ~~ Fax: (570) 387-6474 ._-~ a~ ~z "a5 ~ ~~~ " S~ C~~I~~ ~. W IN TH:E COURT OF COMMON PLEAS OlF CUMBERLAND COUM~I' COMMONWEALTH OF PENNSYLVANIA UNIFt~ND CCR PARTNERS, Plaintiff vs. ROBIN S. HOCKENBERRY, Defendant vs. TD BANK, Garnishee CIVIL-LAW DOCKET NO. 04-4397 AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier`s and Sailor's Civil Relief Act of 1940 with amendments, nor has been iin such servicE~~ within thirty days hereof. Dated. this ~ ~ clay ofd CI~b~~`, 2012 ~-~L -~~~ Raymond W. Kessler, PA ID #309802 Attorney for Plaintiff 3b West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6174 IN THE COURT OF COMMON PLEAS Oh CUMBERLAND COUNT`' COMMONWEALTH OF PEI~INSYLVANIA UNIFt'ND CCR PARTNERS, Plaintiff vs. ROBIN S. HOCKENBERRY, Defendant vs. TD BANK. Garnishee CIVIL-LAW DOCKET NO. 04-4397 CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintitt: Unifund CCR Partners 1 G625 Techwoods Circle Cincinnati, OH 45242 Defendant: Robin S. Hockenberry 90~ 1 S. Spring Garden Street Carlisle, PA 17015 Garnishee TD BAnk 929 Horsham Road Horsham, PA 19044 Respectfully Submitted, ~'? ''/ ~~w~. ^'' Raymd~nd W. Kessler, PA ID #309.$02 Attorney for PlaintifF 36 West Main Street Bloomsburg, PA 17E~ 15 Phone: (570) 387-1873 Fax (570)387-6474 Resu is as of Oct-11-2012 09:57:37 Department of Defense Manpower Data Center SCRA 2.3 Status F~.cpOrC Pursuant to Scrvicemembers Civil Relied' Act Last Name: HOCKENBE=RRY First Name: ROBIN Middle Name: S Active Duty Status As Of: Oct-11-2012 On Active Duty On Active Duty Status Date Active Duty Start Date Active Dury End Date Status Service Component I _. k,A -.- ____ _-__ I NA No NA _ This response reflects the individuals' active duty status basod on the Actlve Dury Status Date LeR Alive Duty Within 367 Days of Active puty Status Date Active Duty Start Date Active Duty End Date Status Service Component -._ NA _ I NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HIslHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Oate Order Notification End Date Status Service Component -. - NA._ NA No NA -his response reflects whether the individual or hislher unit has received eady notification to report for active duty Upon searching the data banks of the; Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force. NOAA, Public Health, and Coast Guardi This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ..~ Mary M. Snavely-Di:~on, Director Department of Defense -Manpower Data Center 4800 Mark Center Grive. Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (S(:,RA; (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any informatics indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referencF:d above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, 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: http://www.defenselink.millfaq/pislPC09SLDR.html. If you have evidence the person was on active duty >or the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See :i0 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whethrsr the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his,rher unit received early notification to report for active duty on the Active Duty Status Date.. More information on "Active Duty Status" Active duty status as reported in this certifcate is def ned in accordance with 10 USC § 101(d) (1). Prior to 2:010 only some of the active duty periods less than 30 consecutivf: days in length were available. In the case of a member of the National Guard, this includes service under a c:.all to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. Ail Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. l'h~s includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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). Coverage Urlder 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Unformed Services periods. Title 32 periods of P,ctive Duty are not covered by SCRA, as def ned in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely or'. 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 the SCRA extend beyond the last dates of active duty. Those who could rery on this certificate are urged to seek qualifed legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: phis certificate was prov ded based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FAGTDBDVAT #. UNIFUND CCR PARTNERS, _: _ _.._ ; Plaintiff - ". " `'' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA VS. ROBIN S. HOCKENBERRY, Defendant CIVIL-LAW DOCKET NO. 04-4397 _ r~ . 1 ~~ ~. - .~ ~ ._... _t _ ~~ . vs. TD BANK, Garnishee PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly Discontinue the Attachment of the Defendant's bank account with TD Bank. SUBMITTED BY: Raymo W. Kessler, PAID #309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 17815 Tel. (570)387-1873 Fax (570)387-6474 an,,+ '~~ 50~~~ c~~i~a~ ~# a93(9~l0 Bank America's Most Convenient Bank® TD Bank, N.A. 1701 Route 70 East Cherry Hill, NJ 08034-5400 T:888-751-9000 www.tdbank.com November 15, 2012 Raymond W Kessler Esq 36 West Main St Bloomsburg, PA 17815 Re: Unifund CCR Partners v. Robin S Hockenberry No. 04-4397 TD Bank reference number: 448461 Dear Sir/Madam, ~~~~~D ~F In reference to the above captioned matter we, at TD Bank, N.A. have no accounts for the above named defendant (s). Please file, and send us atime-stamped copy of, a Praecipe to Dissolve the Attachment. For your convenience, a Praecipe has been enclosed for your use. If you have any further questions, please contact me at (856) 380-2675. Sincerely, TD Bank, N.A. Levy Department P.O. Box 1880 Cherry Hill, NJ 08034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff vs• CIVIL-LAW _ ROBIN S.HOCKENBERRY, DOCKET NO.04-4397 rite =9 '"i en an Qd. r r ' 1X001 CO WELLS FARGO BANK, Uoq �.��1'gh � ' ct GarnisheeC°"�51'tt 'A PRAECIPE FOR WRIT OF EXECUTION •-< (MONEY JUDGMENT) To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County,Pennsylvania (2) against Robin S.Hockenberry,defendant;and (3) Against Wells Fargo Bank,Garnishee; (4) and index this Writ in the judgment index and (a) against Robin S.Hockenberry,defendant(s),and (b) against Wells Fargo Bank,as garnishee, as a lis pendens against real property of the defendant in name of garnishees)as follows: N/A (5) Amount Due: $ 5,294.83 Interest from 10/2212004 $ 2,661.63 Credits $ 0.00 Other $ 547.09 Costs to be added: i Clerks Fee: $ 29.00 Sheriff: $ 150.00 Total: $ 8,682.55 Dated this t�da of J%'!� 2013 wag a y Raymond W. Kessler,PA ID#309802 �. Attorney for Plaintiff SS sp r" 36 West Main Street k << N Bloomsburg,PA 17815 Phone: (570)387-1873 Fax: (570) 387-6474 s .o� �aas /N41 eo tt Ck- bp/ ag a��•6� LL a �� �� �ss � -4T WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-4397 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due UNIFUND CCR PARTNERS Plaintiff(s) From ROBIN S.HOCKENBERRY,334 OLD STONEHOUSE ROAD S APT,C,BOILING SPRINGS,PA 17007 (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: WELLS FARGO 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$5,294.83 L.L. $ Interest FROM 10/22/2004-$2,661.63 Atty's Comm % Due Prothy$2.25 Atty Paid $268.04 Other Costs $547.09 Plaintiff Paid Date: MARCH 18,2013 David D. Buell,Prothonotary (Sea!) B !III&SE Deputy REQUESTING PARTY: Name :-RAYMOND W.KESSLER,ESQUIRE Address:REMIT CORPORATION 36 WEST MAIN STREET BLOOMSBURG,PA 17815 Attorney for:PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No.309802 SIRLIN LESSER& BENSON,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 UNIFUND CCR PARTNERS COURT OF COMMON PLEAS COUNTY OF CUMBERLAND.] vs. 0 ROBIN S. HOCKENBERRY NO. 04-4397 _ 1 and WELLS FARGO BANK, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo Bank, Garnishee in the above- captioned matter. JON S IN Attqrney for shee Date: �-'� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F!L =D-2]F°F1r1 Sheriff r-,"" �tiirt��, T G f i E (J F [ ) t 'A li T Jody S Smith Chief Deputy `' ° 2013 JUN I I AHi f i: 5,2 � � Richard W Stewart rte~ °€ ' � " UMBERLA14D l0U , Solicitor Unifund CCR Partners Case Number vs. 2004-4397 Robin S Hockenberry SHERIFF'S RETURN OF SERVICE 03/25/2013 02:01 PM -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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Paul Felton, 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 him. The writ of execution and notice to defendant was mailed on March 27, 2013 to Robin S. Hockenberry at 334 Old Stonehouse Road S, Apt. C, Boiling Springs, PA 17007. SO ANSWERS, June 10, 2013 RbNKrY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • UNIFUND CCR PARTNERS, Plaintiff • vs. : CIVIL-LAW ROBIN S. HOCKENBERRY, : DOCKET NO. 04-4397 ' Defendant : ,` -r • WELLS FARGO BANK, • —17' 2at' CD Garnishee : Y _ ? C , .:- <w.) PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly discontinue the Writ of Execution against Wells Fargo Bank. SUBMITTED BY: Raymo W. Kessler, PA ID#309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 17815 Tel. (570)387-1873 Fax(570)387-6474 IA.5o P.D Am1 1 ataB c;tq 165 'in SIRLIN LESSER& BENSON,P.C. By Jon C. Sirlin,Esquire OF ' Ht tPROTHONOTARY Identification No 17498 123 South Broad Street,Suite 2100 2011APR PM, §9 Philadelphia,PA 19109 (215)864-9700 CU ,Q C© T Y Attorney for Garnishee � IVANI UNIFUND CCR PARTNERS : COURT OFCOMMON PLEAS : COUNTY`OF-CUMBERLAND vs. ROBIN S.HOCKENBERRY : NO. 04-4397 and WELLS FARGO BANK,GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: UNIFUND CCR PARTNERS,Plaintiff 1. No. 2. No,Defendant has no accounts with Wells Fargo Bank N.A. 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. JO . +' IN • orney fo Garnishee Dated: L L1/4-\3 . .- - „ Wells Fargo Bank,N.A. Liens,Levies& Garnishments "v 101 N. Independence Mall East 12-A5:4'3 0 MAC Code#Y1372-113 Philadelphia,PA 19106 VERIFICATION Phyllis Brummett,being duly sworn according to law,deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank,NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false statements herein are made subject to penalties of i8 Pa. C.S. Section 4904, relating to sworn falsification to authorities. // Ph is Brummett Legal Order Processing Associate Date: 4443 SHERIFF'S OFFICE OF CUMBERLAND Y j R Anderson M t ax�rrkn ot t:rrtratrrt;r J! i Ay S Smith ;hief Deputy `}�" "013 SEP 26 PH 2: 4 9 Richard W Stewart r Solicitor F sir= "'IMBERLAND t OUN �; PENNSYLVANIA Unifund CCR Partners Case Number vs. Robin S Hockenberry 2004-4397 SHERIFF'S RETURN OF SERVICE 03/25/2013 02:01 PM-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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Paul Felton, 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 him. The writ of execution and notice to defendant was mailed on March 27, 2013 to Robin S. Hockenberry at 334 Old Stonehouse Road S,Apt. C, Boiling Springs, PA 17007. 09/25/2013 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: $87.89 SO ANSWERS, September 25, 2013 RONW R ANDERSON, SHERIFF ;c,}—cwtySuite- hero,Te ensoF. i..,,. t,