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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 ~kl{i L>3[ rj~ 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 L ~ VS. DEFENDANT: 'BARKE, THERESA M P.O. BOX 108 SUMMERDALE, PA 17093 L t,AIvIE "no ADDRESS I ~ .' ,.,,-,.".-~; "" e, .... ' 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 ~~(J~ C/Jf1 Patricia A. Cobb, Esq. i( Attorney for Plaintiff , \.; ~ ~ ~ ~~ ~ '\'-E;>'o, ,\", ........ . ~~~ l,.J ~ G, ~ , \ ~C\, " ("- '-. ~ h~ " - ~ --J ~ ~ ~ ~ \> '-.j ~ ^^, -"0\ .'.,~ p." - ~ 0) .' ,,,,, 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) 1. ~ 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~ ; Date fI,.'fl!lb'A a. ~ u . ;; "1- ~ 1 t,'" ~ t ~ ~,i l ~J ~ tt~~r . ~\ ~\ i' ~ t t 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 "-.' c:;:; () t~ -:., (-. r:-:',: f\) C,) ) ?6 .-<; fo..j -~.l . 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 " "" 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. ~ .... 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 ~ . -- c:) ....,..'} r;,~~" v -~ 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 $720.95. Th ~~ Lawyer ID # 39688 Conunonwealth of Pennsylvania Lackawanna County ) Sworn and subscribed before me on thiS@y of (_ \ ~ \ { 20.()J) 01p.R\!<oI. s~ 1'1 \fER tOE\\ jEI'lN l'/NO\\C NJ>.Co~1'i NolO . ....v,p.wl>N 2009 d>.\10N.V'" 1'JI0I2. C\1'i Of so''''' iOfl E1-p\le$ Co\1'l{T'l\SS I'JI~ ,~ ~ -. w <:l\\ ~ ~ w ~ ~ <\~ \ r- j ~ ~ 'l . ~ (') ~:~~ ,. c~ :::: ~~ '" ['" 5i ..- G'-J ".'." 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 \ ~ 20 J1J _w cj - ~. .' ';i " ~~ ~ ~ ~ ~ . ~ ~ ~ "- w '\::> \1 \J ~ ~ 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; r~~ R. Thomas Kline, Sheriff By I E :8 V 8l Nnr qaOl Vd 'All~IILiJ u.,.. I~Ud~n;j .:J.:lIH3HS 3Hl ~iO 381J.:1O C>c ~ "- V\ ~ 0lo(A-z/" ~blrla.n~ " 2J .gJ U cJ L-; I.~ CK J.fl(t~ L If 0 g~r 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