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Home My WebLink About07-0680IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK A ? Plaintiff No: 67 ^ tod l.. LUC? ?. VS. COMPLAINT IN CIVIL ACTION JASON EISENBERG AKA JASON J EISENBERG Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05484235 C N Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JASON EISENBERG AKA JASON J EISENBERG Defendant COMPLAINT AND NOTICE TO DEFEND 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 an 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 judgment 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. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: JASON EISENBERG 5 KENWOOD AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4121742124958680 4. Defendant made use of said credit card and has a current balance due of $2305.11 , as of December 05, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from December 05, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , JASON EISENBERG , INDIVIDUALLY , in the amount of $2305.11 with continuing interest thereon at the rate of 25.90016 per annum from December 05, 2006 plus costs. James armbrodt,42524 WELT , W INBERG & REIS CO., L.P.A. 436 S vent Avenue, Suite 2718 Pitt burg , PA 15219 (412 434 7955 FAX 412 338-7130 05 423 C N Pit CXC This law firm is a debt collector att4npt,?ng to collect this debt for our client and any information obtain d?will be used for that purpose. " Law Offices of Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 December 05, 2006 RE: CAPITAL ONE BANK vs. JASON EISENBERG COURT #: TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE SERVE THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): JASON EISENBERG 5 KENWOOD AVE CARLISLE, PA 17013 Please confirm service by sending notice to: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05484235 C N Pit CXC 027 With Capital One' online account servicing, getting account information and Access your making payments is easy. Check out just a few of the things you can do: --) Pay your bill online account online... -4 Check your balance and available credit --; View your statement Plus, take advantage of other special offers developed especially for you! Register today at www.capitalone.com. CapiialCW wt scs 1n ya,r -g.t7T see relaerse for detaits )P- 027-0402 wed /CW VISA ACCOUNT 4121-7421.2495-8680 Account Summary PreviousBalance $1,507.52 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $33.52 New Balance $1,576.14 Minimum Amount Due $1,576.04 Payment Due Date March 19, 2005 Total Credit Line $1,000 Total AvailableCredit $.00 Credit Line for Cash $1,000 AvailableCredit for Cash $.00 At your service TocaliCustomeRelationertorq"t iostorstolereard: 1-800-798-0363 Forfrc=dinmccmmtervicandspeciakwtomeollerslogon to: www.capitalone.com Sendpaymentto: Sendinquirfelo: Atm: Rernittara:Processing CapitalOneServices CapitidOmservices P.O.BoA5147 P.O.BoX85015 RichmondyA23276 Richmon&/A23285-5015 EXHIBIT Finance Charges Pleaseseceversaideforimportantinformation Balancete Periodic C ng FINANCE 0 applietb rate CHARGE PURCHASES $1,523.67 .07096% 25.906/6 $33.52 CASH S.00 .07096% 25.90% $.00 ANNUAL PERCENTAGE RATE applied this period 25.90% ? PLEASE RETURN PORTION BELOW WITH PAYMENT C--wha,ow• 0000000 0 4121742124958680 19 1576040074861576044 Plewprintmaltinpddresvtd/oe-maikhangdelotusing)lumrblxfink. New Balance $1,576.04 Minimum Amount Due $1,576.04 Strect Apt# Payment Due Dale March 19, 2005 Ctry State ZIP Total enclosed $ limnyhone - Alterradane Account Number: 4121-7421-2495-8680 Eiims #9005116959374679# MAIL ID NUMBER Capital One Bank = JASON EISENBERG P.O. Box 85147 ltiulliurlntllniri 5 KENWOOD AVE Richmond, VA 23276 CARLISLE PA 17013-3124 iulrluiiuri,llurlrllullmllurllunnllrlulluillnlrl °. ? IAN 20 - FEB 19, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 19 FEB PAST DUE FEE $35.00 Youwere Meweda past due fee of $35.00 on 02119/2005 becauseyotuminimum payment wasnot receivedby the due date of 02/19/2005. To avoid this fee in the future, we recommend that you allow at least 7 businessdays for yourpayment to reach Capital One. Pleasewriteyouraccounhumbefonyourchmiormone}ordennadgmyabletoCapital OmBankand mail in theencloseinvelope. Send us your a-mail address so we can better serve you. Even if you've already sent us your e-mail address, please fill out the form and return it with your payment. We want to make sure our records are up to date. % i E-mail address:????????C,???????????????????????? Ptetse print deadym black orblue lnk your address sWid include an "@"sign and cannot cantpin arty blonkspeces. A". wshould have irs own space. Name: Account i Your privacy is protected at Capital One. You can feel secure knowing your e-mail address will never be sold or distributed without your consent. For more information about our privacy policy, please visit http:(?www.wpitabne.comiparentl epi/privacy.shtmi. 02002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. g o N N I O obi VERIFICATION CAPITAL ONE BANK vs ESENBERG, JASON The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. C -- ,MAISHA DAVIS Ifty ? -me -8111;1,10 ?r.?1 ?"?l? a?f10Y 4121742124958680 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. n `Q. c"7 4 -,, -, r -,I 77-A 77 ^? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON EISENBERG AKA JASON J EISENBERG Defendant No. 07-680 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 Judgment Amount $ 2476.86 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-680 CIVIL TERM JASON EISENBERG AKA JASON J EISENBERG Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JASON EISENBERG AKA JASON J EISENBERG above named, in the default of an Answer, in the amount of $2476.86 computed as follows: Amount claimed in Complaint $2305.1.1 Interest from DECEMBER 5, 2006 to MARCH 20, 2007 at the legal interest rate of 25.9% per annum $171.75 TOTAL $2476.86 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: '' WILLIAM T. MOLC AN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5 KENWOOD AVE CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff JASON EISENBERG Defendant(s) IMPORTANT NOTICE TO: JASON EISENBERG 5 KENWOOD AVE CARLISLE,PA 17013 Date of Notice: ?n 04 WWR#: 05484235 r Case #0-4 "(D O CIU? (., ?(Y1? I YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY :?TAIY'?c???0 4 Wo?QfYwDr? PATRICK THOMAS WOODMAN PA I.D. ##34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JASON EISENBERG AKA JASON J EISENBERG Defendant Case no: 07-680 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter, Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the aunt's belief that the Defendant, JASON EISENBERG AKA JASON J EISENBERG is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JASON EISENBERG AKA JASON J EISENBERG is not in the military service. Further Affiant sayeth naught. ki /jZ4/V4 AFFIANT SW O AN SUBSC BE in my presence this T day of j,3F PE al Sea NNSYLVANIA COMMONWEALTH NOTARY UB - Wendy L, Gault, P,c,tary Public ti ' City o(Pirsburgt a ts J hen uly Y 5? 2010 M Cpmmissior, ire E?_ lY Member, Asseciatirr, of Notaries , IvaaiG Pear"Y This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-20-2007 09:23:09 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency EISENBERG JASON Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Aot 'rq. 404--A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fN/,pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/20/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: CBMZMGQRKIV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/20/2007 N r n x ? ? fl tU IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-680 CIVIL TERM JASON EISENBERG AKA JASON J EISENBERG Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on_ z(.t 1.00 71 - (xx) Assumpsit Judgment in the amount of $2476.86 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) if not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: e = -4 PR HONOT JASON EISENBERG 5 KENWOOD AVE CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS EISENBERG JASON KAK JASON J EI MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EISENBERG JASON AKA JASON J EISENBERG the DEFENDANT , at 0945:00 HOURS, on the 7th day of February , 2007 at 5 KENWOOD AVENUE CARLISLE, PA 17013 by handing to JASON EISENBERG 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 y Service 4.40 %%-%?C Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 02/08/2007 a?pdl WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JASON EISENBERG Defendant No. 07-680 CIVIL TERM PRAECII'E FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) MEMBERS FIRST FEDERAL CREDIT UNION, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 ?' ' '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON EISENBERG Defendant MEMBERS FIRST FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: Civil Action No. 07-680 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JASON ESIENBERG, 124 WOODS DR LOT 15, MECHANICSBURG, PA 17050, Defendant 3. against MEMBERS FIRST FEDERAL CREDIT UNION, 105 W King St 4. Shippensburg, PA 17257, Garnishee 4. Judgment Amount $ 2476.86 Interest $ 205.22 Costs $ SUBTOTAL: $ 2682.08 Costs (to be added by Prothonotary): $ PLEASE LEVY ON ALL OF DEFENDANT'S PROPERTY WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 O Q O O? 4 ? ?"' 3 Co -v rr+ Ot IV a CD op 0 ..-? -4D S' ^a co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JASON ESENBERG, 124 Woods Drive Lot 15, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any of defendant's property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FEDERAL CREDIT UNION, 105 W. King St., Shippensburg, PA 17257 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 $2,476.86 Interest -- $205.22 Atty's Comm % Atty Paid $128.90 Plaintiff Paid Date: 8/18/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, Pro By: REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Deputy Supreme Court ID No. 47437 WWR#05484235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JASON EISENBERG Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee I, No. 07-680 CIVIL TERM INTERROGATORIES IN ATTACHMENT MEMBERS FIRST FEDERAL CREDIT UNION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON EISENBERG Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee Civil Action No.: 07-680 CIVIL TERM TO: MEMBERS FIRST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-4916 105 W King St Shippensburg, PA 17257 RE: JASON EISENBERG 124 WOODS DR LOT 15 MECHANICSBURG, PA 17050 IMPORTANT NOTICES TO GARNISHEE! A. 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. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES V4 ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? ,12r-> la. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 1114q 2. At the time you were served or at any subsequent time was there in your 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. 0C, 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 part by the defendant or in which defendant held or claimed any interest? t1p 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 0b 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? Y1 O 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 recurring basis. l10 8. 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? If so, identify each account. ,? --5 300 8 6 WELTMAN, WEINBERG & REIS CO., L.P.A. By: !??,? e William T. Molcaan, E;*4 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05484235 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is J! ?, zn n Q u I n g (Name) I2p/ct?tc4Ar- SPec.iJIS4 of Yn---,,,,.bnf5 14 Fcy , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?A-P- - J (SIGNATURE) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK Plaintiff vs. JASON EISENBERG Defendant MEMBERS FIRST FEDERAL CREDIT UNION Garnishee WRIT OF EXECUTION NOTICE No. 07-680 CIVIL TERM 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. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below 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) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TELEPHONE NO.: (717) 249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms & equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages & unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran & armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. 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 statutory $300.00 exemption be: (_) (1) set aside in kind (specify property, to be set aside in kind: (_J (2) 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 $ (c) Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: 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. § 4904 relating to unswom falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County One Courthouse Square, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (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. i ? k, F Yµ tp k, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 07-680 CIVIL TERM vs. JASON EISENBERG Defendant MEMBERS FIRST FEDERAL CREDIT UNION PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE MEMBERS FIRST FEDERAL CREDIT UNION ONLY Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WSENBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#05484235 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON EISENBERG Defendant MEMBERS FIRST FEDERAL CREDIT UNION Garnishee Civil Action No. 07-680 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE' - MEMBERS FIRST FEDERAL CREDIT UNION ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, MEMBERS FIRST FEDERAL CREDIT UNION, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 Sworn to and subscribed WWR#05484235 Before me the Day of SEPT, 2008 C?MMg N BLIC J Notodw C ca 7 t ? '^ 1 r r c >a 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: Advance Costs: 150.00 Sheriffs Costs: 105.38 Docketing 18.00 44.62 Poundage 2.38 Law Library .50 Refunded on 09/23/09 Prothonotary 2.00 Mileage 13.50 Surcharge 40.00 Levy 20.00 Postage Garnishee 9.00 So Answers, $ 105.38 ?9/amlo9 op 0-1-0, KinejoR. Th as he By aron R. Lantz rv C7 ? t' -0 '" -n 42 j rn LU .......:... ::. ,cam 02 ?? L L Cam, 7s 30 1 c- n Q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JASON EISENBERG,124 Woods Drive Lot 15, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell any of defendant's property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FEDERAL CREDIT UNION, 105 W. King St., Shippensburg, PA 17257 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 $2,476.86 Interest -- $205.22 Atty's Comm % Atty Paid $128.90 Plaintiff Paid Date: 8/18/08 L.L. $.50 Due Prothy $2.00 Other Costs 44?.i C is R. Lon tofa- (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 By: Deputy Supreme Court ID No. 47437 WELTMAN, WEINBERG & REIS CO BY S ., L.P.A. ° 4 +o11 Or T : arah E. Ehasz, Esquire Attorney for Plaintiff(s) A. I.D. No.86469 - 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 ' Fax: 412.434.7959 File # 5484235 CAPITAL ONE BANK Plaintiff CUMBERLAND County Court of Common Pleas VS. NO. 07-680 CIVIL TERM JASON EISENBERG Defendant(s) PRAECII'E FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS By /-j J & Sarah E. Ehasz, Esqu Attorney for Plaintiff L.P.A. at}$4.'SOP d ak? L? 1bs73sog p#a7,1u