HomeMy WebLinkAbout12-6690,r., ~ r-1 r-., .^ r-,
COfJIMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ-09-3-04
iMDJ Name: Honorable Paula P. Correal
Address: 5275 East Trindle Road
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Porfolia Recovery Associates, LLC
140 Corporate Boulevard
Norfolk, VA 23502
Porfolio Recovery Associates, LLC
V.
Gus L. Greer
Docket No: MJ-09304-CV-0000178-2012
Case Filed: 5/21/2012
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09304-CV-0000178-2012 Porfolio Recovery Associates, Gus L. Greer Default Judgment for Plaintiff 08/06/2012
LLC
Judgment Summary
Participant Jointl Several Liability Individu al Liability Amount
Gus L. Greer $0.00 $1,222.09 $1,222.09
Porfolio Recovery Associates, LLC $0.00 $0.00 $0.00
Judgment Detail ~"Post Judgment)
In the matter of Porfolio Recovery Associates, LLC vs. Gus L. Greer on 8106/2012 the judgment was awarded as follows:
Judgment Component Joint/ Several Liability Individu al Liability Deposit Applied Amount
Civil Judgment $0.00 $1,091.72 $1,091.72
Filing Fees $0.00 $87.50 $87.50
Costs $0.00 $6.00 $6.00
Costs $0.00 $5.00 $5.00
Server Fees $0.00 $31.87 $31 87
« .~
n~ Grand Total: $1,222.09
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYICLfRK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUD(3MENT/TRANSCRIF3T FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
°w' ~JNLESS THE JUDGMENT IS ENTERED IN tHE COURT OF COMMO ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
~` REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DIST I~~ I~~ T DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH SHE JUDGMENT. ''~~.. ~~1
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cefi t t t ~s.+s-~ rue an correct coov o t e recor o e orocee mas containino t e ru ome _ ~ :.,
Dace ~-~ ,_ agisterial District Judg
MDJS 315 Page 1 of 2 Printed: 08/06/2012 1:56:51 PM
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,~r , ~' Porfolio Recovery Associates, LLC •~~~- ~~ cket No.: MJ-09304-CV-0000178-2012
v. ~;~
M~t Gus L. Greer
Participant List
Plaintiff(s)
Porfolio Recovery Associates, LLC
140 Corporate Boulevard
Norfolk, VA 23502
Defendant(s)
~, ~
Gus L. Greer
4402 Chestnut Street- .
Camp Hill, PA 17011
Complainant's Attorney(s)
David J. Apothaker, Esq.
Apothaker & Associates, P.C.
520 Fellowship Road, Suite C306
Mount Laurel, NJ 08054
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COMaU10NWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~,.-
~' i ~ J
• ~ , ° ' Notice of Judgment/Transcript Civil
~' Case
Mag. Dist_ No: MDJ-09-3-04
'MDJ Name: Honorable Paula P. Correal
i, Address: 5275 East Trindle Road
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Porfolio Recovery Associates, LLC
v.
Gus L. Greer
David J. Apothaker, Esq. ~'~"""-'-------- Docket No: MJ-09304-CV-0000178-2012
Apothaker & Associates, P.C. ~~ ~~ Case Filed: 5/21/2012
520 Fellowship Road, Suite C306
Mount Laurel, NJ 08054 Qu~ Q ~ 2~rz
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09304-CV-0000178-2012 Porfolio Recovery Associates, Gus L. Greer Default Judgment for Plaintiff 08/06/2012
LLC
Judgment Summary
Participant JoinU Several Liability Individu al Liability A un
Gus L. Greer $0.00 $1,222.09 $1,222.09
Porfolio Recovery Associates, LLC $0.00 $0.00 $0.00
Judgment Detail I•Post Judgment)
In the matter of Porfolio Recovery Associates, LLC vs. Gus L. Greer on 8/06/2012 the judgment was awarded as follows:
Judament Component JointJ Several Liability Individu al Liability Deposit Applied Amount
Civil Judgment $0.00 $1,091.72 $1,091.72
Filing Fees $Oi~O $87.50 $87.50
Costs $0.00 $6.00 $6.00
Costs $0.00 $5.00 $5.00
Server Fees $0.00 $31.87 $31.87
Grand Total: $1,222.09
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYlCLERK OF CURT OF COMMON PLEAS, CIVIL DIVISION. YOU .MUST INCLUDE A COPY OF THIS NOTICE OF
JUI7GMENT7TRl1AA5CRTPT FORBfi1~1NITR YOUR N6TIC€ OF AI~PEAL. ..
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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Date Senior Magisterial District Judge Paula P. Correal ~ ~„~„7+i~
ce i t at t is is a true an correct copy o e recor o t e procee ings con arcing a lu gme .,
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Date ~ isterial District Jud
MDJS 315 Page 1 of t Printed: 08/0612012 1:56:51 PM
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• Porfolio Recovery Associates,'LLC •~~ •~ ~~ "`
' ~ ~~"~ Docket No.: MJ-09304-CV-0000178-2012
v. s '
! Gus L. Greer
Plaintiff(s)
Participant List
Portolio Recovery Associates, LLC
140 Corporate Boulevard
Norfolk, VA 23502
Defendant(s)
Gus L. Greer
4402 Chestnut Street
Camp Hill, PA 17011
Complainant's Attorney(s)
David J. Apothaker, Esq.
Apothaker & Associates, P.C.
520 Fellowship Road, Suite C306
Mount Laurel, NJ 08054
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MDJS 315 Pa e 2 of 2
9 Printed: 08/06/2012 1:56:51 PM
Our File No.: 340022
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: GUS L GREER
4402 CHESTNUT ST
CAMP HILL, PA 17011
PORTFOLIO RECOVERY )
ASSOCIATES, LLC )
Plaintiff )
vs. )
GUS L GREER )
Defendant )
COURT OF COMMON PLEAS
CUMBERLAIND CGOUNT -~}~~,
NO.. ~ o~ `Q~ Id ~~~1 \`CJ
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
- JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF
ARBITRATORS
- JUDGMENT ON VERDICT
_ JUDGMENT ON COURT FINDINGS
JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esquire at this telephone number: 8 -672-0215
Our File No.: 340022
PORTFOLIO RECOVERY ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
GUS L GREER NO.: 12-6690 CIVIL TERM `
Defendant(s) 4,
,,yy a Choy
�-}7a PRAECIPE FOR WRIT OF EXE�'IOi s�S
AhLekth4toltlary:A —'
Issue a Writ of Execution in the above matter,
Z6 N C rr
(1) directed to the Sheriff of DELAWARE County;
(2) against GUS L GREER, defendant(s); and
(3) against BANK OF AMERICA 101 W. BALIMORE AVE MEDIA, PA 19063, Garnishee(s);
(4) and index this writ in the judgment index
(a) against GUS L GREER, defendant(s), and
(b) against BANK OF AMERICA 101 W. BALIMORE AVE MEDIA,PA 19063, as Garnishee(s), as
a lis pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows:
Bank Attachment Only - All assets and accounts, including but not limited to bank accounts brokerage
firm accounts, stocks, cd's, insurance, safety deposit boxes etc.
(5) Amount Due $1222.09
Interest from August 06, 2012 $59.26
Minus Payments made $0.00
Plus Costs $123.05
Total $1404.40
0 —
David J. Apotha squire
l.� n n�
(�D� Attorney for Plain iff(s)
ct
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-6690 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF WwW P/ COUNTY:
To satisfy the debt,interest and costs due PORTFOLIO RECOVERY ASSOCIATES,LLC
Plaintiff(s)
From GUS L. GREER,4402 CHESTNUT STREET,CAMP HILL,PA 17011
(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:
BANK OF AMERICA, 101 W. BALITMORE AVENUE,MEDIA,PA 19063-BANK
ATTACHMENT ONLY-ALL ASSETS AND ACCOUNTS,INCLUDING,BUT NOT LIMITED
TO,BANK ACCOUNTS,BROKERAGE FIRM ACCOUNTS,STOCKS,CD'S,INSURANCE,
SAFETY DEPOSIT BOXES,ETC.
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$1,222.09 Plaintiff Paid$
Interest FROM AUGUST 6,2012-$59.26
Attorney's Comm. % Law Library$.50
Attorney Paid$60.25 Due Prothonotary$2.25
Other Costs$123.05
Date:JUNE 7,2013
David D.Buell,Prothonotary
(Sc l)
Deputy
REQUESTING PARTY:
Name.:DAVID J. APOTHAKER,ESQUIRE
Address: APOTHAKER&ASSOCIATES,P.C.
520 FELLOWSHIP ROAD C306
MT. LAUREL,NJ 08054
Attorney for: PLAINTIFF
Telephone: 1800-672-0215
Supreme Court ID No.
PORTFOLIO RECOVERY ASSOCIATES, LLC* IN THE
Plaintiff * COURT OF COMMON PLEAS
VS. * OF CUMBERLAND COUNTY=
GUS L. GREER * PENNSYLVANIA r i .
Defendant
ca co
VS. * CASE NO. 12-6690 p '
BANK OF AMERICA,N.A.
Garnishee
* * * * * * * * * * * * * * * * * *
GARNISHEE'S ANSWERS TO INTERROGATORIES
The Garnishee, Bank of America,N.A. (hereinafter"Garnishee"), by its attorneys, Miles&
Stockbridge P.C., upon information and belief, submits these Answers to Plaintiff s Interrogatories
("Answers") as follows:
a. The information supplied in these Answers is not based solely on the knowledge of
the executing party, but includes knowledge of the party's agents, representatives,
and attorneys, unless privileged.
b. The word usage and sentence structure may be that of the attorney assisting in the
preparation of these Answers and,therefore, do not necessarily purport to be the
precise language of the executing party.
OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS
Garnishee objects to Plaintiff's instructions and definitions to the extent that such
instructions and/or definitions seek to impose an obligation or duty upon Garnishee in excess of or
greater than that contemplated by the Pennsylvania Rules of Civil Procedure.
ANSWERS
1. At the time you were served or at any subsequent time did you owe the defendant(s) any money
or were you liable to defendant(s)on any negotiable or other written instrument, or did
defendant(s)claim that you owed defendant(s) any money or were liable to defendant(s) for any
reason?
No.
Garnishmene4849-6168-1429v 11-17/25/2013
2. At the time you were served or at any subsequent time was there in your possession, custody,
control or in the joint possession, custody or control of yourself and one or more persons any
property of any nature owned solely or in part by the defendant(s)?
Garnishee holds assets consisting of a checking account no. XXXXXXXX7993 and a checking
account no. XXXXXXXX8604,both in the name of Gus Lee Greer Jr.
3. At the time you were served or any subsequent time did you hold legal title to any property of
any nature owed solely or in part by the defendant(s)or in which the defendant held or claimed
any interest?
No.
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant(s)had any interest?
No.
5. At any time before or after you were served did the defendant(s)transfer or deliver any property
to you or to any person or place pursuant to your direction or consent and what was the
consideration thereof?
No.
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 defendant's direction or otherwise
discharge any claim of the defendant(s)against you?
No.
7. If you are a bank or other financial institution, at the time you were served or any subsequent
time did the defendant(s)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 and the entity electronically depositing those
funds on a recurring basis.
No.
8. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant(s)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 exemption
under 42PA.C.S.§8123?If so, identify each account.
Funds on deposit did not exceed the general monetary exemption.
Garnishment:4849-6168-1429v 11-17/25/2013
6 .
9. How much is the value of any property in your possession belonging to the defendant(s)?
Checking account no. XXXXXXXX7993 is overdrawn and the balance is -$610.94 and
checking account no. XXXXXXXX8604 is overdrawn and the balance is-$283.48.
By:
Mich . H aiko, PA Bar#310716
Jo L. P 1 Jr., PA Bar#204803
i es& Stockbridge P.C.
100 Light Street, 4th Floor
Baltimore,MD 21202-1036
(410) 385-3477
(410) 385-3700 (fax)
Attorneys for Garnishee
Garnishment4849-6168-1429v1-17/25/2013
VERIFICATION
I,Andrea Smith,on this d14 day of ( , 2013 hereby state that I am an authorized
representative of Bank of America,N.A.;that the statements made in the foregoing Answers to
Interrogatories are true and correct to the best of my knowledge,information and belief and that
these statements are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unworn
falsification to authorities).
Andrea Smith
Sr. Operations Representative
Bank of America,N.A.
Legal Order Processing
5701 Horatio Street
Utica,NY 13502
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the _' " day of 661�2013, a copy of the
Garnishee's Answers to Interrogatories was mailed first-class,postage prepaid to:
David J. Apothaker, Esquire
Apothaker& Associates, P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, NJ 08054
Attorney for Plaintiff
Gus Lee Greer Jr.
6203 Springhill Drive
Apt. 202
Greenbelt,MD 20770-5322
Defendant
Micha a al ,FPA Bar#310716
Joel . Pe r., PA Bar#204803
Attorneys for Garnishee
Gamishment:4849-6168-1429v 11.)7/25/2013
PORTFOLIO RECOVERY ASSOCIATES,LLC* IN THE
Plaintiff COURT OF COMMON PLEAS
VS. OF CUMBERLAND COUNTYr)
C/,) —7--
GUS L. GREER MW PENNSYLVANIA =m m Fi-
m
:r::o -0
c:,
Defendant --Ic:)
CD -,r,-rl
-0
VS. CASE NO. 12-66900 F�ry C)P1
BANK OF AMERICA,N.A.
Garnishee
GARNISHEE'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES
The Garnishee,Bank of America,N.A. (hereinafter"Garnishee"), by its attorneys,Miles&
Stockbridge P.C., upon information and belief, submits these Answers to Plaintiff's Supplemental
Interrogatories("Answers")as follows:
a. The information supplied in these Answers is not based solely on the knowledge of
the executing party,but includes knowledge of the party's agents,representatives,
and attorneys, unless privileged.
b. The word usage and sentence structure may be that of the attorney assisting in the
preparation of these Answers and,therefore, do not necessarily purport to be the
precise language of the executing party.
OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS
Garnishee objects to Plaintiff s instructions and definitions to the extent that such
instructions and/or definitions seek to impose an obligation or duty upon Garnishee in excess of or
greater than that contemplated by the Pennsylvania Rules of Civil Procedure.
ANSMRS
1. At the time you were served or at any subsequent time did you owe the defendant(s) any money
or were you liable to defendant(s)on any negotiable or other written instrument,or did
defendant(s) claim that you owed defendant(s)any money or were liable to defendant(s)for any
reason?
No.
Gamishrnent:4845-3437-954 I v11-19!1312013
2. At the time you were served or at any subsequent time was there in your possession,custody,
control or in the joint possession,custody or control of yourself and one or more persons any
property of any nature owned solely or in part by the defendant(s)?
Garnishee holds assets consisting of a checking account no. XNXXXXXX7993 in the name of
Gus Lee Greer Jr
Garnishee held a checking account no. XXXXXXXX8604 in the name of Gus Lee Greer Jr.;
however,this account was administratively closed on August 28,2013,due to longstanding
inactivity combined with an overdrawn balance.
3. At the time you were served or any subsequent time did you hold legal title to any property of
any nature owed solely or in part by the defendant(s)or in which the defendant held or claimed
any interest?
No.
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant(s)had any interest?
No.
5. At any time before or after you were served did the defendant(s)transfer or deliver any property
to you or to any person or place pursuant to your direction or consent and what was the
consideration thereof?
No.
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 defendant's direction or otherwise
discharge any claim of the defendant(s)against you?
No.
7. If you are a bank or other financial institution, at the time you were served or any subsequent
time did the defendant(s)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 and the entity electronically depositing those
funds on a recurring basis.
No.
8. If you are a bank or other financial institution,at the time you were served or at any subsequent
time did the defendant(s)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 exemption
under 42PA.C.S.§8123?If so,identify each account.
Funds on deposit did not exceed the general monetary exemption.
Gamishment:4845-3437-954 1v 11-19/1312013
9. How much is the value of any property in your possession belonging to the defendant(s)?
Checking account no.X)O XXXXX7993 remains overdrawn and the balance is-$685.94.
By:
Mickel J. H iko, PA Bar#310716
Jo 1 L, e ll Jr.,PA Bar#204803
Miles& Stockbridge P.C.
100 Light Street,4th Floor
Baltimore,MD 21202-1036
(410) 385-3477
(410) 385-3700(fax)
Attorneys for Garnishee
Gamishment:4$45-3437.9541vi FI9113t2013
VERIFICATION
1,Andrea Smith,on this day of i�2013 hereby state that I am an authorized
representative of Bank of America,N.A.;that the statements made in the foregoing Answers to
Interrogatories are true and correct to the best of my knowledge, information and belief and that
these statements are made subject to the penalties of 18 Pa.C.S. §4904(relating to unworn
falsification to authorities).
Andrea Smith
Sr. Operations Representative
Bank of America,N.A.
Legal Order Processing
5701 Horatio Street
Utica,NY 13502
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 'day of September 2013, a copy of the Garnishee's
Answers to Supplemental Interrogatories was mailed first-class,postage prepaid to:
David J. Apothaker, Esquire
Apothaker& Associates, P.C.
520 Fellowship Road 0306
PO Box 5496
Mount Laurel,NJ 08054
Attorney for Plaintiff
Gus Lee Greer Jr.
6203 Springhill Drive
Apt. 202
Greenbelt,MD 20770-5322
Defendant
M4, . Hajalko, PA Bar#310716
Joe Ml Jr.,PA Bar#204803
Attorneys for Garnishee
Gamishment:U45-343 7-954 1 v 11-19/13/2013
Our File No.: 340022ht.!
APOTHAKER&ASSOCIATES,P.C. E J sP $ � ;
By: David J. Apothaker,Esquire
520 Fellowship Road C306 �'�/MEI-1 -A ND C ?(J�
PO Box 5496 PENNSYLVANIA
Mount Laurel,NJ 08054
(800)672-0215
Attorneys for Plaintiff
)
PORTFOLIO RECOVERY ) COURT OF COMMON PLEAS OF
ASSOCIATES, LLC ) CUMBERLAND COUNTY
)
Plaintiff )
vs. ) NO.: 12-6690 CIVIL TERM
)
GUS L GREER ) Civil Action
)
Defendant )
)
BANK OF AMERICA )
)
Garnishee )
PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the attachment against the Garnishee, B•, K •F AMERICA, dissolved.
David J. •p0 u aaker, Esquire
Attorney for • aintiff
440.sa
C� a
Clc,k� (o0/
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