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HomeMy WebLinkAbout05-6526 2021788 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK 10625 Techwoods Circle Cincinnati, OH 45242 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05 -to~~b {!/(.>;L/~ JERRY W BATES 332 RIDGE HILL RD CARLISLE PA 17013 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHN TWENTY (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 IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCI.i'lTION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant (s) the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant(s)received and accepted goods and merchand- lse and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit nAn. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $7,875.34. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $7,875.34 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,875.34 at the rate of 23.99% from the date of February 28, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: ESQUIRE P01h VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ FRCD'R" ,. w~ ESQUIRE 2-02..\138' AFFIDAVIT OF INDEBTEDNESS State of Ohio) County of Rami It on ) ss. Kim Kenney being sworn, deposes and says that she is Media Supervisor ofUnifund 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 Jerry W Bates, Account Number 4128002688418669, the amount of $21587.90 (principal balance in the amount of $7875.34 plus interest up through 09/02/2005 in the amount of$13712.56). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of23.99 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Citibank (South Dakota) NA's account was issued under the name of Citibank. Unifund CCR Partners purchased this account from Citibank (South Dakota) NA Said account has been referred to Gordon & Weinberg P.C. 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 September 2, 2005 CCR PARTNERS By: Kim Kenney Media Supervisor 10625 Techwoods Circle Cincinnati, OR 45242 Address Subscribed and sworn to before me this 2. day of September, 2005 a4ar Notary Public My commission Expires /\'!;~t~' i :,;' ;""/i',., CHERYL COLE NOIARY PUBLIC STAT\~ OF OHIO - Cornm. Expjres Client # 829 .~, -2 /,-;:>/v....}, ~ .' \ 0 ,,~ /1// 'F OF o\::;\ \\'\' ///011111\11\\1\\\ July 19, 201 0 829 20'2- n <rJ'8' Balance as of: Payment Due Minimum Payment Account Number 09/02/2005 Date Payment Enclosed I 4128002688418669 I $21587.90 I Past Due I $21587.90 1$ I Make checks payable to: Unifund UNIFUND STATEMENT Jerry W Bates 332 Ridge Hill Rd Carlisle PA 17013-8482 MESSAGE FROM UNIFUND Your account is past due $21587.90. The past due amount is included in the minimum payment. Please remit immediately. If you have already s,ent payment for the above amount, thank you. TRANSACTIONS: I Date II Transaction II Balance I~~I Payments II New I Balance 09/0212005 Citibank (South Dakota) NA's $21587.90 $2158/'.90 $0 $21587.90 account was Issued under the name of Cltibank. Unlfund CCR Partners purchased this account from Citibank (South Dakota) NA Prompt crediting of payments. To receive credit for payments as of the date of receipt, we must receive your check or money order at: Unifund 10625 Techwoods Circle Cincinnati, OH 45242 Payments received at the above address in the manner specified after that time will be credited to your account as of our next business day. The crediting to your account of payments received at any location other than the above address may be delayed up to 5 days of receipt This communication is from a debt collector. FEtderal law requires us to inform you that this is an attempt to collect a debt and any information obtained will be used for that purpose. ~ G ~ 8 ur. "', 0 ~ C) = 1\ ~; = -n Y\ ~, -4 --;:]t-;", c::> X-n rr1 nlF f"1'-{' <> Uf z::;< \:"Jrn "- ~ ",- :ocr} -... ('r' \.0 (~~~.~ ~ -c c;~ ~--~ '1 , :;1:..':'<'> ~,.. ~l f C> '."-~ ::;1: ~~r) & r;'~ ~ ;";")[""1"1 \Y P- j>i~; a :::-.:, ),,~ Vi ~ crt ~ C> J <..<1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-06526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS BATES JERRY W ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BATES JERRY W the DEFENDANT , at 0900:00 HOURS, on the 29th day of December, 2005 at 332 RIDGE HILL ROAD CARLISLE, PA 17013 by handinSJ to ANN BATES, WIFE 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 Service Affidavit Surcharge So Answers: 18.00 6.72 .00 10.00 .00 34.72 f 0....".../~'/.,.r::v . c.,;' -;;P' "'>?Ji:~:;;..-:"r7.t".<,":"<;" r R. Thomas Kline ...:/,/-< ",,v~~~ ,1 ,..-e" 12/30/2005 GORDON & WEINBERG me this lie day of By:/ oJ t---2.. ~. ./O\-~ \ J.}. Deputy Sheriff Sworn and Subscribed to before / \ A.D. 2021788 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 COURT OF COMMON PLEAS CUMBERLAND COUNTY UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. DOCKET NO. 05-6526 CIVIL JERRY W BATES NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $15,323.82. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. FREDERIC PAUL M. Attorne INBERG, ESQUIRE CHOF ELD, JR. ,ESQUIRE Plaintiff BY: Dated: February 6, 2006 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-6526 CIVIL JERRY W BATES PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, JERRY W BATES, and assesses the damages as per statement below. FREDERIC I. WEINB PAUL M. SCHOFIE Attorney for PIa SQUIRE ESQUIRE Principal Interest from @23.99% Total: $7,875.34 February 28, 2002 $7,448.48 $15,323.82 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. SQUIRE ESQUIRE FREDERIC I. WEI Attorney Filed: By the Prothonotary: AND NOW, this .:2/ s+- , 200~ Judgment ~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-6526 CIVIL JERRY W BATES CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF CITIBANK and that the last known address of defendant, JERRY W BATES, 332 RIDGE HILL RD, CARLISLE PA 17013. GORDON & WEINBERG, P.C. FREDERIC I. PAUL M. SC Attorney fo BY: GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-6526 CIVIL JERRY W BATES AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 332 RIDGE HILL RD, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and SUbscr~ Before me this U Day ~.ak otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINE M. COL6N, Notary Public City of Philadelphia, Phila, County M Commission Ex Ires Novem r 18 2009 2021788 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 05-6526 CIVIL JERRY W BATES NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA JERRY W BATES 332 RIDGE HILL RD CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: January 23, 2006 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 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. r7 <)" .c FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE BY: P10D-2 ~'t- p ~ ?( ...0 C> n ,~.~ 0- , ',\ ~ "'- ,-y' i --;4 ,,--, <rt .j rl'"\ ~-y:: ..,..., C"; plf"-; \' .' -~t ',Y~ ~ ~ r- f".) . ' r- -- " ~. C> ~ (j E ~'"? .1- - (,..-", GORDON & WEINBERG, 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 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. JERRY W BATES 332 RIDGE HILL RD CARLISLE PA 17013 and WACHOVIA BANK 604 E HIGH STREET CARLISLE, PA 17013 CARNI3HEE 2021788 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 05-6526 CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue wait of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JERRY ~P BATES (2) against ~PAC80VIA SANK (3) AMOUNT DUE INTEREST from February 21, 2006 COSTS defendant (s)and garnishee(s) $15,323.82 $3,980.41 Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) ~ ~ N ~ ~ ~ rn --~ ~ ~~ ~~ r -v ~ ~rn -~GD CAD ~ ~L') z Z --!'Q p 3 ~~ y,c ~? --tom -t _.~ r~ :7"~ ~ ~ O ~ 2~ ~. 50 PtJ A11`/ 3~. ~a e~ 55, 50 h 9. oo ~• 01. SD " ~aG.aa -Pn ~ TOTAL ~ oZ.. 00 AUP~I„p • 5o L(, FREDERIC I. WEIN E ESQUIRE JOEL M. FLINK, ES IRE L-~' ~~1.~30~ Attorney for Plaintiff 2~'a~840~ ~~,~ ~~~1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-6526 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS, Assignee of CITIBANK, Plaintiff (s) From JERRY W. BATES, 332 Ridge Hill, Rd, Carlisle, PA 17013 (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: WACHOVIA 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 $15,323.82 Interest from 2/21/06 -- $3,980.41 Atty's Comm Atty Paid $126.22 Plaintiff Paid Date: 9/28/10 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs vid D. Buell, Protho By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, PC 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4?k,?`q QS ?ttlt?bp?f?h? ^rFrS.E ?'F THE SnfERIFF 4 Il 1 L,.. 12 1;11?.., a?-tjf14S1r1 ,(l: 1i: Unifund CCR Partners, Assignee of Citibank vs Case Number . Jerry W Bates 2005-6526 SHERIFF'S RETURN OF SERVICE 11/0812010 02:27 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on November 8, 2010 at 1427 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jerry W. Bates, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Daniele Horn, 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 her. The writ of execution and notice to defendant was mailed on November 8, 2010 to Jerry W. Bates at 332 Ridge Hill Road, Carlisle, PA 17013. SO ANSWERS, November 10, 2010 RON R ANDERSON, SHERIFF wn G s a , Deputy (cl CountySuice Shenft. Teleosoft. Inc. SIRLIN GALLOGLY & LESSER, 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 FILE70- 0 FIC . y It ; _l %-j OTA R Ali 10: 4 9 k.{ZV; UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND JERRY W. BATES : NO. 05-6526 CIVIL and WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A.. GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on Bank, N.A., Garnishee in the above-captioned Date: Its Fargo SIRLIN GALLOGLY & LESSER, 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 • FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 29 PM 4: 12 CU PENNS LVAN A TY UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. JERRY W. BATES and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 05-6526 CIVIL WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, Plaintiff 1. No. 2. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled Ann M. Bates, Jerry W. Bates with a zero balance. This account has been restricted pursuant to this writ. Garnishee is unable to determine from its records whether this is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 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) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Ann M. Bates, Jerry W. Bates contained the sum of $49.68, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Ann M. Bates, JerryW. Bates is titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to determine from its records as to the appropriate designation of the account. If the parties to the instrument are husband and wife, then such asset is an entireties asset and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an appropriate Order of Court directing the Garnishee to permit execution against such assets by Plaintiff in whole or in part. Garnishee will stay era ion pending a hearing and determination by the appropriate Court. JON Garnishee Date: h :E du IkOrn according to eepasez; at-id is the Writ of L'Sadhavla t `.ahil r- :i =`=- kr-ml§hea h2t`airt cm-d 1z rl j is m: -eta Taff m vtfiti Lt I ha, f vi egobla Amsvt- . j Cf se . e !?L1`` atones. Qt tom. l.f`Li a and . s -- Y?i`ki=g'e. C3t1 rd T::ge uncle s?drl s .i?.f 31 o PI:-- y =Ica: sa'61!?c? id psi.-Wel of 18 152, , x ? c? t c C.5. Section. 904kiin -e e=?na?s-:? r •- 7-1 UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. JERRY W. BATES and c COURT OF COMMON PLEO, C.) COUNTY OF CUMBERLAN?i© NO. 05-6526 CIVIL WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee, discontinued, upon payment of your costs only. FREDERI INBERG Attorney for Plaintiff f ? Uv Pd ?? CA tr `f0017 Q-"' J i-a 31 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2005-6526 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK Plaintiff (s) From JERRY W. BATES, 332 RIDGE HILL ROAD, CARLISLE, PA 17015 (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: M&T BANK, 1 WEST 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$8,969.64 Interest FROM FEBRUARY 21, 2006 - $5,582.29 Atty's Comm % Atty Paid $248.22 Plaintiff Paid Date: AUGUST 1, 2012 L.L. $ Due Prothy $2.25 Other Costs Dav . well, Prothonotary (Seal) REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 By: Deputy Supreme Court ID No. PLAINTIFF 2 )21788 GORDON & WEINBERG, 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 r C f= THE PROTHONOTARY 2012 AUG -I PM 3: 12 CUMBERLAND COUNTY PENNSYLVANIA UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK VS. JERRY W BATES 332 RIDGE HILL RD CARLISLE PA 17015 and M&T Bank 1 West High Street Carlisle, PA 17013 GARNISHEE TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6526 CIVIL PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JERRY W BATES defendant(s)and (2) against M&T Bank garnishee(s) (3) AMOUNT DUE $15,323.82 INTEREST from February 21, 2006 $5,582.29 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account X$6,354.18) E) TOTAL av?A A y. -7 0906F s5•so "" C1. pd 9L4. So a I 40 FREDERIC I. WE RG, ESQUIRE JOEL M. FLINK, ESQUIRE sp,ittorney for Plaintiff V- 33U4 'P7 Y x SUz°d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~y~tltr of ~~~+>>br~~rr~d ~a ,~-~-. ~, R =. F E ~, r~=,, ~ i"1 E'A ~ s.' 1~1 ~ i Unifund CCR Partners, Assignee of Citibank Case Numbe vs. Jerry W Bates 2005-6526 SHERIFF'S RETURN OF SERVICE 08/08/2012 10:41 AM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1040 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mo ie: of the within named defendant, to wit: Jerry W. Bates, in the hands, possession, or control of the withi named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, y handing to Joan Crowl, Teller/Manager, personally three copies of interrogatories together with three t ue 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 08-13-12 to Jerry W. Bates at 332 Ridge dill Road, Carlisle, PA 17015. II SO ANSWERS, August 13, 2012 R ANDERSON, SHERIFF 4~'~z ohn Hanner, Deputy ~~. ~ . _,.a~=, ~ :~,~, ~~~ GORDON & WEINBERG, 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 fi T~ ~ ~'fdaT~fllyfOTAK`~' 2012 AUG ~ 6 PM t ~ 26 ~~ TY UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK vs. JERRY W BATES 332 RIDGE HILL RD CARLISLE PA 17015 and M&T Bank 1 West High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON P CUMBERLAND COUNTY DOCKET NO. 05-6526 CIVIL ~n~~ ~' INTERROGATORIES IN ATTACHL~NT TO: M6T Sank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 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 the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to th defendant for any reason? ~~ S ~ ~{ ~ 4 2v gvv a.. ~ a.lo 35'~ 4 2. At the time you were served or at any subsequent time was there in your possession, custody or control or i the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. nv 3. At the time you were served or at any subsequent time did you hold legal title to any property of any natur owned solely or in part by the defendant or in which 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 an interest? hd 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 if so what was the consideration therefore? nu 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 pursuaDt to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? ~~ 7. 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 funds are deposited electronically o~ 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, the amount of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. nJ 8. 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 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' If so, identify each account. ~Q Sj'1 ~ O ~'oZ V S~ O d' + a- lv ~ ~~ 9 .- h u rc Str c.:n ~ 9. How much is the value of any property in your possession belonging to the defendant(s)? ~ a o ~,~~ ~l'v DATED: ~~ ~AT~°~`0 S F1St~~~ ~~~T B~~~J~C FREDERIC I WEI ERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff aus ~ 4 2012 2021788 GORDON & WEINBERG, 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 484/35111-0500 UNIFUNDCCR PARTNERS ASSIGNEE OF CITIBANK VS. JERRY W' BATES and M&T Bark Garnishee J t^J .vim n.7 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6526 CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with M&T Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, .C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Poll p.5b j0,6 prry off n5a*5 e7 a?9711 SHERIFF'S OFFICE OF CUMBERLAND COUNTY A Anderson FJLED-OFFiCr, dy S Smith ;hief Deputy 1013 MAR 18 PM 2 35 Richard W Stewart " CUMBEIRLANQ CGUNTY Solicitor OFF CEOFT SKRIF< P"E'ANSYLVANIA Unifund CCR Partners,Assignee of Citibank vs. Case Number Jerry W Bates 2005-6526 SHERI'FF'S RETURN OF SERVICE 08/08/2012 10:41 AM-John Hanner, Deputy Sheriff,who being duly sworn according to law, states that on August 8, 2012 at 1040 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Jerry W. Bates, in the hands, possession, or control of the within named garnishee, M&T Bank, 1 W High Street, Carlisle, Oberland County, Pennsylvania 17013, by handing to Joan Crowl,Teller/Manager, personally three cop' 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 08-13-12 to*rry W. Bates at 332 Ridge Hill Road, Carlisle, PA 17015. 03/18/2013 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, March 18, 2013 RbNtrY R ANDERSON, SHERIFF 1 { i i i tcj^ounty8uite Sheriff,Tel=_osoft..irc.