HomeMy WebLinkAbout02-1854COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
COUNTY OF: CUMBE~T.a. ND
Mag. Dist. NO.:
09-3-04
DJ Name: Hon.
THOMAS A. P[~.CEY
^odress: 104 S. SPORTING HILL
MECHANICSBGRG, PA
Telephone: (717) 761'8230 17050
AMEKICHOICH P":']EEAL CR~ff'~IT ONION
20 SPORTING GREEN DRIVE
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment:
~-~ Judgment was entered for: (Name)
~-~ Judgment was entered against: (Name)
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
r-AMERICHOICE FEDERAL C~EDIT UNION -I
20 SPORTING GIU~EN DRIVE
MECHANICSBD~RG, PA 17050
[_ /
VS.
DEFENDANT: NAME and ADDRESS
i-CASSIDY, MICHAEL J. --I
38 CENTER DRIVE
CAMP HILL, PA 17011
Docket No.: CV- 0000021 - 02
Date Filed: 1/16/02
DEFAW[.T u'-WDO~ PLTF
in the amount of $
(Date of Judgment)
Defendants are jointly and severally liable.
Damages will be assessed on:
r~ This case dismissed without prejudice.
~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ~] generally stayed.
~-'-~ Objection to levy has been filed and hearing will be held:
(Date & Time)
Amount of Judgment $ 4,862.72
Judgment Costs $ 97.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 4,960.22
$
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date:
Time:
Place:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
/Iq/O .te , District Justice
I c~ify t~at this is a true a~y/DJ the record o~ ~ceedings containing the judgment.
~!Jq!~ Date ~ ~~ ,DistrictJustico
My commission expires first Monday of January, 200~ SEAL
AOPC 315-99
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICHOICE FEDERAL CREDIT UNION No. 2002-01854
Plaintiff
vs. CIVIL ACTION - LAW
MICHAEL J. CASSIDY,
Defendant
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
To the Prothonotary: ISSUE WRIT OF EXECUTION 1N THE ABOVE MATTER,
(1) Directed to the SheriffofCumberland County, Pennsylvania;
(2) against, Michael J. Cassidy, Defendant(s);
(3) and against Susquehanna Valley Federal Credit Union
(4) and index this writ
Garnishee(s);
(a) against, Michael J. Cassidy, Defendants and
(b) against Susquehanna Valley Federal Credit Union
Garnishee(s),
as a lis pendens against any and all property held with Garnishee Susquehanna Valley Federal
Credit Union as follows: (Specifically describe property) - Social Security Number 191-38-
3284 and upon the property of Defendant located at 38 Center Drive, Camp Hill, PA 17011.
(5) Amount due
Interest
Attorney's Commission
Filing costs
Dated
$4,960.22
be determined
~:o° be determined
Sto be determined
Steven C. Courtney, Esq~qlfi~
Attorney ID # 74669
TO: CUMBERLAND COUNTY SHERIFF
CUMBERLAND COUNTY COURT HOUSE
There will be place in your hands for service a Writ (Order) of Execution Styled as follows:
RE: AMERICHOICE FEDERAL CREDIT UNION, Plaintiff
VS. MICHAEL J. CASSIDY, Defendants
INSTRUCTIONS
If Writ of Execution, state what shall be seized and levied upon, If Real Estate, attach five (5) copies
of description together with the location of premises. In all services, give full information as to
parties to be served with address, etc.
Any and all property held with Garnishee, Susquehanna Valley Federal Credit Union
identified with Social Security Number 191-39-3284.
ALL PROPERTY OF ANY NATURE HELD WITH GARNISHEE SUSQUEHANNA
VALLEY FEDERAL CREDIT UNION SHALL BE SUBJECT TO THE LEVY.
Susquehanna Valley Federal Credit Union
1213 Slate Hill Road
Camp Hill, PA 17011
All accounts including savings, checking and other accounts, certificates of deposit, notes
receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes.
AND
You are directed to attach the property of the Defendant(s) not levied upon possession of
Defendant located at
Michael J. Cassidy
38 Center Drive
Camp Hill, PA 17011
WAIVER OF WATCHMAN
Steven C. Courtney, Esqmr~'ff'~
Attorney for Plaintiff
717-238-8187
Any deputy sheriff levying upon or attaching any property under within writ may leave same without
a watchman, in custody of whomever is found in po~,ession, after notify~g person~f'~uch levy or
attachment, without liability on the part of such deput~or the sheriff to ~n~nlai~iffherein for any
loss, destruction or removal of any such property bef~re~ri~~ -
Steven C. Courtney, Esquir~
Attorney for Plaintiff
AMERICHOICE FEDERAL CREDIT UNION,
Plaintiff
VS.
MICHAEL J. CASSIDY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2002-01854
: CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Please enter the Appearance of Steven C. Courtney, Esquire, as counsel for Plaintiff in
the above captioned action.
Respectfully Submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
SAt~ZyC~4~
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attomeys for Plaintiff
Date: June 3, 2002
Document #: 235641.1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-1854 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERII:F OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICHOICE FEDERAL CREDIT UNION,
Plaintiff (s)
From MICHAEL J. CASSIDY, 38 CENTER DRIVE, CAMP HILL, PA 17011
(1) You are directed to levy upon the properV/of the defendant (s)and to sell UPON THE PROPERTY
OF DEFENDANT LOCATED AT 38 CENTER DRIVE, CAMP HILL, PA 17011 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of ANY AND ALL PROPERTY HELD WITH GARNISHEE SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION, 1213 SLATE HILL ROAD, CAMP HILL, PA 17011,
GARNISHEE(S) as follows:
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 $4960.22
Interest
Atty's Comm %
Atty Paid $31.75
Plaintiff Paid
Date: JUNE 4, 2002
L.L. $.50
Due Prothy $1.00
Other Costs $.50 DUE GARNISHEE
CURTIS R. LONG
Prothonotary, Civil Division
REQUESTING PARTY:
Name STEVEN C. COURTNEY, ESQUIRE
Address: METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
P.O.BOX 5300
HARRISBURG, PA 17110-0300
Attorney for: PLAINTIFF
Telephone: 717-238-8187
Supreme Court ID No. 74669
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICHOICE FEDERAL CREDIT UNION No. 2002-01854
Plaintiff
VS.
MICHAEL J. CASSIDY,
Defendant
VS.
SUSQUEHANNA VALLEY FEDERAL :
CREDIT UNION, :
Garnishee :
CIVIL ACTION - LAW
( x ) Notice is hereby given that a judgment in the abo~ve-captioned matter has been entered
against you in the amount of $1,289.01 on (a o~ (a-O~. .
(x)
A copy of all documents filed with the Prothonotary in support of the within judgment
is/are enclosed.
by: ~"-tt~c/- ~[-/~
If you have any questions regarding this Notice, se conta . (~
Steven C. Courtney, Esqmre
Metzger Wickersham Knauss Erb
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
Susquehanna Valley Federal Credit Union
3850 Hartsdale Drive
Camp Hill, PA 17011
Michael Cassidy
38 Center Street
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
AMERICHOICE FEDERAL CREDIT UNION No. 2002-01854
Plaimiff
VS.
MICHAEL J. CASSIDY,
Defendant
VS.
SUSQUEHANNA VALLEY FEDERAL
CREDIT UNION,
Garnishee
CIVIL ACTION - LAW
Garnishee:
Susquehanna Valley Federal Credit Union
3850 Hartsdale Drive
Camp Hill, PA 17011
PRAECIPE FOR JUDGMENT UPON ADMISSION
To the Prothonotary:
Please enter judgmem in favor of the Plaintiff and against the Garnishee, Susquehanna
Valley Federal Credit Union, in the amount of $1,289.01, as admitted in the Answers to
Interrogatories to be in the Gamishee's possession. The amount of the judgmem together with
imerest and cost of the Plaimiff against the Defendant is $4,960.22 plus court costs.
Dated:
I.D. No. 74669
Metzger Wickersham Knauss Erb
P.O. Box 5300
Harrisburg, PA 17110-0300
Telephone: (717) 238-8187
FEZ .~.,10 rill OUO~U[.HMfff'tH Vi~LLi~! FUU FHA I"{U, I/IIOIUOO~ ~, U~
IN TH.E CO U.RT OF COMMON PLEAS OF CUMBEtCLAND COUN rY, PENNSYLVANIA
AMERICHOICE FEDERAL CREDIT UNION:
Plaintiff
VS.
MICIlAF, L J. CASSIDY
Defendant
No. 2002-01854
CIVIL ACTION- LAW
IN'rERROGATORIES TO GARNISIIEE IN AID OF EXECUTION
TO:
Susquehanna Valley Federal Credit Union ,
Camp Hill, PA 17011
PUKSUANT TO RULE 3114 OF TIIF', RULES OF CIVIL PROCEDURE, THE
FOLLOWING INTERROOATORIES IIAVE BEEN SERVED UPON YOUR INSTITUTION.
GARNISI'tEE IS IIERF, BY REQUIRED TO ANSWE, R EACH OF TI-IE FOLLOWING
INTERROGATORIES SEPARATELY AND FUI I,Y. PLEASE COMPLETE Tt IE FOLLOWING
INTERROGATORIES TO ASSIST'I.'I IE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL
OBLIOA'1 ION OF THE ABOVE REFERENCED DEBTOR(S).
IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEEI
A. You are required to file answers to flxe tbllowLng inten'ogatofies within twenty (20)
days after service upon you. Failure to do so may result in judgment against you.
B. The term "Defendant(s)" me:ms the individual(s) or entity against whom the Writ of
l.",xecution w,~s issued.
C, "You" means the main officc and all branch offices, representatives, employees, a nd
agents of Susquehanna Valley Federal Credit Union.
D. By service of the Walt o fExceution upo:~ you, all property of the D.e. fendant(s) subject
to attachmeut which is in your possession, custody or eonlzol is attached, including all property of
the Defendant(s) which comes into your possession fl~ereafler.
E. These Interrogatories arc 66n$ideri:d'io he contlmdn~ and'therefore should be
modi fled or supplemented as you receive furfl~er or additional information.
F. Where exact information cannot be furnished, estimated {afommtion is to be SUl2plied.
When mx estimate is to be used, it should be identi fled as such, and .an explanation should be g~ .yen as
to tho basis on which the estimate is made, and the rexson the exact mformafion ea~mot be furmshed.
G. Where lmowledge or information in p.o. ssession of a party is requested, such request
includes knowledge of the party's agent.q, xepresentatwes, and attorneys.
PLAINTI'FF~S INTERROGATORIES TO GARNISHEE
DEFENDANT - MICItAEL J. CASSIDY
1. DEPOSITORY ACCOUNTS: At the time you were served or at rmy subsequent
time, slate whether or not the Def,~ndant(s) maintains ,an}, c.hco.king,_savi~.gs, ,lin.? o,f~rc.,dit,
certificate or deposit's or other depository accounts with yot,~Jnosttm, tioj}..l[-so,.state thc
tlumbcrs el' those accounts, and the alnoullt or aln0tlnte thc DcIenoant~.s) nas m caen account. 1
Defendant(s) maintains any of these jointly with any olhcr person, or persons, give their ntane and
address .... ~ ha.~¢ ~'~
to ~0 ~ - ~'"-~ /,.~4 ~'('~ " ,, ,. ,, ,, ,, .= 2G, L'.F
, ,. SIT ACCOUN 1S Ar~ an of the accounts ou have listed abov
lA. plI~,~CTDEPO ......... · _ Y . _. Y .
direct deposit accountS? If yes, ple~qe state the identihcatio ~ numvers olthose accomlts,
2, SAFE BEPOSIT BOXES: At thc time you were served or at any subsequent time,
~mte ~hcthcr or riel the Defendant(s) maintains any safe deposit box or boxes. If so: include t.he
xdentilicalion nmnber or other designation of the box' or boxes. Includc a full descnpt!on of the
contents ,nd also the amount of cash mnong fl~oso contents. If the Defendant(s) m,'dntams any of
these jointly with any other person or persons give their full name and address,
3, I'ERSONAL PROPER'IW'; At the time you were served or at any subseq,uent
s~ate whether o',:i~~iS'G~as----~y persoua. I property ~t w~ in y~,~ Eos~ss~9~ ~n~,~r
control. If so, include a full description or all personal p~op~y g~vmg ~t vmua m~a p~=sent ~oc
State also whether or not thoro ur= any encumbran~s or ligus holde~, tho presem b~lm~ of thc
encumbrance, S rote where and whe~ lho eacumb~an~ or hens were recorded. If the Defendants)
o~s m~y p~sonal prope~y jointly wi~ any p~on or persons, give names and addre*s.
l~ I)~- ~. ~ ~o~, ~.,~. ~ ~IY ~1~ ~'"t't~
'-FY~...~,,-,,, ~, }~0,.~.x
4. _OTIIER ASSETS: At the time you were served or at any subsequent time, dld you
know of thc existence of any other asset(s) o[' tko Dqfendant(s) which are not disclosed in the
preeedlng Iaterrogatories. If so, please set fetch all details concerning lhose asset.
-'7'~,~ ,~.. ,. L~-~ .J ~ ~..,L. ~, ~-~ /~/~, 2~ / z,,//
A.~ l,~/;/ ,~ '-,,~,~.~-',,a~ ( 2 ,.--') ,,, .~t, .,_ L,,,~0~,..f r/ 5 ~,%~.ot
5. PROPERTY: Atthefitneyouwercservedo. r at any subsequent fime, wasthercin
your possession, eustoay, or control or in the joining poss,e, sston, custody, or.eontrol._.o lye t?s el.f.a~n.d°
one or more other persons any property of any nature owned solely o.r. ha part by any ~erenaant(siz t ~
so, please describe for each Defendant each item of property inelud,ng its value.
6. I..~.*..A.L PI;tOPER-TY: At rite ti_me you were se~?d o,r .at my sub .S~-l. u.e,,,t lint, ~.Y. ~o_~,~
hold leg:al, or e~iuitable title to troy property o! arty n. aturc o,,wnca sotety or in part t~y me i Jelenmmtku)
or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each
item of property including its vel ue and the interest held by the Defendan~.($),
7. PROPERTY IIEI,D AS A .F.I_D_U__CIAILY: At the time you were served or at any
subsequent t im~,-',-~i~l-~'ou hold as a fiduciary aa.y proper!y i_n ~whi eh any Dele,nd, .ant(s.).had ,an inter, e.s,t?
I1' so, please d~.s.¢ribe for each Defendant(s) the nature orthe property ii~cmuing its vame ant me
interest of Defendant(s).
8. TRAlqS[;ER OF PROPERTY'.. At any time before or all. er yoct were served, did any
Derendmtt(s) transfer or deliver any property to you or to any person or place pursuant to your
direction or co xsent If so, for each Defendant(s) describe the property transferred or delivered
including th,3 dates of d~liver7 or transi'er and stittc the consxderat~on paid.
Dated: June 3, 2002
METZOEi[, WICKER.SHAM, KNAUSS & ERB, P.C.
By:
Attorney .trgl, No. 74669
P.O. Box 5300
tIarrisburg, PA 17110-0300
(717) 231t-8187
Attorneys for Plaintilr
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2002-01854 p
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
AMERICHOICE FEDERAL CREDIT UN
VS
CASSIDY MICHAEL J
And now JASON VIORAL
Cumberland County of Pennsylvania,
to law, at 0015:08 Hours, on the 12th day of June ,
as herein commanded all goods, chattels, rights, debts,
moneys of the within named DEFENDANT
CASSIDY MICHAEL J
hands, possession, or control of the within named Garnishee
SUSQUEHANNA VALLEY FEDERAL CREDIT UNION
,Sheriff or Deputy Sheriff of
who being duly sworn according
2002, attached
credits, and
, in the
3850 HARTZDALE DRIVE
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
LARRY STONER (CEO)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to His
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
true
and made
So ans er
R. Thomas Kline
Sheriff of Cumberland County
06/24/2002
Sworn and subscribed to before me
this ~'~ day of ~
Pr6t~/onotary
/~epht~y Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICHOICE FEDERAL CREDIT UNION:
:
Plaintiff
VS.
MICHAEL J. CASSIDY,
Defendant
VS.
SUSQUEHANNA VALLEY FEDERAL
CREDIT UNION,
Garnishee
No. 2002-01854
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the above referenced Judgment against Susquehanna Valley Federal Credit Union,
as Garnishee, as satisfied in full.
Dated: 3 July 2002
Attorney I.D. No. 74669
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 2.16
Advertising
Law Library .50
Prothonotary 1.00
Mileage 9.66
Misc.
Surcharge 30.00
Levy ~ 0,00
Post Pone Sale
Garnishee 9,00
110.32
Sworn and Subscribed to before me
this ;4,~t_ day of O~
2003 A.D. ~,~,_ ('-.~. ~r ~/~'
prc~otary
Advance Costs:
Sheriff's Costs:
150.00
110.32
39.68
Refunded to Atty on 3 / 25 / 03
So Answers;
R. Thomas Kli~e. Sheriff
By _ ~ 'L 0,'_: ~ .-~ ,,-
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
INRE:
MICHAEL J. CASSIDY
Debtor/Movant
AMERICHOICE FEDERAL CREDIT UNION:
Respondent :
IN BANKRUPTCY
BK. NO. 1~04-00434
CHAPTER 7 PROCEEDING
CUMBERLAND COUNTY COURT OF
COMMON PLEAS, PENNSYLVANIA
NO. 02-1854
JUDICIAL, LIEN AVOIDANCE
ORDER OF COURT FOR JUDGMENT By DEFAULT
AND NOW, this iS day o ,2004, in consi[deration of the within Motion for
an Order Of Court for Ju~t'gment by lJ'efault, filed by Counsel for the Debtor/Movant, the Court
finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order
Avoiding Judicial Lien Pursuant to 11 U.S.C. Section 522 filed ,on March 3, 2004, and duly
served upon the Respondent; therefore, the Court orders judgment by default in favor of the
Debtor/Movant, Michael J. Cassidy, and against the Respondent, Americhoice Federal Credit
Union, as to the relief requested in the Motion.
IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the
Respondent, to which a levy would attach t ' ·
o Debtor s personal possessions as he owns no real
estate, is hereby declared void in its entirety as to the Debtor/Movant only and of no further force
and effect as it violates 11 U.S.C. Section 522(f)(1) of the Bankruptcy Code relating to
exemptions.
BY THE COURT:
Bankruptcy Judge