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Home My WebLink About07-1977..• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHERTY Defendant No : Q'' f -- ~ ~l ~7 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff ~wc~~., COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 5e'~renth Avenue, Suite 2718 Pittsburgh,. PA 15219 (412) 434-7955 FAX: 412-338-7130 05758421 C A Pit WLG 4 M ~ IN THE COURT OF COMMON DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHERTY Defendant PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No 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 an a judgment may be entered against you by the court without further otice 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 o her rights important to you. YOU SHOULD TAKE T IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OU 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, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 2. Defendant is adult Ibelow: JAMES FRANC DOUGHERTY 1404 WALNUT ST CAMP HILL, Ph 17011 3. individual(s) residing at the address listed Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002160356200 A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of February 21, 2007 in the amount of $4862.81 ~ 5. Defendant is in de ault by failing to make payments when due. 6. Plaintiff avers th~t the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 8. Although repeatedl requested to do so by Plaintiff, Defendant has willfully failed and/o refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant JAMES FRANC DOUGHERTY ,INDIVIDUALLY in the amount of $4862.81 with interest at the legal rate of 6.OOOo per annum from date of judgment plus attorneys fees of $500.00 and costs. This law firm is a deb collector at our client and any inf rmation obtai ~~ James C 'Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 2718 Pitts ur h, PA 15219 (412 43 -7955 FAX• 41 -338-7130 057 84 C A Pit WLG ~.ng to collect this debt for ill be used for that purpose. c C New Balance Minimum Payment Due D'J '.~~R $4,862.81 j $602.00 CARD ~ Payment Due Date February 1, 2007 02 SDSN6A01 0009861 JAMES DOUGHERTY 1404 WALNUT ST CAMP HILL PA 17011-3966 Account Number 601 1 0021 6035 6200 Enter A44mount Enclosed Below11 ..J ~' , ~ `(i L.i ~ i Consolidate bills quickly and securely with a Balance Transfer to your Discover Card -Call1-877-353-0989 or visit Discovercard.com/balancetransfer TODAY! PO BOX 15251 ~~~nr~~nr~~nur~i~~u~r~ WILMINGTON DE 19886-5251 Address, email or telephone chonge~ Print change in space I~~~~I~r(~~'r~Ir'r~I~~'I~~~~'~~~~'~'~I''r~„I'~I1I"r,lll,l11I above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 0000060110D216035620004862810000000006020^ Discover Platinum Card Account Summary Closing Date: January 2, 2007 Account Number Payment Due Date Minimum Payment Due Coedit Limit Credit Avaiable Cash Credit Limit Cash Credit Available page 1 of 1 60110021 6035 6200 Previous Balance $4 862.81 February 1, 2007 Payments And Credits , 000 $602.00 Purchases + 0 00 $9.~•~ Cash Advances . + 0 00 $0•~ Balance Transfers . + 0 00 $4,500.00 Finance Charges . + 0 00 $0•~ New Balance . $4,862.81 Cashback Bonus® Opening Cashback Bonus Balance $ 0,00 New Cashback Bonus Eamed + 0.00 Cashback Bonus Balance $ 0 00 Cashback Bonus® Anniversary . Available to Redeem. $ 0.00 Date: July 2 How Can We Help You? For Account Inquiries, write ro us at Please have your Discover Card ava~labb. Discover Platinum Card, PO Box 30943 Salt Lake City UT 84130 Mcurage your account online at Discovercardcom Customer Service: 1-800-0ISCOVER (1-800347 2683 , e ~ ~ DOa~: Fo ~ i n emc n ~ - ) r a ss sta ee eve se de ~°~ ~~~.~~ Finance Charge Summary Nominal Transaction Average gaily ANNUAL ANNUAL Periodic Fee Daily RP~eodic ~~ AGE PERCENTAGE FINANCE FINANCE Balances RATES CHARGES CHARGES current billing period: 31 days VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins , (Name) _ Accounts Manager of Discover Financial Services LLC., plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, 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. .~~ .~ (Signature) WWR # 5758421 JAMES FRANC DOUGHERTY 6011002160356200 lJ ~ ~~ °~ ~^ ~~ N ~1 ~ ,-~- ; ~ ~; ~ ~ fir, ~' ~-- ~ : ; ~- -- c =) _~ ~ ?~ -~, ~~ ~-~- r, t ~,, =. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DOUGHERTY JAMES FRANC MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOUGHERTY JAMES FRANC the DEFENDANT at 1935:00 HOURS, on the 24th day of April 2007 at 1404 WALNUT STREET CAMP HILL, PA 17011 ERIK NOLAN, ROOMMATE by handing to ADULT IN CHARGE 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 15.36 Affidavit .00 Surcharge 10.00 .00 5l a a'a ? ~,,, 4 3. 3 6 Sworn and Subscibed to before me this day So Answers: ,~~"`"~ R. Thomas Kline 04/26/2007 WELTMAN WEINBE EIS eputy Sheriff of A.D. K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHERTY Defendant No. 07-1977-CIV I L 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#05758421 Judgment Amount $ 5362.81 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 DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHERTY Defendant TO THE PROTHONOTARY: Civil Action No. 07-1977-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JAMES FRANC DOUGHERTY above named, in the default of an Answer, in the amount of $5362.81 computed as follows: Amount claimed in Complaint $4862.81 Interest from date of judgment at the legal. interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5362.81 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. MOLCZAN SQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758421 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 1.521.9 And that the last known address of the Defendant is: 1404 WALNUT ST CAMP HILL,PA 17011 ~- C> : c° ~ ~ ~ Z° ° i't ... ° .-~ ` ~ ~ ~ ~ t 1 3 ~ ,~ (may` _ s ~ i';xJ W ~ t-- . - s ~ g, v ~ ~ ~: -~ . $ ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1977-CIVIL JAMES FRANC DOUGHERTY 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 '7 (xx) Assumpsit Judgment in the amount of $5362.81. 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: /s/ l..c.~,~-,acs IC . ~.cxct oau3 PRO NOTARY (OR DEP ) JAMES FRANC DOUGHERTY 1.404 WALNUT ST CAMP HILL,PA 17011 Plaintiffls address is: c/o Wellman, Weinberg & Reis Co., L.P.A., 271.8 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085 ~ t~ t~ ~ -~- #, ~ SZ . oC! ~ i~' ~ -- (~ s- ~- (~1 ~'6~. .G O d r~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff JAMES FRANC DOUGHERTY Defendant(s) IMPORTANT NOTICE TO: JAMES FRANC DOUGHERTY 1404 WALNUT ST CAMP HILL,PA 17011 Date of Notice : ~(~' - ~-lli WWR#: 05758421 Case # b~l- Ig1~-Gt~'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 : ~ a /L~vriv~c..d l.~~ia:~~.. 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 CNIL DIVISION DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHERTY Defendant Case no: 07-1977-CIVIL 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 affianYs belief that the Defendant, JAMES FRANC DOUGHERTY is not in the military service. Affiant further states that this belief is supported by the attached certificate from the .Defense Manpower Data Center (DM:DC), which states that the Defendant, JAMES FRANC DOUGHERTY is not in the military service. Further Affiant sayeth naught. AFFIA T SWORN TO AND SUBSCRIBED in my presence this .5 day of Sure, a00~. N TARP PUBL ;~, ~~,,: ''~~ 4 i :' ~ } This law firm is a debt collector attempting to collect this debt for our client arichtlny information obtained will b2" used for that purpose. 4:. ~{ _ ,:~ -....~ - ` ' -_ -; --~ .. -. ~ , = ` ~, a ~ ~ a~.a Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JCJN-04-2007 06:04:39 Last Name First/Middle Begin Date Active Duty Status Service/Agency DOUGHERTY JAMES 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. rte r~ ,ra.~,_.~.- 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: htt~//www.defenselink.mil/faa/Ris/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/1www.dmdc.osd.millscra/owalscra.prc_Select 6/4/2007 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.•PDJJETJHUS https://www.dmdc.osd.millscra/owa/scra.prc_Select 6/4/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1977-CIVIL JAMES FRANC DOUGHERTY t l t{D? Walnu,? S}i a p,?. P ltiU P FI IZDI l Defendant(s WELLS FARGO BANK, w `L'. w1k s•1 CA Y Vsle t f1R' l -lot`3 Garnishee(s) TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kin,.-,'.1y issue a Writ of Execution in the above matter... I . direcked t-.) the Sheriff of CUMBERLAND County: 2. against JAMES FRANC DOUGHERTY , Defendant M MM cn M r W 3. against WELLS FARGO BANK... Garnishee 4. Judgment Amount $ $5,362.81 Less Payrnents/credits received $ $0.00 Interest $ $1,332.91 Cos,:, $ SUBTOT 4L: $ $6,695.72 Co,. is (to be added by Prothonotary): aMV ok aN,'So fd 0. 1 43.3(P der, -7 F. 50 14. oo " WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?.- William T. Mok.zan. 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 N . 5758_421, ?Ii?A x 'l Ss'&??i 2.OD ?*, so ??- ?x Iv?ay?ao et LL allq IN THE COLRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 07-1977-CIVIL vs. JAMES FP.ANC DOUG!-iERTY Defendant(s) WELLS FARGO 13ANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5758421 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1977 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JAMES FRANC DOUGHERTY, 1404 Walnut Street, Camp Hill, PA 17011 (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: WELLS FARGO BANK, 604 EAST 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 $5,362.81 Interest $1,332.91 Atty's Comm % Atty Paid $162.86 Plaintiff Paid Date: SEPTEMBER 19, 2011 (Seal) REQUES"PING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 L.L. $.50 Due Prothy $2.00 Other Costs D. Bu 1, Prothonotary By: Deputy Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??tr at 11lr?lJp1,4114? ILEb- C r Richard W Stewart Solicitor 2011 SEP 27 AM 9: 2 CUMBERLAND Uot I F' PENNSYLVANIA Discover Bank vs. James Franc Dougherty Case Number 2007-1977 SHERIFF'S RETURN OF SERVICE 09/23/2011 02:21 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank at 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to PETER LLAGUNO, STORE MRG., personally three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on September 26, 2011 to James Franc Dougherty at 1404 Walnut Street, Camp Hill, PA 17011. SO ANSWERS, September 26, 2011 RONINTY R ANDERSON, SHERIFF /z/ /J7 z '- iam Cline, Deputy !c) countySuite Sher}rt. Telec-soft. Inc_ n SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee . ti -. rt'? c I?l????rr 13 P11 2: 'U BERLAI~'D COUNTY PENt4sYLVANIA DISCOVER BANK vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND JAMES FRANC DOUGHERTY : NO. 07-1977 and WELLS FARGO BANK N.A.. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK 1. No. 2. Account titled James F. Dougherty with a balance of $670.06, and an account titled James F. Dougherty with a balance of $50.00. The total sum of $720.06 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $620.06. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached funds. 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 James F. Dougherty contained the sum of $300.00, 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 Dated: t,? ,? Legal Order Processing P. O. Box 7600 11th Floor -Y1372-113 Philadelphla, PA 19106 VERIFICATION Erin Shannon, being .duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wells Fargo Bank, Garnishee herein, and verifies that the statements made I the forgoing Answers to Interrogatories are true and correct to the best of knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.5 Section 4904, relating to sworn falsif ication to authoritie--) Erin Sha Manager Dated: [1)I t 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER DANK Plair,,:ff vs. JAMES FRANC DOUiiLiI;R"I'Y Defendant WELLS FAROO 13 `,NK Garnishee No. (4-7-11"77 PRAECIPE FOR JUDGMENT AGAINST GARNISHEE , , - -l r,.. FILED ON BEHALF OF 77 Plaintiff COUNSEL OF RECORD OF THIS PARTY: '-Matthew 1)- Urban, Esquire PA !.D.#9(;963 Wt-ltman. Wein''Oerg do Reis Co., L.P.A. I; ..,0 Koppers Bldg. =! 36 I- ever th ^.: enue '' ast ?rh, PA 15219 (4' 1434-7955 WWR#5758421 py.oa ?ci- ,q4f e? !6/77YS7 ZEL ---) "?n2c811 L? I`1 THE COURT OF C0'/1MON PLEAS CUN'k3ERLA'-JD COUNTY, PENNSYLVANIA CIVIL DiVISIr)N DISCOVER BANK Plaintiff vs. JAMES FRANC DOUGHER'1'Y Defendant WELLS FARGO BANK Garnishee Civil Action No. 07-1977 PRAECI.PE FOR JUD(,M'-"NT AGAINST GARNISHEE ; ) iii: PRC. HON\ )TARY: `•:indly er*er Judgme;rt ag4if,st the Garnise. WE.,-` " 1"ARGO BANK, in the amount of $620.06, which is less ;han the amount ;.`efen,?at:i oA,;s Lo Plaintiff and which amount Garnishee has admittc-d owing to the Defendant, in answer-, to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. Bv: Matthew D. Urban, Esquire PA I.D.#90963 W:,ltman, 'Veinberg & Reis Co., L.P.A. 1400 Koppers Bldg. ;36 Seventh Avenue Pittsburgh, PA 152119 ,412)434-7955 \ WR u',758421 I hercb'v =:-rtify that Pte address .)t' he Plaintiff is: c/0- Weltrrs-m, Weinberb & °:eis Co., L.P.A., 1400 Koppers Buil&ng, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known a,'dress of the Garnishee is: 604 E HIGH ST CARLISLE, PA 17013 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND JAMES FRANC DOUGHERTY NO. 07-1977 and WELLS FARGO BANK N.A.. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK 1. No. 2. Account titled James F. Dougherty with a balance of $670.06, and an account titled James F. Dougherty with a balance of $50.00. The total sum of $720.06 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account t' g of $100.00 Legal Processing Charge, leaving a balance for execution purposes of C $620.06. n addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached funds. 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? le, 4 2.1 (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 James F. Dougherty contained the sum of $300.00, 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 Dated: o Legal Order Processing P. O. Box 7600 11t:h Floor -Y1372-113 Philadelphia, PA 19106 VERIFICATION Erin Shannon, being.duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wells Fargo Bank, Garnishee herein, and verifies that the statements made I the forgoing Answers to Interrogatories are true and correct to the best of knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.5. Section 4904, relating to sworn falsification to authoritie??7 Erin Sha Manager Dated: Lb rd 1 I IN THE. COI:IRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1977 JAMES FRANC DOUGHERTY Defendant WELLS FARGO BANK Garn i hee NOTICE OF JUDGMENT OR ORDER T(l): i ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against. you o;, - _ _._ (xx) Assumpsit Judgment in the amount of $624.06 plus costs. ( ) Trespass Judgment in the amount of S 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 o. Judgment of Court Order ( ) Non- 'in.!s Confession ( Default ( ) Verdict ( Arbitration Award Prothonotary By: PROTHONOTARY (OR DEPUTY) WELLS FARGO BANK 604 E HIGH !?T CARLISI r:, PA 170 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE I,? l _HF PROTHONOTARY 2311 NOV 17 AM 10: 46 Richard W Stewart Solicitor OFFICE OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. James Franc Dougherty Case Number 2007-1977 SHERIFF'S RETURN OF SERVICE 09/23/2011 02:21 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank at 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to PETER LLAGUNO, STORE MRG., personally three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on September 26, 2011 to James Franc Dougherty at 1404 Walnut Street, Camp Hill, PA 17011. 11/15/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $87.21 SO ANSWERS, November 15, 2011 RON R ANDERSON, SHERIFF 0o rcl - Cc . SZ L(-- ?d- f2i*t1.3. ,? X6-)1-1 3 (c? Coun?ySuite Shenff, Teleosoft Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 5758421 DISCOVER BANK VS. JAMES FRANC DOUGHERTY and WELLS FARGO BANK Garnishee(s) Attorney for Plaintiff(s) C z Cumberland County c„rr-- ) Court of Common Pleas -<7" ;0 ?CD Gx7'T1 Zp yc tv ?n -tM NO. 07-1977-CIVIL -+ W PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), WELLS FARGO BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the P day ^- ember, 201 RY COMMONWEALTH OF PENNSYLVANIA Nodal Seel Wayne A. Jones, Notary PubNc atv or PtWx ge, Akghery cowl M@FFt , O?Ya??g.?ra at? C?? ?va?3a.10 WELTMAN,WEINBERG&REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) I.D.No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File# 5758421 DISCOVER BANK Cumberland County Court of Common Pleas rn VS. -nrn r-n JAMES FRANC DOUGHERTY NO. 07-1977-CIVIL a Co-r; 3:"n 3 -- and zo _ c ! WELLS FARGO BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),WELLS FARGO BANK, only. WELTMAN,WEINBERG&REIS CO.,L.P.A. By William T Molczan,Esqu' Attorney for Plaintiff 44,50 pQ A'1?y SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson LID-OF F IHEPROTHO"No- y S Smith @13 SEP 19 All I'l ief Deputy Richard W Stewart CUM113Ef?LANj) COUNT-1-N, solicitor QPflC&OFT!!E VERIF:: PENNS YLVANIA Discover Bank Case Number vs. James Francis Dougherty 2007-1977 I SHERIFF'S RETURN OF SERVICE 02/15/2013 09:22 AM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank NA, 604 E High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joe Miller, Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on February 20, 2013 to James Franc Dougherty, 1404 Walnut Street, Camp Hill, PA 17011. 09118/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.93 SO ANSWERS, September 18, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 File # 05758421 C A Pit SJS Attorney for Plaintiff(s) DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. JAMES FRANC DOUGHERTY CASE NO. 07 -1977 -CIVIL PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the case and judgment entered against Defendant JAMES FRANC DOUGHERTY as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Mol an Attorney for P aintiff co} soj.SDad (,llg3loor)3