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HomeMy WebLinkAbout14-5104 2139552F ILI E1)-0 EICE' The Law Offices of Frederic I . Weinberg '' 1#-!E PR `H0til0 T'' Y & Associates, P.C. 2014' SEP _2 PM 12: u 1 BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 CU'IMBERLAND COUNTY JOEL M. FLINK, ESQUIRE PENNSYLVANIA Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CAPITAL ONE BANK (USA) , N.A. COURT OF COMMON PLEAS 4851 Cox Road CUMBERLAND COUNTY _. Glen Allen, VA 23060 VS . DOCKET NO. _ JANET LEACH 4341 CARLISLE PIKE6-�-yLC CAMP HILL PA 17011 = PRAECIPE FOR ENTRY OF APPEARANCE, TRANSFER OF JUDGMENT, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESSES) VALIDITY AND NON MILITARY SERVICE TO THE PROTHONOTARY: Enter my appearance for the Plaintiff in the above matter; enter judgments in favor of Plaintiffs) against Defendants) on the duly authenticated copy of the magisterial district justice judgment hereto attached, entered in the jurisdiction noted therein, and assess damages as follows : $6, 116. 74 Judgment $682 . 33 Post Judgment Interest $ . 00 Post Judgment Costs ( $155 . 00 Post Judgment Payments $6, 644 . 07 Total Pursuant to the penalties of 18 Pa-C. S . Section 4904 relating to unsworn falsification to authorities, I verify that : (1) the precise last known address (es) of the Plaintiff (s) and Defendant (s) are as above. ; (2) that said judgments were entered by the Magisterial Court in the said jurisdiction in said amount with costs and interest due as noted, no part of which has been paid (except as noted) and which is valid, enforceable and unsatisfied; find a copy of which is attached hereto; (3) and that the Defendant (s) is (are) over 18 years of age and 7r 7 77� not in the military service of the United States or its allies or otherwise within coverage of the Soldiers and Sailors Relief Act of 1940, as amended, and had (have civilian occupation (s) . Date: Z FREDERIC I . WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE DAMAGES ASSESSED AND JUDGMENT (S) ENTERED AS ABOVE NOTICE (S) IVEN UNDER P' . R. V. <. 6 IO Pro. Pr A 2139552 The Law Offices of Frederic I . Weinberg & Associates, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CAPITAL ONE BANK (USA) , N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. �'` �� !� � v s . `j JANET LEACH 4341 CARLISLE PIKE CAMP HILL PA 17011 NOTICE Pursuant to Pa. R.Civ. P. 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. " Judgment by Default $6,644.07 /x / Money Judgment $$6,644.07 �L Judgment on Award of Arbitrators$ LL Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I . WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELE HONE NUMBER: 484/351-0500 PROTHON. ' - Department of Defense Manpower Data Center Results as of:Aug-20.201406:53:45 AM SCRA 3.0 r:f� Stags Report .�� Pursuant to Servicernemben Civil Relief Act Last Name: LEACH First Name: JANET Middle Name: Active Duty Status As Of: Aug-29-2014 On Active Duty On AUive DutyStatusDate Active Duty Start Dale Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Dale Lett Active Duty Within 367 Days of AUive Dut Status Date Active Duty Start Date Active Duty End Dale Status T Service Component NA NA No I NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notfied of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Com nent NA NA N0 NA This response reflects whether the individual or hislher unit has received early 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 Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 41121 )4. , W of 44_� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#2139552 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 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for 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 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her 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 certificate is defined in accordance with 10 USC§101(d)(1), Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this Includes service under a call 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. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This 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 Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined 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 on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a 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: OCP6OB2DT001 H40 ,COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-1-02 Capital One Bank (USA) NA MDJ Name: Honorable Elizabeth S. Beckley v Address: 1901 State Street Janet Leach Camp Hill, PA 17011 Telephone: 717-761-0583 Frederic Ivan Weinberg, Esq. Docket No: MJ-09102-CV-0000190-2012 1001 E Hector Street Suite 220 Case Filed: 8/31/2012 Conshohocken, PA 19428 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-CV-0000190-2012 Capital One Bank(USA)NA Janet Leach Default Judgment for Plaintiff 10/02/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Bank(USA)NA $0.00 $0.00 $0.00 Janet Leach $0.00 $6,116.74 $6,116.74 Judgment Finding (*Post Judgment) In the matter of Capital One Bank (USA) NA vs. Janet Leach on MJ-09102-CV-0000190-2012, on 10/02/2012 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$0.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,939.92 $5,939.92 Filing Fees $0.00 $176.82 $176.82 Grand Total: $6,116.74 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF 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 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. Date Elizabeth S.BeckleyN"'4�J �` certify that this is a true and correct copy of the record o t e proceedings contai a the lug ent` Date eri istbi t udg MDJS 315 Page 1 of 2 Printed:07/14/2014 1:49:41 PM ° Capital One Bank (USA) NA Docket No.: MJ-09102-CV-0000190-2012 V. Janet Leach Participant List Private(s) Frederic Ivan Weinberg, Esq. 3 - 1001 E Hector Street Suite 220 Conshohocken, PA 19428 7u - W Plaintiff(s) '� r-LD c, -a C Capital One Bank(USA) NA ��-a : 4851 Cox Road y t Glen Allen,VA 23060 k - Defendant(s) Janet Leach 4341 Carlisle Pike C8 Mechanicsburg, PA 17055 D � MDJS 315""r Page 2 of 2 Printed:07/14/2014 1:49:41 PM ,COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-02 Capital One Bank (USA) NA MDJ Name: Honorable Elizabeth S. Beckley V Address: 1901 State Street Janet Leach Camp Hill, PA 17011 Telephone: 717-761-0583 Capital One Bank(USA) NA Docket No: MJ-09102-CV-0000190-2012 4851 Cox Road Glen Allen, VA 23060 Case Filed: 8/31/2012 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-CV-0000190-2012 Capital One Bank(USA)NA Janet Leach Default Judgment for Plaintiff 10/02/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Bank(USA)NA $0.00 $0.00 $0.00 Janet Leach $0.00 $6,116.74 $6,116.74 Judgment Finding (*PostJudgment) In the matter of Capital One Bank (USA) NA vs. Janet Leach on MJ-09102-CV-0000190-2012, on 10/02/2012 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$0.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,939.92 $5,939.92 Filing Fees $0.00 $176.82 $176.82 Grand Total: $6,116.74 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF 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 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. eils�'' D� Date Elizabeth S.Beckley certify that this is a true and correct copy of the recor of he procee Ings conta t e lu ment. Date a s eri i IXJ64e MDJS 315 Page 1 of 2 Printed:07/14/2014 1:49:41 PM Capital One Bank (USA) NA Docket No.: MJ-09102-CV-0000190-2012 V. Janet Leach Participant List Private(s) t: Frederic Ivan Weinberg, Esq. c - 1001 E Hector Street Suite 220 ='- - -. Conshohocken, PA 19428 Plaintiffs Capital One Bank(USA) NA 4851 Cox Road p C-) c-� Glen Allen,VA 23060 Defendant(s) -i M Janet Leach 4341 Carlisle Pike C8 Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 9 Printed:07/14/2014 1:49:41 PM 2139552 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 CAPITAL ONE BANK (USA), N.A. 4851 Cox Road Glen Allen, VA 23060 vs. JANET LEACH 4341 CARLISLE PIKE CAMP HILL PA 17011 and PNC Bank ..7.7.105 Noble Blvd. =Carlisle, PA 17013 GARNISHEE(S) =TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14-5104 PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JANET LEACH (2) against PNC Bank defendant(s)and garnishee(s) (3) Amount Due Interest from September 2, 2014 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL 20q,oc� a �"� r3L a s CAT 'as 4a.aS�Lc� $6,116.74 $75.73 $0.00 FREDERIC I. WEINBERG, SQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2� 31yisuz `C-13'sti4 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net CAPITAL ONE BANK (USA), N.A. Vs. JANET LEACH WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-5104 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JANET LEACH, 4341 CARLISLE PIKE, CAMP HILL, PA 17011 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $6,116.74 Plaintiff Paid Interest FROM SEPTEMBER 2, 2014 - $75.73 Law Library $.50 Attorney's Comm. % Attorney Paid $60.25 Date: 12/22/14 (Somal) Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.0 375 E. ELM STREET SUITE 210 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2U5J[; *]' -2 (�' { ( 3: 0 , r. tiMBERLAND C,CU,41 PENNSYLVANIA Capital One Bank (USA) N.A. Case Number vs. Janet Mae Leach 2014-5104 SHERIFF'S RETURN OF SERVICE 12/29/2014 09:41 AM - Jamie DiMartile, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Wendy Whistler, Teller Banking Specialist, 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 her. The writ of execution and notice to defendant was mailed on December 30, 2014 to Janet Leach at 4341 Carlisle Pike, Apartment C8, Camp Hill, PA 17011. 4IE DIMARTILE, DEPUTY SO ANSWERS, December 30, 2014 R NFP' R ANDERSON, SHERIFF (c) CountySuito Sheriff, Toteosoft, ��.c.