HomeMy WebLinkAbout05-0657
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Plaintiff
No OS: (, ,';1 CwJ k....
vs.
THERESA M BARKE
3614 KOHLER PL APT 2
CAMP HILL, P A 170 II
PRAECIPE FOR ENTRY OF JUDGMENT
Defendant(s)
To the Prothonotary of Cumberland County:
I) Enter Judgment on the attached Certified copy of Judgment from a District Justice.
A) Date ofInstrument: 12/09/2004
B) Amount ofJudgment: 7,512.34
C) Interest From: 12/09/2004
2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in
favor of the assignee or other transferee;
3) I hereby certify that the address of the plaintiff is:
Commonwealth Financial Systems, Incorporated
120 North Keyser Avenue
Scranton, P A 18504
4) I hereby certify that the address of the defendant is:
THERESA M BARKE
3614 KOHLER PL APT 2
CAMP HILL, PA 17011
Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, P A 18504
570-342-1600 Ex!. 202
Attorney ID 39688
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
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09-3-04
G.) ~1clrl'L' Her
THOMAS A. PLACEY
M'"'," 104 S. SPORTING HILL RD.
MEC~ICSBURG, PA
~I,p'" 1717) 761- 8230 17050
COMMONWEALTH FINANCIAL SYSTEMS. INC
120 N. KEYSER AVE.
SCRANTON, PA 18504
THIS IS TO NOTIFY YOU THAT:
Judgment:
[l{] Judgment was entered for:
fW, (15. {,S7 CwJ T~
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NArvlE ana ADDRESS
'cOMMONWEALTH FINANCIAL SYSTEMS, INd
120 N. KEYSER AVE.
SCRANTON, PA 18504
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VS.
DEFENDANT:
'BARKE, THERESA M
P.O. BOX 108
SUMMERDALE, PA 17093
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t,AIvIE "no ADDRESS
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Docket No,: CV- 0000541- 04
Date Filed: 8/26/04
DEFAULT ,TIJDGMENT PI,TF
(Name) C'OMMOl\TWRIIf.'I'H FTlITlIlITC'TlIr, flVflTF.Mfl
c---c
lKJ Judgment was entered against: (Name) RIIRKE, THEREfl1\. M
in the amount of $
7, <; 12 14 on:
12/0q/04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice,
il Amount of Judgment Subject to
L--J Attachmenti42 Pa,C,S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 7,393.84
Judgment Costs $ 118.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $...1....512.34
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING .~ NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~Date
I certify that this is a true a correct co
.J1~~ Date
My commission expires first Monday of January. 2010
AOPC J 1 S>(j3
DATE PRINTED:
12/09/04
, District Justice
oceedings containing the Judgment.
, District Justice
SEAL
3:52:34 PM
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, P A 18504
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Division
Plaintiff
vs.
No. 05. (,51 C-VJ I;......
THERESA M BARKE
3614 KOHLER PL APT 2
CAMP HILL, PA 17011
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended.
Defendant(s)
State of Pennsylvania
County of Cumberland} SS:
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): THERESA M BARKE; 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): THERESA M BARKE; is(are) older than eighteen years of age;
That the employment status of the defendant(s): THERESA M BARKE; is(are) unknown.
n aka Cl J/'t (Jb ).
~cia A. Cobb, Esqwre LA(
Subscribed before me this ~ day 0
20 I'J S-
blic
NOT;' RIAL SEAL
John OlluR-yk, Jr., Notary Public
Sc;Hnton. Lackawanna Coumy
My commission expires September 29, 2007
"
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
PA Supreme Court Rule of Civil Procedure 3101 to 3149
Commonwealth Financial Systems, Inc.
Plaintiff
In the Court of Common Pleas of Cumberland
County, Peunsylvania, Civil Division
Vs.
TIIERESA M BARKE
PO BOX 108
SUMMERDALE, PA 17093-0057
No oS - OD05/
Defendant(s)
vs
Commerce Bank
742 Wertzville Road
Enola, P A
PRAECIPIE FOR WRIT OF EXECUTION AND
ATIACHMENT (MONEY JUDGMENT)
Garnishee
To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) Against TIIERESAM BARKE. PO BOX 108. SUMMERDALE. PA 17093-0057
Defendant(s)
(3) And against
Commerce Bank
742 Wertzville Road
Enol., P A
Garnishee(s);
(4) and index this writ
(a) against
Defendant(s)
(b) against
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): 178-44-8640;
(5) Judgment Amount $ 7.5/l.3Lf_
Interest G Z5. 3 &;
Clerks Fee
Sheriff
Poundage
Total
Dated!;') 2-(/U
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Patricia A. Cobb, Esq. i(
Attorney for Plaintiff ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
C1VlL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: : 0 Co~ed Judgment
C\l'ftl.OU-n.......e--LI'h.~~ S'fIVr\.--O,~. : g.o&r ,
~~.n~~,,-,-,~ : FiJeNo.6S-6tXa57
"'-' : AmountDue ~,5Jl.3V
~~"'-- m tfi../~ '7,.,0 2
IP {) VfJ ! 0 >I ~ : Interest IAJ, 7(p
Swrn.fYU/dfl.{.tj}1/-11tJ q5.oj..enJ~ ,(',,) : Atly'sComm
.~ ' 14~ WU/ZulIU 'LJ ~. _; ~
f\ __. .!J..vWI!F' /0t 14 ;'J;4 DIh1~
vrVJ.-~ 'U/4t6l'HE PROTHONOf'ARv OF THE SAID COURT:
The undersiglled hereby certifies that the below does not arise out of . rowl insta1lment sale,
contract, or account based on a comcasion 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 .s
amended.
Issue writ of execution in the above matter to the Sheriff of ~Jt1~
~or debt, interest an~f"sts. upon the following descnbed property of the defendant (s)
J1J IJe!Jo.. l}l1T)(/J
/I}) LtJ1.1.J'((M//JhYJ1.ftJi j ~!
(j PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attaclnnent to the Sheriff o~~ 1/ Ii ,jIJ ol County, for debt, interest
and costs. as above, directing attachment .gainst the above.named garnlshee(s) for the following property
real estate, supply . copies f the description; supply four copies oflengthy personalty list)
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and sll other property of the defendant(s) in the po.....io custody or control of the said gamishee(s).
o (Indicste) Index this writ against the garnishee (s) as~p ens against estate of th@.e
I _ defendant(s) described in the attached exlubit. ! ) / A 12 /' /
lJ" /'L - 0l..0 Signature: UfU(J v,
=:~: ! ~fn:;~r::a(
Attorney for: ~;~:;;;:j;;/t?,d~P4
Telephone: 0~)1/ ).J / IF."
Supreme Court ID No: 3~
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Date
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In the Court of Connnon Pleas of Cumberland County, Pennsylvania
Civil Division
Connnonwealth Financial Systems, Inc.
120 N. Keyser Avenue
Scranton, P A 18504
Plaintiff
File No: 05-00657
Vs.
Theresa M Barke
PO Box 108
Summerdale, P A 17093
Defendant
Vs.
Connnerce Bank:
742 Wertzville Road
Enola, P A
Garnishee
Praecipe for Entry of Appearance
Kindly enter my appearance on behalf of Connnonwealth Financial Systems, Inc, in the above-
captioned matter.
Date: W 7~ -0( p
Signature:
(JjJ, VA
Ie
/CId-J(
Print Narne: #1 cJir
Address: 120 N. Keyser Avenue
Scranton. P A 18504
Telephone No: (570) 347-1115 ext. 202
Supreme Court ID No: 39688
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-657 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Commonwealth Financial Systems, Inc. Plaintiff (s)
From Theresa M. Barke POBox 108 Summerdale, PA 17093-0057
(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 Commerce Bank 742 Wertzville Road Enola, PA
GARNISHEE(S) as follows:
any and all accounts of the defendant(s) in the possession of Garnishee, including but not limited to
savings account bal~nces; checking account balances; Certificates of Deposit; Money Market
Accounts; contents of safety Deposit Boxes. Defendant's SSN(s) 178-44-8640;
and to notify the gamishee(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 ofthe defendant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 himlher that helshe has been added as a
garnishee and is enj oined as above stated.
Amount Due$7,512.34
Interest $225.36
L.L.$.50
Arty's Comm %
Arty Paid $2.50
Plaintiff Paid $34.75
Date: June 21, 2006
Due Prothy $1.00
Other Costs
C~~IS
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Ave.
Attorney for~'Ndiffn' PA 18504
Telephone: (570) 347-1115 ext 202
Supreme Court ill No. 39688
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Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
Cumberland County Pennsylvania
Civil Division
No: 05-00657
Plaintiff
Vs
Theresa M Barke
PO Box 108
Summerdale, P A 17093
AM'wet3 -1-0
Interrogatories in Attachment
Defendant( s)
Vs
Commerce Bank
742 Wertzville Road
Enola, P A
Garnishee
RE: Execution of Judgment against your depositor Theresa M Barke SSN#178-44-8640.
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:
1) At the time you were served or at any subsequent 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)
and the primary account holder and if known whether joint account is entireties
property. Defendant had accounts 537210387, 537210395, and
626610513 at time served.
2) At the time you were served or at any subsequent time, what was the balance and
account number of the bank account(s) identified in Interrogatory #l?
Checking account 537210387 had a balance of $14.40 at time served
and is indiVidually held. Checking account 537210395 had a balanc
of $1.96 at time served and is jointly held with Richard K Yohn.
3) Savjngs account 626h10513 had a balance of .~I2n Q~ ~~_time served
At the t1me you were served-or at any suosequent tIDle, please lISt me- i1veta!;\" llilllY
balance in the past five (5) months for each such account identified in your answer to
Interrogatories number one (1) and two (2) above.
Checking account 537210387 had a quarterly avg balance of $13.15
Checking account 537210395 had a quarterly avg balance of $1.96.
Savings account626610513 had a quarterly ~vg balance of $739.70.
~
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4) At the time you were served or at any subsequent time, did the bank account(s) that
the Defendant possessed contain funds derived solely from social security funds
and/or disability funds?
Not to the knowledge of Commerce Bank
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?
Defendant made deposits into the above referenced accounts
in the ordinary course prior to service none of which were at
the direction of Commerce Bank '
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?
No
7) At the time you were served or at 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)?
No
8) Identify every other account (not previously noted) titled in the name ofDefendant(s)
in which you believe Defendant(s) have an interest in whole of part, whether or not
styled as a payroll account, individual retirement account, tax account, lottery
account, partnership account, joint or tenants by entirety account, insurance account,
trust or escrow account, attorney's account, or otherwise.
No
9) 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).
Commerce Bank
3801 Paxton Street
Harrisb rg, PA 17111
7 12-6134 _ I [
Date~0
cial systems, Inc.
, [JJQ
Patricia A. Cobb, Esquire L
120 N Keyser Ave
Scranton, PA 18504
570-347-11'15 Ext. 202
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Commonwealth Financial Systems, Inc.
Scranton, PA 18504
120 North Keyser Avenue
Plaintiff
: In the Court of Common Pleas of
: Cumberland County, Pennsylvania Civil
: Division
Vs.
No: 05-00657
Theresa M Barke
PO Box 108
Summerdale, P A 17093
: Praecipe to Enter Jndgment
: Against Garnishee.
Defendant
Vs.
Commerce Bank
742 Wertzville Road
Enola, P A
Garnishment
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Enter Iudgment Against Garnishee in the amount of
$720.95.
Th
~~
Lawyer ID # 39688
Conunonwealth of Pennsylvania
Lackawanna County )
Sworn and subscribed before me on thiS@y of (_ \ ~ \ {
20.()J)
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Commonwealth Financial Systems, Inc
120 North Keyser Avenue
Scranton, PA 18504
In the Court of Common Pleas of
Cumberland, Pennsylvania
Civil Division
Plaintiff( s)
File / Index No.
vs.
THERESA M BARKE
PO BOX 108
SUMMERDALE, PA 17093-0057
NOTICE OF FILING JUDGMENT
Defendant(s)
Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the
Amount of$'J 2D . q S on -.:r;.Jy ;J.l.f. .;;u:;()(.,
By:
If you have any questions regarding this notice, please contact the filing party:
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, PA 18504
Telephone: 570-347-1115
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)
Commonwealth Financial Systems, Inc.
Scranton, PA 18504
120 North Keyser Avenue
Plaintiff
: In the Court of Common Pleas of
: Cumberland County, Pennsylvania Civil
: Division
Vs.
No: 05-00657
Theresa M Barke
PO Box 108
Summerdale, PA 17093
: Praecipe to Dissolve the Attachment
: Against Garnishee.
Defendant
Vs.
Commerce Bank
742 Wertzville Road
Enola, P A
Garnishment
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment Against Garnishee.
Sworn and subscribed befor me on thid)g;. of 1,--,,0 \ ~
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-00657 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
BARKE THERESA M
,Sheriff or Deputy Sheriff of
And now KENNETH GOSSERT
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:00 Hours, on the 30th day of June
, 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
BARKE THERESA M
in the
hands, possession, or control of the within named Garnishee
COMMERCE BANK 65 ASHLAND AVE
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
AMY THOMAS (SENIOR CSR)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
~ .00/
1/~ft~ 07/05/2006
Subscribe to
So answers:
~~ ,~~~
R. Thomas Klin
Sheriff of Cumberland County
Sworn and
day of
By
before me this
A.D
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriffs Costs:
Docketing $
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Post Pone Sale
Garnishee
Postage
TOTAL $
1:J!ii(O)
18.00
1.66
.50
1.00
4.40
30.00
20.00
Advance Costs:
Sheriffs Costs:
150.00
84.56
65.44
Refunded to Atty on 07/19/06
9.00
84.56 / ~ 1.)1 -of.,
So Answers;
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R. Thomas Kline, Sheriff
By
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-657 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Commonwealth Financial Systems, Inc. Plaintiff (s)
From Theresa M. Barke POBox 108 Summerdale, PA 17093-0057
(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 Commerce Bank 742 Wertzville Road Enola, PA
GARNISHEE(S) as follows:
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) 178-44-8640;
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) Ifproperty 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$7,512.34
Interest $225.36
Arty's Corom %
Arty Paid $2.50
Plaintiff Paid $34.75
Date: June 21,2006
L.L.$.50
Due Prothy $1.00
Other Costs
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Ave.
Attorney for?%.cfft\~' FA 18504
Telephone: (570 )347-1115 ext 202
Supreme Court ill No. 39688