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Home My WebLink About07-04782031169 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. 41 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 ASSESSMENT OF Capital One Bank 6851 Jericho Turnpike, St Richmond, VA 85293 VS. LEONARD MASSARE 245 CREEKVIEW RD NEWVILLE PA 17241-8611 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 01- Jil? 01 V tli4j-113 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(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) 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 (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $1,559.09. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,559.09 but the defendant(s)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 6/1/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,559.09 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE PAUL M. SCHO , JR., ESQUIRE Attorney for Plaintiff P01A I VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. WEINBERG, SQUIRE 4 EXHIBIT "A" I Capital One Bank 2031169 LEONARD MASSARE 4121741782340587 AFFI--.DAVIT I, SARA RUBIN, 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. Plaintiffs 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 4121741782340587in the amount of $1,525.03; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true anJS t to the s of my kno,uledge, information and belief. IN ed Sworn to a d Sub tday befor e t is of 2006 Notary Public KARLgERNANDEZ NftryPubnc; 'rarE 1tf4GWYerk Nu 1, 4EW95733 Qua . IMW Tn iunolk County CamR1lsmon fifes MY 21, 2007 Q " O b ? J? c?,) T' SHERIFF'S RETURN - REGULAR CASE NO: 2007-00478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MASSARE LEONARD WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MASSARE LEONARD the DEFENDANT , at 1242:00 HOURS, on the 5th day of February , 2007 at 245 CREEKVIEW ROAD NEWVILLE, PA 17241 LEONARD MASSARE 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: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 ti Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/06/2007 GORDON & WEINBERG By. Deputy Sheriff A. D. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 T 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. : 07-478 LEONARD MASSARE PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, LEONARD MASSARE, and assesses the damages as er statement below. FREDERIC I. WEIN ER ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Principal $1,525.03 Interest from 9/29/06 @14.306 $98.58 Costs (Complaint & Service) $94.06 Total: $1,717.67 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) da s prior to the date of the filing of this Praecipe. FREDERIC I. WEI E , ESQUIRE PAUL M. SCHOFIEL , JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: / AND NOW, this k' day of 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $1,717.67 as per the above certification. Prot onotary R GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JF Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Capital One Bank Vs. LEONARD MASSARE ESQUIRE 41360 ESQUIRE 81894 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-478 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, LEONARD MASSARE, 245 CREEKVIEW RD, NEWVILLE PA 17241-8611. GORDON & WEINBERG, P.C. BY: FREDERIC,I. W BERG, ESQUIRE PAUL M. S IELD, JR.,ESQUIRE Attorney for Plaintiff 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. : 07-478 LEONARD MASSARE 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, 245 CREEKVIEW RD, NEWVILLE PA 17241-8611; 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 Subscribed Before me this /L? " Day o 7 Notary Public COMMONWEALTH_ OF PENNSYLVANIA NOTARIAL, SEAL CHRISTINE, M. COLON, Notary pubic City of Philadelphia, Phila. Cpunty FREDERIC I. WEINB G, ESQUIRE PAUL M. SCHO D, JR. ESQUIRE Attorney for Plaintiff 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 2031169 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 07-478 LEONARD MASSARE NOTICE OF INTENTION TO TARE DEFAULT TO/PARA LEONARD MASSARE 245 CREEKVIEW RD NEWVILLE PA 17241-8611 DATE OF NOTICE/FECHA DEL AVISO: February 27, 2007 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. W INBER ESQUIRE PAUL M. SCH0 IELD JR., ESQUIRE P10D-2 w J -owl 4 -4 -XI ^? 5 7 l ~Y'? .+Ef s i ? Ci ? 4 ti 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 2031169 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 07-478 LEONARD MASSARE 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 $1,717.67. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. ERG, ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff Dated: March 13, 2007 r ? 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. LEONARD MASSARE 245 CREEKVIEW RD NEWVILLE PA 17241-8611 and Wachovia Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE ONL-I COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-478 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 LEONARD 14ASSARE defendant(s)and (2) against Wachovia Bank garnishee(s) (3) AMOUNT DUE $1,717.67 INTEREST from March 28, 2007 $132.66 COSTS Prothonotary fee Sheriff fee 1-0 FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff oohs ? ? s ? ? ? z P ; _3 % " V C;l J 94 Co . r 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. LEONARD MASSARE 245 CREEKVIEW RD NEWVILLE PA 17241-8611 and Wachovia Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-478 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. LEONARD MASSARE 245 CREEKVIEW RD NEWVILLE PA 17241-8611 and Wachovia Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-478 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 [ ] (i) set aside in kind (specify property to be set aside in kind) : [ ] (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) (b) Social Security benefits on deposit in the amount of $ ?- i (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: (include address and telephone) 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: 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-478 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From LEONARD MASSARE, 245 Crreekview Rd, Newville PA 17241-8611 (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: WACHOVIA BANK, 604 E. High Street, 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 $1,717.67 L.L. $.50 Interest from 3/28/07 - $132.66 Atty's Comm % Atty Paid $135.06 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 7/28/08 (Seal) 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 is R. Lon no ary By: Deputy SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. LEONARD MASSARE and : NO. 07-478 WACHOVIA BANK, N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. JON Attorne or Vaiishee Date: t""3 r,,z ?? t"-p `^-# ?'"" ? r^' ?w ?? .? ? ? .zy _ ?,J; 3-' :',?' c'. .,?. SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-00478 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MASSARE LEONARD And now RONALD E. HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:36 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 MASSARE LEONARD hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E. HIGH ST in the 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 WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So answers: .00 J .00 ?J .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 .00 08/07/2008 day of By Deputy Sheriff A.D f SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. LEONARD MASSARE and NO. 07-478 WACHOVIA BANK, N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: CAPITAL ONE BANK, Plaintiff I. No. 2. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Leonard Massare II, Marie M. West with a zero balance. This account has been restricted pursuant to this Writ. Garnishee is unable to determine from its records whether Leonard Massare II, Marie M. West is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 3.- 6. No. 7. (Q) 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? (A) No. 8. (Q) 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 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? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Leonard Massare II, Marie M. West contained the sum of $25.00, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Leonard Massare II, Marie M. West is titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to determine from its records as to the appropriate designation of the account. If the parties to the instrument are husband and wife, then such asset is an entireties asset and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an appropriate Order o against such assets by Plaintiff in whole or hearing and determination by the appropriate Date: ;rmit execution ,tion pending a ?i_C=y i_egal Order Processing 04 Independence Mall'East 11`" Floor - PA4418 Philadelphia, PA 19106 ? NZ ? VERIFICATION John ODonnell, being duly sworn according to law, deposes and says that he is the Writ of Execution Administrator of Wachovia National Bank, Garnishee herein, and verifies that the statements made in the foregoing Answers -to Interrogatories are true and correct to the best of his knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. ,rXyi (2 ohn O'Donnell Manager 11 Dated: °2 CJ +v n 7 C 'u 1 vi rl - J, - r - crrn ?.' d CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. LEONARD MASSARE NO. 07-478 and WACHOVIA BANK, N.A., GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, National Association, discontinued, upon payment of your costs only. FREDERI I. INBERG Attorney aintiff c? Qi cr, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, WRIT IS EXPIRED. Sheriff s Costs: Advance Costs: 150.00 Sheriff's Costs: 87.09 Docketing 18.00 62.91 Poundage 1.71 Law Library .50 Prothonotary 2.00 Refunded to attorney 05-20-09 Mileage 5.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Postage .88 ? S ?? -0I6 9 TOTAL 87.09 So Answers; R. Thomas Kline, Sheriff B c° -i ^, r", j rn 0-0 Cb, 'J `+ Ck G c aC? l L 0 ?, a a s'?a2r c? s WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-478 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From LEONARD MASSARE, 245 Crreekview Rd, Newville PA 17241-8611 (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: WACHOVIA BANK, 604 E. High Street, 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 $1,717.67 Interest from 3/28/07 - $132.66 Atty's Comm % Atty Paid $135.06 Plaintiff Paid Date: 7/28/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 0 Curd's--R . Long, 2AAZAR-ky By: 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 Deputy Supreme Court ID No. 41360