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HomeMy WebLinkAbout06-5504s 2029691 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 Capital One Bank P.O. Box 85147 Richmond, VA 85147 vs. RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0(p - S'Soyf G, V i C G, 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 WITHIN 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 ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 2. Defendant 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 received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of an affidavit of indebtedness is attached hereto as Exhibit "A". 4. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $3,062.51. 5. Plaintiff has made demand upon the defendant for payment of the balance due of $3,062.51 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on May 1, 2003. WHEREFORE, plaintiff claims of the defendant the sum of $3,062.51 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB G, ESQUIRE PAUL M. SCH FI , JR., ESQUIRE Attorney for Plaintiff P01A VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff 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. FREDERIC I. WEINB , ESQUIRE Capital One Bank RICHARD T CLEARY 4388642060872853 AFFIDAVIT 2029691 I, SARA RUSIN, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4388642060872853in the amount of $1,778.82; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corr t to the best of my knowledge, information and belief. SARA RUBIN Sworn to and S bed before-me this of I 16// //,/2006 tic NotwyW RL' KER '%DEZ ? Y Public, Steta of Newyork No. OikSaJ95733 Qualified in St tplk County OMMISsion ExpiresJuly2t, 2©C7 uAN G F1,rs- - V ¦ y 4 w ? Y Ca N 0 G:J T V Q 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-5504 RICHARD T CLEARY PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, RICHARD T CLEARY, and assesses the _Ja?s as per statement below. FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Principal $1,778.82 Interest from August 17, 2006 @25.9% $103.50 Total: $1,882.32 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. FAEDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this day of Xno. , 2006 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $1,882.32 as per the above certification. Protho otary f . 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-5504 RICHARD T CLEARY CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Capital One Bank and that the last known address of defendant, RICHARD T CLEARY, 200 HIGH ST APT E, SUMMERDALE PA 17093. GORDON & WEINBERG, P.C. FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff 1 , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE 1 Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-5504 RICHARD T CLEARY 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, 200 HIGH ST APT E, SUMMERDALE PA 17093; 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 Subscri ed Before me this Day o f Notary Public F PE COMMONWEALTH ONNSYLVANIA NOTARIA?SEAL Aubkc CHRISTINE M. COL NI Nom' City of Phdadelpbla, Phos. C,ou18 2009 M Cn FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff I 2029691 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD T CLEARY TO/PARA VS. DOCKET NO. : 06-5504 NOTICE OF INTENTION TO TAKE DEFAULT RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 DATE OF NOTICE/FECHA DEL AVISO: October 25, 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. BY: FREDERIC I. EINBERG, ESQUIRE PAUL M. SCHO JR., ESQUIRE P10D-2 2029691 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 06-5504 RICHARD T CLEARY 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 $1,882.32. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. B FRE ERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff Dated: November 7, 2006 1k I t ILJ D ?D 7.1 Y' 1 Ln Ire { SHERIFF'S RETURN - REGULAR CASE NO: 2006-05504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CLEARY RICHARD T SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLEARY RICHARD T the DEFENDANT , at 1054:00 HOURS, on the 4th day of October , 2006 at 200 HIGH STREET APT E SUMMERDALE, PA 17093 RICHARD CLEARY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.08? 10/06/2006 ri104104 GORDON & WEINBERG Sworn and Subscibed to By: before me this day Deputy eriff of A. D. 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 Capital One Bank P.O. BOX 85147 RICHMOND, VA 23276 VS. RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 and M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE ONLY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-5504 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against RICHARD T CLEARY (2) against M&T Bank defendant(s)and garnishee(s) (3) AMOUNT DUE $1,882.32 INTEREST from November 7, 2006 $190.62 COSTS Prothonotary fee Sheriff fee llv? FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff ' 9a ;F' W p,a ;? ' o t31 O ?s yam" ? ©t3 00 F Z ra co, 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 Capital One Bank P.O. BOX 85147 RICHMOND, VA 23276 VS. RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 and M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-5504 WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have Legal rights to prevent your property from being taken. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached exemption claim form and demand for a prompt hearing; (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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. 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 Capital One Bank P.O. BOX 85147 RICHMOND, VA 23276 VS. RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 and M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-5504 CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above named 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 kind) : [ ] (i) set aside in kind (specify property to be set aside in [ ] (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property) Notice of the hearing should be given to me at: (include address and telephone) I request a prompt Court hearing to determine the exemption. I verify that the statements made in this Claim for Exemption are true and correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption): Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 717/240-6390 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From RICHARD T. CLEARY, 200 High St, Apt E, Summerdale, PA 17093 (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, 1958 Spring Road, 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 $1,882.32 Interest from 11/7/06 - $190.62 Atty's Comm % Atty Paid $133.58 Plaintiff Paid Date: 7/28/08 L.L. $.50 Due Prothy $2.00 Other Costs CZ's R. Long, P ry (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05504 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CLEARY RICHARD T And now RONALD E. HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:52 Hours, on the 6th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CLEARY RICHARD T hands, possession, or control of the within named Garnishee M & T BANK 812 & 1/2 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KATHY ZENGERLY (BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within , in the true NT & NOTICE and made the contents there of known to Her Sheriff's Costs: So answe Docketing .00 ? G4 Service .00 ?j Affidavit .00 8la 00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 08/07/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D 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 Capital One Bank COURT OF COMMON PLEAS P.O. BOX 85147 CUMBERLAND COUNTY RICHMOND, VA 23276 VS. RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 and M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE DOCKET NO. : 06-5504 no Tr.? }????6'Rt Pry fts . a Tim t ?? A?- S;?' 0tv ft INTERROGATORIES IN ATTACHMENT •7 TO: M&T Bank - 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 the defendant for any reason?.- ? d 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in 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. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. ", 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? A-0 160 x '' 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 what was the consideration thereof? )U3 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 his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other-qinancial 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?. If so, identify each,account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. \' ` C` Pre S,t,-,'1 kZ- 8. If you are a bank or other financial institution, at the time you were served or 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? If so, identify each account. `6 9. How much is the value of any property in your possession belonging to the defendant(s)? (?l -? cl 11??/ FREDERIC I. WEINBERG, S RE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff V,7' DATED: JANICE M. GLA M&T BANK C •-(7 1'. t 'Vl D Y L Y E@ ci?g an e l 2029691 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 Capital One Bank P.O. BOX 85147 RICHMOND, VA 23276 VS. RICHARD T CLEARY and M&T Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-5504 PRAECIPE FOR JUDGMENT UPON ADMISSION TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Capital One Bank and against the Garnishee, M&T Bank, in the amount of $784.79, admitted in the Answer to Interrogatories to be in the Garnishee's possession, together with interest and costs. The amount of the judgment of the Plaintiff against the Defendant together with post judgment costs and post judgment interest is $2,436.81. Date: 9AV GORDON & WEINBERG, P.C. BY: FREDERIC I. ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff AZ?,969/ pM&TBaink Legal Document Processing Phone # 716-635-7713 Fax # 716-635-7725 August 29, 2008 Gordin & Weinberg 1001 E Hector St. Ste 220 Conshohocken, PA 19428 RE: Writ of Garnishment on Garnishee Received by Manufacturers and Traders Trust Company Capital One vs Richard T Cleary Case # 06-5504 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, Manufacturers and Traders Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) as of August 29, 2008 cet No. Balance Acct No. Balance 9840766209 $784.79 Title of Account Richard T Cleary dfT yn ?8i??? ? 1040, e70ti, t Un 660 pr O esS,ng ? / eG' If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit @fts identified at any of our branches are listed below. Branch Number- Safe Deposit Box Number None If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.RC.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. 1 Sin ly, 6L -- Jan . Glasgow I.e ument Analyst (716) 635-7713 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 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 Capital One Bank COURT OF COMMON PLEAS P.O. BOX 85147 CUMBERLAND COUNTY RICHMOND, VA 23276 vs. DOCKET NO. : 06-5504 RICHARD T CLEARY 200 HIGH ST APT E SUMMERDALE PA 17093 and M&T Bank 1958 Spring Road Carlisle , PA 17013 GARNISHEE no "M Ts.7,7 ?ctlas?;a or?. 7}?ry' - ? ??y? Q? )o'INTTERROGATORIEN IN ATTACH? TO: N&T 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 the defendant for any reason?- 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in 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. -?\1V 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. 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? Y 5. At any time before or after you were served did the defendarit(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? ?•?? 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 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 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? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a ?.z,, s;"6N , recurring basis. v) c-1 ? r P ' T?1 8. If you are a bank or other financial institution, at the time you were served or 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? If so, identify each account. - Iti 9. How much is the value of any property in your possession belonging to the defendant(s)? <:4 I r*?*- ?/ FREDERIC I. WEINBERG, S RE JOEL M. FL A, ESQUIRE Attorney for Plaintiff DATED: JMICE M. GiA;,:. M&T BANK 91, R,4 0 96 6,, O W 6 Sty b t G -i a --i { ?+ N ?r i f">'f R: 2029691 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-5504 RICHARD T CLEARY and M&T Bank Garnishee 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL FREDERIC I. WEINBERG, ESQUIRE AT 484/351-0500 2029691 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 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 06-5504 RICHARD T CLEARY M&T Bank and Garnishee ORDER TO SATISFY JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgment entered against garnishee M&T Bank in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I. NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P013 C ? -art . LJr J' Thomas Kline, Sheriff, who being duly sworn according to law, states this WVrit is returned ABANDONED, no action taken in six months. t k' Sheriff's Costs: Advance Costs: 150.00 Docketing, 18.00 Poundage 1.71 Advertising Law Library .50 Prothonotary 2.00 Mileage 5.00 Surcharge 30.00 Levy 20.00 Postpone Sale Certified Mail Postage .88 Garnishee 9.00 87.09 v J Cy- ? MJ ?J W? N Sheriff S Costs. 87.09 62.91 Refunded on 05/18/09 c.?y'21 I So Answers, s?,a Io ? 9r~ --?-?- R. eTbomaL Kline, Sherif By Sharon R. Lantz c? L ?S &'b C*' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From RICHARD T. CLEARY, 200 High St, Apt E, Summerdale, PA 17093 (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, 1958 Spring Road, 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 $1,882.32 Interest from 11/7/06 - $190.62 Atty's Comm % Atty Paid $133.58 Plaintiff Paid Date: 7/28/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs s R. Long, Pr By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 6 2029691 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 Capital One Bank VS. RICHARD T CLEARY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-5504 ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered November 7, 2006 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERI I. EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorn y for Plaintiff P005 OF ?a?,Mrnxr 289 JUN -5 PM 12 55