HomeMy WebLinkAbout01-5057COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CO~BERT.,~TD
09-3-02
HELEN B. S~.tU~.ENBERGER
~d~e~: P.O. BOX 155
2~ ~. BI~ SPRING A~ua
~LLE, P~
Telephone: (717) 776-3187 17241
CITIBANK
P. O. BOX 356
C/O OLIN NEIL & HALTRECHT
WEST CHESTER, PA 19381-0356
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
i-CITIBANK
P. O. BOX 356
C/O OLIN NEIL & HALT~ECHT
~EST CHESTER, PA 19381-0356
VS.
DEFENDANT: NAME and ADDRESS
CFO~iEY, MAEK A.
60 BIG SPRING AVE~u~
NEWVILLE, PA 17241
IDocket No.: CV-0000044-01
Date Filed: 3/19/01
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
]Judgment was entered against: (Name)
in the amount of $
FOR PT,AT~TFF
4, '7~;? _ 1 a on: (Date of Judgment)
[~] Defendants are jointly and severally ~iable.
~ 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 I-'-~' generally stayed,
(Date & Time)
Amount of Judgment $ 4. 656.6(]
Judgment Costs $ 100.5(]
Interest on Judgment $ .0(~
Attorney Fees $ .0¢
Total
$ 4,757.10
Post Judgment Credits $.
Post Judgment Costs $.
Certified Judgment Total $
~] Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
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
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
5-~ -o / Date /'~.~_~-.~ ,~.~ ~.~ ,District Justice
1 certify that this is a true and correct copy of the record of the proceedings containing the judgment.
~/,O-~//-/~"~/Date ~ I~ ~ ,Districtdustice
My commission expires first Monday of January,
AOPC 315-99
2006 SEAL
'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
Mag, Dist. No.:
09-3-02
DJ Name: Hon.
Helen B. Sholenberger
^ad .... 27 W. Big Springs Road
Newvllle, PA 17241
Telephon®: 717-776-3187
A._~ N~ DATE PAID
FILING COSTS $ / I
SERVING COSTS :~ Il
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
r CITIBANK (SOUTH DAKOTA) N.A.
cio Olin Nell & Haltrecht
LPO Box 356 West Chester, PA 19381-0356
VS.
DEFENDANT: NAME and ADDRESS
rMARK A. FORNEY
60 Big Spring Avenue
LNeWville, PA 17241
Docket.o.:
Date Filed:
TO THE DEFENDANT:
The above named plaintiff(s) asks judgment against you for $4,656.60 together with
costa upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
For past due balance for goods and merchandise purchased and/or cash
advances by defendant on a credit card issued by Plaintiff plus attorneys
fees per terms and conditions of account.
$3,725.28 Principal
$.00 Interest
$931.32 Attorneys Fees
$.00 Credit
$4,656.60 Balance
I, Burton Nell, Esclu re, Atty for Plaintiff, verify that the facta set forth in this compl~l~t~rue and
correct to the best of my knowledge, information and belief. This statement js~fiade subje, et t~ the penalties of
Section 4904 of the Crimes Code (18 PA. C. S. § 4904) related to unsworn f~lsification to,~t~l~rities. //~
..... ~ gn~rre of Plaintiff or Authorized Agent)
Plaintiff's
Attorney:. Burton Nell Address: PO Box 356
Telephone: 6t0-696-3030 West Chester, PA 19381-0356
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE
TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
if you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing, if you have a claim against the plaintiff which is not within district justice
jurisdiction, you may request information from this office as to the procedures you may follow. If you
are disabled and require assistance, please contact the Magisterial District office at the address
above. ,,'
AOPC 308A-98
· OLIN,.NEIL & HALTRECHT
By Burton Neil, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-3030
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA) N.A.
701 E. 60~ Street N
Sioux Falls, SD 57117
Plaintiff
VS.
MARK A. FORNEY
60 Big Spring Avenue
Newville, PA 17241
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
o,-
: CIVIL ACTION - LAW
Certification of Address and
Affidavit of Non-Military
Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section
4904 relating to unswom falsification to authorities, I verify that:
1. The above are the precise last-known addresses of the judgment creditor and debtor.
2. The said defendant is not in the Military Service of the United States or its Allies or
otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over
18 years of age and has a civilian occupation.
OL~,~N L & HALTRECHT
Burton Ne~, Es~tfire
Attorney for Plaintiff
In making this communication, we advise that our finn is a debt collector.
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
Pa.R.C.P. § 3103 to 3149
CITIBANK (SOUTH DAKOTA) N.A.
Plaintiff
VS.
MARK A. FORNEY
Defendant(s)
F&M TRUST
Garnishee(s)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5057
: CWIL ACTION - LAW
To the Prothonotary:
1.
2.
3.
4.
ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER
Directed to the Sheriff of Cumberland County, Pennsylvania
against MARK A. FORNEY , Defendant(s)
and against F&M TRUST , Garnishee(s)
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) as
follows: (specifically describe property)
NO LEVY-GARNISHMENT ONLY
Serve interrogatories on garnishee at: 1901 Ritner Highway, Carlisle, Pa
5. Amount Due $4,757.10
Credit $ 156.00
Interest from 5/2/01 $ 178.15
Total $4,779.25*
*Plus writ costs
Dated: December 18, 2001
...... Burton Neil, Esquire
Attomey for Plaintiff
NOTE: Under paragraph I when the writ is directed to sheriffofanother countyas authorized by Rule 3103(b), the county
should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count
in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as
authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule
3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis
pendens is desired. See Rule 3104(c).
The firm of Olin Nell & Haltrecht is attempting to collect a debt.
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-05057 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CITIB~kNK
VS
FORNEY MARK A
And now DOUGLAS DONSEN
Cumberland County of Pennsylvania,
to law, at 0010:15 Hours, on the
as herein commanded all goods, chattels,
moneys of the within named DEFENDkNT
FORNEY MARK A
,Sheriff or Deputy Sheriff of
who being duly sworn according
2nd day of January , 2002, attached
rights, debts, credits, and
, in the
hands, possession, or control of the within named Garnishee
F & M TRUST 1901 RITNER HIGHWAY
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
DIAixrNA STOUFFER (HEAD TELLER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within JUDGMENT - DJ and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and subscribed to before me
this '7~ day of ~
A.D.
45zWot~honotary t , ,
So answ s · .
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
~eputy Sheriff
BURTON NEIL & ASSOCIATES, P.C.
By: Burton Neil, Esquire
'Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA) N.A.
Plaintiff
VS.
MARK A. FORNEY
Defendant
and
F&M Trust
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5057
: CIVIL ACTION - LAW
Praecipe to Dissolve Attachment
To the Prothonotary:
Dissolve the attachment against F&M Trust, garnishee.
BURT~oc~.C.
BY: ~0
Burton Neil, Esquire
Attorney for Plaintiff
In making this communication, we advise that our firm is a debt collector.
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 1./43
Advertising ~
Law Library .50
Prothonotary 1.00
Mileage 3.25
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
73.18
Advance Costs: 150.00
Sheriff's Costs: 73,18
Refunded to Atty on 7/3/02
Sworn and Subscribed to before me
this ff~_~__ day of ~v~b
2002 A.D. ~~ ~
So Answers;
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or A'rFACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cumberland
To satisfy Ihe debt, interest and costs due
NO.
COUNTY:
Citibank (South Dakota) N.A.
from Mark A. Forney, 60 Bi9 Spring Avenue, Newville, PA 17241
CIVIL
CIVIL ACTION - LAW
PLAINTIFF(S)
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and fo sell
(2)
You are also directed to attach the property of the defendant(s) not levied upon in the possession of
F&M Tr~st - Serve interroqatories on .qarnishee at: 1901 Ritner Highway,
Carlisle, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 lo attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/her t hat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $4,757.10 L.L. $. 50
Interest frc~ 5/2/01 $178.15 Due Prothy $1.00
Atty's Corem % Other Costs
Atty Paid $32.23
Plaintiff Paid
Date: December 21, 1001 Curtis R. Long
REQUESTING PARTY:
Name Bg~ton Neil, Esq.
Address: __ 26 South Chu~_ch Street P.O.Box 356
West Chester, PA 19381-0356
Attorney for: Plaintiff
Telephone: 610-696-3030
Supreme Cou~ ID No. 11348
Prothonotary, Civil Division
(' Deputy