HomeMy WebLinkAbout06-2779
Plaintiff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil DiV::7>> ~dJ-3~N
Commonwealth Financial Systems, Inc.
120 North Keyser Avenue
Scranton, P A 18504
vs.
CHRISTINE RASMUSSEN
120 S Hanover St
Carlisle, P A 17013
PRAECIPE FOR ENTRY OF mDGMENT
f!}(;. d- 771 6;J
Defendant(s)
To the Prothonotary of Cumberland County:
I) Enter Judgment on the attached Certified copy of Judgment from a District Justice,
A) Date of Instrument: 03/20/2006
B) Amount of Judgment: 4,694,64
C) Interest From: 03/20/2006
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) ] 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:
CHRISTINE RASMUSSEN
120 S Hanover St
Carlisle. PA 17013
aJ~tflj C/~
Patricia A. Cobb, Esquire, Attorney for Plaintiff
Patricia A Cobb, Esquire
120 North Keyser Avenue
Scranton, PA 18504
570-342-1600 Ex!. 202
Attorney ID 39688
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUllBBRLABD
09-2-01
NOTICE OF JUDGMENTrrRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
IcOIlllOIl1lBALTH PI:JlABC:IAL SYSTBIIS, me
120 BORTH XBYSBR A'IIluIulS
SCIil.ABTOR, PA 18504
L ~
Mag. Dist No
MDJ Name: Hon.
PAULA P. COVV1I!JU.
Add,e" 2260 SPR:IJIG IiI.D StJ:ITB #3
CAIiI.L:ISLB, PA
VS.
Teleph""e (717) 218-5250
17013-0000
DEFENDANT: NAME and ADDRESS
fiAsIl11SSBR, CBIl:IST:IIIB,
120 S B:AROVBIiI. ST
CAIiI.L:ISLB, PA 17013
L
-,
COIIIIOIl1lBALTH P:IJlABC:IAL SYSTBIIS, IRC
120 BORTH XBYSBIiI. A"J5IlIulS
SCIil.ABTOR, PA 18504
Docket No.: CV-0000025-06
Date Filed: 2/22/06
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THIS IS TO NOTIFY YOU THAT:
, -. Judgment:- -,. '" .--
Mll- "PY;. T1II'I"r:r:r .
[i]
[i]
Judgment was entered for:
(Name)
I"nIIIIn.wll!a.T..... .Y."''''T
aT. AVA'PR
Judgment was entered against: (Name)
VIl.AlnUIA_, CRllTATT_
in the amount of $
4 6114 64 on:
(Date of Judgment)
1/20/06
.
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice,
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 98127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 4.572.64
Judgment Costs $ 122.00
Interest on Judgment $ .00
Attomey Fees $ .00
Total $ 4.694.64
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY P-ARTVHAS THE RIGHT TQAPPEAL WITHI~ ~ DAVS A!'TEfl T~ENTR'(QF JUDGMENT BY FILING_A NonCE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NonCE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NonCE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE .ltJDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS ANb 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
'. '." ' AR7Q!JEST FOR ENTRY OF SA;I]l!F,\cnONWITHTHI: MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
.,": "",l!etrLEll"O,,\C?T!il:flWISI: CPMPLjES;~IIHTHE,JU~M.ENT.
>;;"":':;"""-':-":..":'_<',',i"',.-,",, ':: ;-'~'~:;;:\\,:".,\:,' '."'!
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I certify that this is atruei\
5-I-DIo Date
s cOntailJing;fue judgment. ,
, ' . - "'~:. '......., '-.
, Magi~ierial District Judge
My commission expires first Monday of January, 2012
'SEAL
Aope 315.05
DATB PR:IlITBD:
3/21/06
10:43:31 AX
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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
Plaintiff
No. Cv -- {IJ '!J-4l;J
vs,
CHRISTINE RASMUSSEN
120 S Hanover St
Carlisle, PA 17013
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): CHRISTINE RASMUSSEN; 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): CHRISTINE RASMUSSEN; is(are) older than eighteen years of age;
That the employment status of the defendant(s): C
RASMUSSEN; is(are) unknown.
Patricia A. Cobb, Esquire
f{\()Jv\ 20 (1.9
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NOTARIAL SEAL
JENNIFER LOEH
Notary Public
CITY OF SCRANTON. LACKAWANNA COUNTY
My Commission Expires M~' 2.2009
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-2779 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 Christine Rasmussen
120 S. Hanover St.
Carlisle, P A 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 Commerce Bank 65 Ashland Ave Carlisle, PA 17013
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) 426-80-4682
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 $4,694.64
Interest $117.35
Atty's Comm %
Atty Paid $2.50
Plaintiff Paid $34.75
Date: August 7, 2006
L.L.$.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary _
By: ~ y~.
r~ Deputy
9!
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Ave.
Scranton, P A 18504
Attorney for: Plaintiff
Telephone: 570-347-1115
Supreme Court ID No.
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, Pennsylvania, Civil Division
Vs.
CHRISTINE RASMUSSEN
120 S Hanover St
Carlisle, P A 17013
NoOlO --J1 )~-Cu5vG
Defendant( s)
vs
Commerce Bank
65 Ashland Ave
Carlisle, P A 17013
PRAECIPIE FOR WRIT OF EXECUTION AND
ATTACHMENT (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 CHRISTINE RASMUSSEN. 120 S Hanover St. Carlisle, PA 17013
Defendant( s)
(3) And against
Commerce Bank
65 Ashland Ave
Carlisle, P A 17013
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): 426-80-4682;
$ Lfj ~ ~!fsWcj
(5)
Judgment Amount
Interest
Clerks Fee
Sheriff
Poundage
Total
rl~baf!t (/Je
Attorney for Plaintiff
Dated ~ ./101 p
120 N Keyser Ave
Scranton, PA 18504
570-347-1115
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In the C.ourt of C.onnn.on Pleas .of Cumberland C.ounty, Pennsylvania
Civil Division
C.ommonwealth Financial Systems, Inc.
120 N. Keyser Avenue
Scrant.on, PA 18504
Plaintiff
File N.o: 06-2779
Vs.
Christine Rasmussen
120 S Han.over St.
Carlisle, P A 17013
Defendant
Vs.
Commerce Bank
65 Ashland Ave
Carlisle, P A 17013
Garnishee
Praecipe for Entry of Appearance
Kindly enter my appearance .on behalf of Commonwealth Financial Systems, Inc. in the ab.ove-
captioned matter,
Print N
Address:
Datelij .~
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COMMONWEAL TH FINANCIAL
SYSTEMS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 06-2779
CHRISTINE RASMUSSEN,
Defendant
IN RE: CLAIM FOR EXEMPTION
ORDER
AND NOW, this Z v'" day of August, 2006, a hearing with regard to the defendant's
claim for exemption is set for Tuesday, August 29, 2006, at 11 :00 a.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
~tricia A. Cobb, Esquire
For the Plaintiff
/hristine Rasmussen
120-A South Hanover Street
Carlisle, P A 17013
Sheriff - fLa-rt d
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Court Administrator
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COMMONWEAL TH FINANCIAL
SYSTEMS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LA W
NO. 06-2779
CHRISTINE RASMUSSEN,
Defendant
IN RE: CLAIM FOR EXEMPTION
ORDER
AND NOW, this Z Y" day of August, 2006, a hearing with regard to the defendant's
claim for exemption is set for Tuesday, August 29,2006, at 11 :00 a.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
Patricia A. Cobb, Esquire
F or the Plaintiff
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Kevr. Hess, 1.
I
Christine Rasmussen
120-A South Hanover Street
Carlisle, PAl 7013
Sheriff
Court Administrator
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RECEIVED
AUG J ~ 2006
i
R. THOMAS KLINE
Sheriff
RONNY R. ANDERSON
Chief Deputy
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
JODY S. SMITH
Real Estate Sergeant
" I'
One Courthouse Square
Carlisle, Pennsylvania 17013
/
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08/18/06
Cumberland County Court Administration
Attn: Taryn Dixon
1 Courthouse Squm:e
Carlisle, P A 17013
Enclosed please find a Claim for Exemption, pertaining to Civil Case Number
2006-2779 Civil, filed by Christine R. Rasmussen, which was received in the
Cumberland County Sheriffs Office on August 18,2006, please fOlWard a copy of the
Notice of Hearing to my attention in the Sheriffs office so that I may schedule my
attendance there, however it is the Court's responsibility to notify all parties involved.
Thank You for your consideration to this matter.
Claudia A. Brewbaker
Staff Assistant
.
WRIT OF EXECUTION - CLAIM FOR EXEMPTION
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To the Sheriff of Cumberland County, Pennsylvania:
I, the defendant, claim exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon,
a. I desire that my $300.00 statutory exemption be
[ ] (1) Set aside in kind (specifY property to be se aside in kind):
rocking chair and grandfather clock
[ ] (2) paid in cash following the sale of the property levied upon; or
b. I claim the following exemption (specify property and basis for exemption)
(2) From my property which is in the possession of a third party, I claim the following
exemptions:
a. My statutory exemption: [ ] in cash; [ ] in kind (specifY
property):
b. Social Security Benefits on deposit in tne amount of $ 3 7 3 per month,
$ direct deposit in Commer~e Bank, acct.#537168239,
SSN 426-80-4682
c. Other (specifY amount and basis of exemption)
$
I request a court hearing to detennine the exemption. Notice of hearing should be given to me at:
/;;<t'~~~L}r.
(Address) ~ ~,IlA /70 /~
/~- /A V~
(Telephone Number)
I verifY that the statements made in this Claim for Exemption are true and COlTect. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Ss 4904 relating to unsworn
falsification to authorities.
Date: $> - 1 g> - c> Ie
~~~~~K ,e~~~~~~~
(Defendant)
THIS CLAIM TO BE FILED WITH THE OFFICE
OF THE SHERIFF OF Cumberland COUNTY
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COMMONWEALTH FINANCIAL: IN THE COURT OF COMMON PLEAS OF
SYSTEMS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
: CNIL ACTION - LAW
: No.1 06-2779
CHRISTINE RASMUSSEN,
Defendant
ORDER
AND NOW, this 29th day of August, 2006, upon claim of the Defendant for
exemption from execution by the Plaintiff on certain personal property of the Defendant;
and upon failure of the Plaintiffto contest said claim; it is hereby
ORDERED and DECREED that the attachment of Defendant's checking account
#537168239, located at Commerce Bank, be lifted, and any and all actions necessary to
accomplish same be taken by the Plaintiff and Commerce Bank.
,
Further, that Defendant's antique rocking chair and grandfather clock, having a
combined value equal to or less than three hundred dollars ($300.00), be declared exempt
from execution.
BY THE COURT,
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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; 06-2779
Plaintiff
Vs
Christine Rasmussen
120 S Hanover St.
Carlisle, PA 17013
, ()1oX~ to
Interrogatories in Attachment
Defendant( s)
Vs
Commerce Bank
65 Ashland Ave
Carlisle, PA 17013
Garnishee
RE: Execution of Judgment against your depositor Christine Rasmussen SSN#426-80-4682.
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:
J) 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.
D7fendant had account 537168239 with a balance of $ 74.46 at
tlme served. The account is individually held.
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 #1?
Account 537168239 had a balance of $74.46 at time served.
3) At the time you were served or at any subsequent tirne, please list the average daily
balance in the past five (5) months for each'such account identified in your answer to
Interrogatories number one (I) and two (2) above.
Checking account 537168239 had an avg quarterly balnce of $251.50
,
. '
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 account 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, docurnents 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 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 ofthe same).
Commerce Bank
3801 Paxton Street
Harrisburg, PA 17111
71 1 -6134
Date~
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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: 06-2779
Christine Rasmussen
120 S Hanover St.
Carlisle, P A 17013
Praecipe to Dissolve the Attachment
Against Garnishee.
Defendant
Vs,
Commerce Bank
65 Ashland Ave
Carlisle, P A 17013
Garnishee
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment Against Garnishee,
ou,
M~CJ2.oX
atricia A. Cobb, Esquire
Lawyer ID # 39688
Commonwealth of Pennsylvania
Lackawanna County .
Sworn and subscribed befo me on thiS~day of ~rvv.btr 20 [)..p
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Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garirishee
Postage
TOTAL $
18.00
1.66
Advance Costs: 150.00
Sheriffs Costs: 84,56
$ 65.44
.50
1.00
4.40
30.00
20.00
Refunded to Atty on 09111/06
9.00
84.56 v '1 )J.-lj 0 I. ~
So Answers;
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R. Thomas Kline, st6~
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By Claudia A. Brew aker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-2779 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 Christine Rasmussen
120 S. Hanover St.
Carlisle, P A 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 Commerce Bank 65 Ashland Ave Carlisle, PA 17013
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) 426-80-4682
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 $4,694.64
Interest $117.35
Arty's Comm %
Arty Paid $2.50
Plaintiff Paid $34.75
Date: August 7, 2006
L.L.$.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
By: ~;MLL
K- ,w~. W
Deputy
REQUESTING PARTY:
Name Patricia A. Cobb, Esq.
Address: 120 N. Keyser Ave.
Scranton, P A 18504
Attorney for: Plaintiff
Telephone: 570-347-1115
Supreme Court ID No.
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-02779 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
RASMUSSEN CHRISTINE
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:33 Hours, on the 10th day of August
, 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
RASMUSSEN CHRISTINE
, 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
CINDY CROSSLEY (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 .
.,..-
q - l.t -iJf.;
Sworn and Subscribed to
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+
SO?~~
R. Thomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
before me this
day of
By
08/11/2006
A.D