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HomeMy WebLinkAbout06-2642 I , . . i . " "Wi~a", "Ql.f~f/'''lll'''', "g].f.g6:~89''','' 1, ff" "11" "11/;; or 'J"l3~",.. '.nJr7 RQ","","~Q'.rIP'IElT6n, p A IfQ1"","ERI~ J ~I."'T(T """J.:'.''',''l''.Rlr J oltl*KLl I . ;... - Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, P A 18504 In the Court of Common Pleas of Cumberland County, Pennsylvania CiViIDiV::OO) rC;!fl:f1/l a - ;;lit, t/"). c;J PRAECIPE FOR EN1RY OF JUDGMENT , .' I .",1, Plaintiff vs. GARY W GIVLER II 603 WERTZVILLE RD ENOLA, PA 17025-2060 Defendant(s) To the Prothonotary of Cumberland County: I) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date ofInstrnment: 0311412006 B) Amount of Judgment: 2,833.83 .i 1 I I I C) Interest From: 0311412006 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, IUC01porated 120 North Keyser Avenue Scranton,PJ\ 18504 4) I hereby certify that the address of the defendant is: GARY W GIVLER II 603 WERTZVILLE RD ENOLA, PA 17025-2060 }ca, c4-Q Patricia A. Cobb, Esquire, Attorney for Plaintiff ". Patricia A Cobb, Esquire 120 North Keyser Avenue Scranton, P A 18504 570-342-1600 Ex!. 202 Attorney ill 39688 i,~ ~ tOMMONWEAL TH OF PENNSYlVANrA COUNTY OF: CUllBBRL)JID . 0& - '}...G 11.- uv..:( NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE PLAINTIFF:. NAME and ADORESS TCoaOlnfBALTB PIIlUCIAL SYSTBIIS, I.a 120 R. EBYSBll. Aft SCR.UlTOR. PA 18504 L ~ Mag. Disl. No.: 09-1-03 MDJ Name: Hon. RICBAJm s. DOUGBJdlTY Add'." 98 S BIIOLA DR STE 1 BIIOLA, PA VS. T..phoc. (717) 728-2805 17025 DEFENDANT: NAME and ADDRESS fQIVLD II, QARY W &03 WBRTZVILLB ROAD BIIOLA. PA 17025 L --, ATTOJUIBY I'OR PLAIRTIPP : PATRICIA A. COBB 120 R. ~SBll. Aft COD P:IRARC SYS :IRe SCRABTOR, PA 18504 Docket No.: CV-0000039-0& Date Filed: 1{27{0& ~ '* THIS IS TO NOTIFY YOU TtlAT: Judgment: [i] Judgment was entered for: n.W'&.M..T ..1'tIn*~WK;_'r- PLTP (Name) ~IWIVR"T."" .T.a~T J aT. AI""". [i] Judgment was entered against: (Name) OTVT._ TT _ aavy 11' in the amount of $ 2.A",," A" on: (Date of Judgment) ,,/1./0& . . D Defendants are jointly and severally liable. D Damages will be assessed on: (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2.744.83 Judgment Costs $ 89.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2.833.83 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTlCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTlCE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAYBE 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 SATISFACTlON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. , Magisterial District Judge ; Magisterial DistricLJudge My commission expires first Monday of January, 2012 . SEAL Aope 315-05 DATE PR:IIITBD: 3{14{0& 10:21:45 ,U( . (I " g ~ "Oao 92~B zt"',. <.J>.;F ~t ~O "j>Q ~ ,. ~ ~ "'" ~ ~ ~ ~\ ~ e.~ s ;:::;{ ;;. ~ o . . Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 O(r 'J- & '11 civil .'-' , " iil Itl ,,.11 ! , " ,'-, .j , ,; I In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Plaintiff vs. NUJ ,rJ!J9 Ul,t; GARY W GIVLER II 603 WERTZVILLE RD ENOLA, PA 17025-2060 Affidavit under Soldiers and Sailors Relief Civil Relief Act of 1940 as amended. fi,l :~ 'I Defendant( s) State of Pennsylvania County of Cumberland } SS: " I , ".,il' :'11 "\1 II Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above named defendant(s): GARY W GIVLER II; 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): GARY W GIVLER II; is(are) older than eighteen years of age; ~~ That the.~mployment status of the defendant(s): G ',,' JjCM~ " Patricia A. Cobb, Esquire NOtARIAL SEAl JENNifER lOEH Notary public '''NACOUN1V N tN;KAW~. C\1V Of scRANlO\ 'Expire, Mar 2, 2009 MY Commlss on " 20 0+ ...:, ;! . I.' hi t'j ,. t '- \J\. '- ~ \ ~ ,1~ () '" ~ = ~ , ~,,~ c::: = ~ :;c- O' "._' :x ~::D " n""\Q,: 0~+ > -< ~ I ~~ -- \ .~ \D ~' ....j g' ..j ~~ :;'C1 J>o :ti..,.. -.. -r) ~ ';:'::'(j ::J: Q- ~ PC: <? t5~ -,J 2.~ ~ -... w -< ~ <::> '< ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,. Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~4;,~~et4~ of ~trtrtb~;~i~~~ ~~ ,~k ~~~~~.TI~iY 7~~D M~ Y f~ Ph t= t G Edward L Schorpp Solicitor Commonwealth Financial Services vs. Gary W Givler, II CU~,~~c:i-='irJ't,E',(t,? rte; ;tU1~ ~'Ei;fP~}Sk'LV~#~~tf~t Case Number 2006-2642 SHERIFF'S RETURN OF SERVICE 05/11/2010 02:32 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1432 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gary W. Givler II, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, 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 him. The writ of execution and notice to defendant was mailed on May 12, 2010 to Gary W. Givler II at 603 Wertzville Road, Enola, PA 17025-2060. SO ANSWERS, J~. "..,~ May 12, 2010 RON 'R ANDERSON, SHERIFF _~_ ~'~-~ Den s Fry,~p~p~ty .c] Ccunty5ulte Shenft, Tc~leosoft, t+~,c. ~, t ~ T 2010 Jai. -Z Ply i2~ 2~3 Commonwealth Financial Systems, Inc. c~}1~~ ,~ ~.-_ ..: ~~ 245 Main Street f,~, ., ~;, , ~ of Common Pleas of Dickson City PA ' 8519 ounty, Pennsylvania Civil Division Gary W Givler II 603 Wertzville Rd Enola, PA 17025-2061) NO.~.~1 O.r~g` ~~~ ~~uJt.lS Interrogatories in Attachment Defendant(s) Vs - Metro Bank i 1130 Carlisle Rd Camp Hill, PA Garnishee RE: Execution of Judgment against your depositor Gary W Givler I[ SSN #616-09-4038. You are required to file answers to the following interrogatories within twenty (20) days after service upon you.~ailure to do so may result in judgment against you: 1) At the 'ime 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 has account 537870644 held individually with a balance of $1886.83. Defendant did not receive $300 exemption 2) At the `ime you were served or at any subsequent time, what was the balance and accoun° number of the bank account(s) identified in Interrogatory #1? see answer to question 1 3) At the'~ime you were served or at any subsequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) and two (2) above. $1890.58 ~/, ~ sa~~ 4) At the time you were served or at any subsequent time, did the bank account(s) that the De ~ndant possessed contain funds derived solely from social security funds and/or iisability funds? Not to the knowledge of metro 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 consen*, and if so, what was the consideration therefore? no 6) At anytime 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 directic~.n 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 saf ;-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 of Defendant(s) in whic-'h you believe Defendant(s) have an interest in whole of part, whether or not styled 2s 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, accoun,' records, or other papers or electronic data, describe each in exact detail (or attach r~ copy of the same). Commonwealth Financial Slystems, Inc. By ~ .. ~ f~l~ ~~` l Patricia A. Cobb, Esquire 245 Main Street Dickson City PA 18519 570-347-1115 Ext. 202 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. % ~,~ u - t_ r (SIGN TURE) Commonwealt'i Financial Systems, Inc. 245 Main Street Dickson City, pA 18519 (/S~ Plaintiff Gary W Givler II 603 Wertzville Rd Enola, PA 17025-2060 Ys, Metro Bank 1130 Carlisle Ptid Camp Hill, PA Sworn and subscribed before me on this 17t" day of June, 2010 Defendant To the Prothonotary of Cumberland County Pennsylvania: c :~a - ~r ~ ~ ~~~= ' t; r- °~~' r cJ, ~, ~' . ' y ~, -- ~ ~. ~. . c. "~: ~, ~_ ::~ .. ._~ ,~ .~- `rte --- --c Please enter the above Praecipe to Enter Judgment Against the Garnishee in the amount of $1,586.83. Thy; $300.00 statutory exemption has already been deducted from this amount.. Thank you, atricia A. Cot'~b, Esquire Lawyer ID # 39688 Commonwealth of Pennsylvania Lackawarma C"aunty Tara Perez, Notary Public In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No: CV 039-06 06-2642 Civil Praecipe to Enter Judgment Against the Garnishee. NOTARIAL SEAL TARA ~ Publ c Notary ' SCRANTON CIN, LACK e~N NNoNA a0 01 ~ ~r~y, o~ ~d ~i~/C B ~'~ yass9 {~dffcc-A~~~~~ f0 (Ta~n~f~l(t Commonwealth Financial Systems, Inc 120 North Keyser Avenue Scranton, PA 18504 Plaintiff(s) Gary W Givler II 603 Wertzville Rd Enola, PA 17025-2060 Metro Bank 1130 Carlisle Rd Camp Hill, PA vs. In the Court of Common Pleas of Cumberland, Pennsylvania Civil Division File /Index No. CV 039-06 06-2642 Civil NOTICE OF FILING JUDGMENT Defendant(s) vs. Garnishee Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the Amount of $1,586.83 on _ ~,~ ~ ~ ( d By: t ) If you have any questions regarding this notice, please contact the filing party: Commonwealth Financial Systems, Inc. 245 Main Street Dickson City PA 18519 Telephone: 570-347-1115 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) FtL~~ -fi~~t-;=~,,;-~ ~~, r~~ TNr ~~- , '~Y Z010.li.,;~ -7 ~~~.~ E0~ 23 Jeffrey R. Pratz, Esquire Supreme Court I.D. #208934 The Law Offices of Pratz & Wallace 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Commonwealth Financial Systems Plaintiff r,, ,;,, ~ ~,~~r Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Gary W. Givler II Defendant CIVIL ACTION -LAW Docket No. CV. 039-06 06-2642 CIVIL CERTIFICATE OF SERVICE The undersigned verifies that on the 30th day of June, 2010, he did serve upon the following parties in the above-captioned action, a true and correct copy of the Defendants' Motion to Enforce the Settlement Agreement, by regular mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: Patricia A. Cobb, Esquire Commonwealth Financial Systems 245 Main Street Dickson City, PA 18519 Date: ~ `~ Jeff y obert Pratz, Esquire Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 ~.. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF FINANCIAL SYSTEMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW GARY W. GIVLER, II, Defendant N0.06-2642 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT AND OTHER RELIEF ORDER OF COURT AND NOW, this 12th day of July, 2010, upon consideration of Defendant's Motion To Enforce the Settlement Agreement and Other Relief, a hearing is scheduled for Tuesday, September 14, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ (~ J.~ esley O , Jr., ~ Patricia A. Cobb, Esq. Commonwealth Financial Systems 245 Main Street Dickson City, PA 18519 Attorney for Plaintiff v Jeffrey R. Pratz, Esq. 24 N. 32nd Street Camp Hill, PA 17011 Attorney for Defendant :rc C'4p~cs n~ ~ feel 7/i3~id ~G J. N ra _ i ~. U T7 ~ ~' -~ L 1 ~~ ..~ tJ ;., V.J ~. _ `~.. ~ ~ =r: _ r ~~. C: ~_ ~ -~- 'i `=~ c~ =< Commonwealth Fin cial Systems, Inc. 245 Main Street Dickson City, PA 18 19 Plaintiff V s. Gary W Givler II 603 Wertzville Rd Enola, PA 17025-: V Metro Bank 1130 Carlisle Rd Camp Hill, PA To the Prothonotary c Please enter the above Thank you, In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No: CV 039-06 06-2642 Civil Praecipe to Satisfy the Judgment Against the Garnishee. c~ c ~, ti `_. ~-ii ,~ rr, J ~ ~ ; ~: ; ~ -- Y1, `... .,.. .. ~i G.. Cumberland County Pennsylvania: °~ `' "~ Praecipe to Satisfy the Judgment Against the Garnishee. Patricia A. Cobb, Esquire Lawyer ID # 39688 Commonwealth of P nnsylvania Lackawanna County Swo and subscribed before me on this 21st day of June, 2010 r'~ ~ / / ara erez, Notary Publ' ~8 ~ Po apt-/ e* y~sc~o NOT RIAL SEAL R,~a~~70 TAR L PEREZ Nof ry Public SCRANTON CITY, ACKAWANNA COUNTY My Commission xpires Nov 14, 2011 COMMONWEALTH FINANCIAL SYSTEMS, Plaintiff v GARY W. GIVLER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2642 CIVIL TERM C -Z =i1 ^r j ,n IN RE: MOTION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 14th day of September, 2010, upon consideration of Defendant's Motion To Enforce the Settlement Agreement and Other Relief, and following a hearing, a.t. which the Defendant appeared and was represented by Jeffrey R. Pratz, Esquire, and at which neither the Plaintiff nor its counsel appeared, and at which evidence was presented by the Defendant in support of his motion, the motion is granted, and it is ordered and directed as follows: 1. Within 30 days of the date of this order Plaintiff is directed to reimburse Defendant in the amount of $474.15, representing money improperly garnished on Defendant's bank account; 2. Within 30 days of the date of this order Plaintiff is directed to pay attorney's fees to Defendant's counsel in the amount of $1,660 for work related to this motion; and 3. Plaintiff is directed to abide by the terms of the settlement agreement and mutual general release of June 17, 2010, in all respects. By the Court, J. Wesley Oler, Jr., "J. atr:icia A. Cobb, Esquire Commonwealth Financial Systems 245 Main Street Dickson City, PA 18519 For Plaintiff Jeffrey R. Pratz, Esquire 24 N. 32nd Street Camp Hill, PA 17011 For Defendant :mae enrt?s cc?II-el'to ?rq Commonwealth Financial Systems, Inc. 245 Main Street Dickson City, PA 18519 Plaintiff Vs. Gary W Givler II 603 Wertzzville Rd Enola, PA 17025-2060 Defendant Vs. Metro Bank 1130 Carlisle Rd Camp Hill, PA In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No: CV 039-06 06-2642 CIVIL Praecipe to Settle, Satisfy & Discontinue the Judgment. ^- 0o x ? XM 7.0 rrl C--, rn -D r r- i (\3 © tza 7110 r p- C --+r Garnishee To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Settle, Satisfy & Discontinue the Judgment. Thank you, Patricia A. Cobb, Esquire Lawyer ID # 39688 Commonwealth of Pennsylvania Lackawanna County Sworn and subscribed before me on this 14th day of December, 2010 S ie rKulick- Notary Public NOTARIAL SEAL STEPHANIE KULICK Noblry PubliC rCITY SCRANTON, LACKAWANNA COUNTY ommiss ion Expires Jun 21, 2012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2642 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 GARY W. GIVLER II, 603 Wertzville Rd, Enola, PA 17025-2060 (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: METRO BANK, 1130 Carlisle Rd, Camp Hill, PA 17011 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 $2,833.83 Interest -- $702.48 Atty's Comm % Atty Paid $54.25 Naintiff Paid Date: 5/7/10 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonota By: Deputy REQUESTING PARTY: Name PATRICIA A. COBB, ESQUIRE Address: 245 MAIN STREET DICKSON CITY, PA 18519 Attorney for: PLAINTIFF Telephone: 570-347-1115 ext. 202 Supreme Court ID No. 39688 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?g1tN??' ?? ?utnberlrh . d --'.F FILED-OFFICE ?010 DEC 22 PH 2: 4 c, ?IIIIERLAHD t;OU14T tt, Commonwealth Financial Services I vs. Gary W Givler, II Case Number 2006-2642 SHERIFF'S RETURN OF SERVICE 05/11/2010 02:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1432 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gary W. Givler II, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, 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 him. The writ of execution and notice to defendant was mailed on May 12, 2010 to Gary W. Givler II at 603 Wertzville Road, Enola, PA 17025-2060. 12/22/2010 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: $95.76 December 22, 2010 SO ANSWERS, J?' RON r R ANDERSON, SHERIFF B Sharon R. Lan z e? 79110 P,4- a5327a`, CI-0-Y&IJO She, 'f Tc c ?•t. Ir? .