HomeMy WebLinkAbout07-2162
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: Q
VS.
COMPLAINT IN CIVIL ACTION
JO A RAYFORD
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
05758346 C A Pit WLG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
JO A RAYFORD
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, is a corporation with offices at 6500 NEW ALBANY ROAD
NEW ALBANY , OH 43054 .
2. Defendant is adult individual(s) residing at the address listed
below:
JO A RAYFORD
110 HOLLENBAUGH RD
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 6011002007527450 . 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 March 28, 2007 , in the amount of
$15310.79 .
5. Defendant is in default by failing to make payments when due.
6. Plaintiff avers that the Agreement between the parties provides
that Defendant will pay Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $1500.00
8. 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 , JO A RAYFORD INDIVIDUALLY , in the amount of
$15310.79 with interest at the legal rate of 6.000% per annum from
date of judgment plus attorneys' fees of $1500.00 , and costs.
James
WELTM
436
Pitt
(41
FAX
057 8
This law firm is a debt collector att
our client and any information obtain
Warmbrodt,42524
WEINBERG & REIS CO., L.P.A.
? th Avenue, Suite 2718
, PA 15219
-7955
338-7130
C A Pit WLG
,Lng to collect this debt for
ill 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
March 28, 2007
RE: DISCOVER BANK vs. JO A RAYFORD
COURT #:
TO THE SHERIFF OF CUMBERLAND COUNTY:
PLEASE SERVE THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES):
JO A RAYFORD
110 HOLLENBAUGH RD
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
05758346 C A Pit WLG
DISCOVER
CARD
16 SDSN6A01 0009786
JO RAYFORD
PO BOX 270
BOILING SPRGS PA
Address, e-mail or telephone changeli Print change in space
above, or go to Discovercard.com. Print your e-mail address to
receive important Account information and special offers.
0000060110020075274501533579000000D1533579
Discover Platinum Card Account Summary
Closing Date: December 15, 2006 page 1 of 1
Account Number 6011 0020 0752 7450 Previous Balance $15,335.79
Payment Due Date January 14, 2007 Payments And Credits - 0.00
Minimum Payment Due $15,335.79 Purchases + 0.00
Credit limit $12,500.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance $15,335.79
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashbodc Bonus Balance $ 0.00
-Cashback BornusS Anniversary - - - - -- - - - - Avnilable to. Redeem . $ 0.00
Date: March 15
How Can We Help You? For Account Inquiries, write to us at.,
Discover Platinum Card, PO Box 30943
Please have your Discover Card avaiabk. Salt Lake City, UT 84130
Manage your account online at Discovercard.corn TDD (Telecommunications Device for the Deno:
Custorner Service: 1-800-DISCOVER (1-800-347-2683) For assistance, we reverse side.
Transactions $O Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
While we are permitted under the Cordmember Agreement to increase the APRs on your Account because your payment
was kite, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchases and any special balance hnnsfer rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section ?i reement for
details. srer
Finance Charge Summary .
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Bakmces Rates RATES RATES CHARGES CHARGES
current billing period: 30 days
Purchases s0 0.07463% 27.24% V 27.24% $0 none
Cash Advances $0 0.07463% 27.24% V 27.24% s0 $0
New Balance Minimum Payment Duel
$15,335.79 $15,335.79
Payment Due Date
January 14, 2007
17007-0270
Account Number 6011 0020 0752 7450
Enter Amount Enclosed Below
Please make check payable to Discover Platinum
Card. Minimum payment due includes a past due
amount of $3,995.00.
Consolidate bills quickly and securely
with a Balance Transfer to your Discover
Card - Call1-877-353-0989 or visit
Discovercard.com/balancetransfer TODAYI
PO BOX 15251 IILrrlLrrrrrllrlJrrlrrll
WILMINGTON DE 19886-5251
LrrIIIrLrIrrLlrrlrrllrrrLlrrrlrlJrlrrrrlLlrl?rrrllLLrl
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 # 5758346
JO A RAYFORD
6011002007527450
V
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02162 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
RAYFORD JO A
JESSICA HERMANSEN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RAYFORD JO A the
DEFENDANT at 1150:00 HOURS, on the 2nd day of May 2007
at 110 HOLLENBAUGH ROAD
CARLISLE, PA 17013 by handing to
DONNA STINE, LANDLORD ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Affidavit .00
Surcharge 10.00
.00
5/zvfd7 32.80
Sworn and Subscibed to
before me this day
of ,
So Answers:
r
R. Thomas Kline
05/03/2007
WELTMAN WEINBERG REIS
By. A?a4pmwn
U Deput e if
A.D.
400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
JO A RAYFORD
Defendant
No. 07-2162-CIVIL
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#05758346
Judgment Amount $ 16810.79
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.
JO A RAYFORD
Defendant
TO THE PROTHONOTARY:
Civil Action No. 07-2162-CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, JO A RAYFORD above named, in the default of an Answer,
in the amount of $16810.79 computed as follows:
Amount claimed in Complaint $15310.79
Interest from date of judgment
at the legal interest rate of 6% per annum
Attorney's fees $1500.00
TOTAL $16810.79
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' -VvIt
WILLIAM T. MOLCZ , 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#05758346
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 110 HOLLENBAUGH RD CARLISLE,PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
JO A RAYFORD
Defendant
Civil Action No. 07-2162-CIVIL
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 l DO',
(xx) Assumpsit Judgment in the amount
of $16810.79 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:
NOTARY ("R-Bff MT) t?
FV&
PR
JO A RAYFORD
110 HOLLENBAUGH RD
CARLISLE,PA 17013
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
JO A RAYFORD
Defendant(s)
IMPORTANT NOTICE
TO: JO A RAYFORD
110 HOLLENBAUGH RD
CARLISLE,PA 17013
Date of Notice: - to -D`i
WWR#: 05758346
Case # 67-o ((R-Q- V 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: 74?uc?? l Gd (,UC? ?-
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
DISCOVER BANK
Case no: 07-2162-CIVIL
Plaintiff
VS.
JO A RAYFORD
Defendant
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 affiant's belief that the Defendant, JO A
RAYFORD 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, JO A RAYFORD is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this )'Z day
of Tt.tn? '_ n01,
COMMONWEALTH OF PENNSYLVANIA
Notadal ?1-,i
NO RY PUB C Wayne A. Jones, tJo:zary Public
County
IIX City Of Pittsburgh, A4-9
My Commission Expire June 29, 2090
Member, Pennsylvania Association of NOterles
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
10 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
JUN-11-2007 07:04:04
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
RAYFORD JO A 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.
IA.
)6t In
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: htti)_//www.defenselink mil/faq/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 6/11/2007
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: BQJOZLZXCIG
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/11/2007
-TI
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
JO A RA.YFORD
Defendant
SOVEREIGN BANK,
Garnishee,
No. 07-2162-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
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#5758346
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
JO A RAYFORD 110 HoIlenb"6 PJ
?C"sle PA 0613
Defendant
SOVEREIGN BANK,
Garnishee
TO THE PROTHONOTARY:
Civil Action No. 07-2162-CIVIL
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 JO A RAYFORD, Defendant
3. against SOVEREIGN BANK, Garnishees, 17 W Aj3h C=Aisle PA 17013
4. Judgment Amount $ 16,810.79
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 1,030.75
$ 17,841.54
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Esylbire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
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DISCOVER BANK
Plaintiff
VS.
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
No. 07-2162-CIVIL
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. 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
5300.00 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:
LJ (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. 9 4904 relating to unworn 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.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2162 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From JO A. RAYFORD, 110 Hollenbaugh Rd, Carlisle, PA 17013
(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:
SOVEREIGN BANK, 17 W High St, 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 $16,810.79
Interest -- $1,030.75
Atty's Comm %
Atty Paid $152.30
Plaintiff Paid
Date: 8/05/08
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
/-S/ dttgc? k - "
t4fis R. Long, Prothonotary By:
Deputy
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
Supreme Court ID No. 47437
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-02162 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
RAYFORD JO A
And now JASON VIORAL
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:30 Hours, on the 7th day of August _, 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
RAYFORD JO A in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
HEATHER RUZANSKI (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
true
and made
Sheriff's Costs:
Docketing
Service
: oo
I So answers:
?rM1111i? .a?
Affidavit .00 R. Thomas Kli e
Surcharge .00 Sheriff of Cumberland County
.00
00
08/08/2008
Sworn and Subscribed to -
before me this day of By
epu y Sheriff
A.D
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No.: 07-2162-CIVIL
JO A RAYFORD
Defendant
and
SOVEREIGN BANK
Garnishee
TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-2945
17 West High Street
Carlisle, PA 17013
RE: JO A RAYFORD
110 HOLLENBAUGH RD
CARLISLE, PA 17013
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 IN 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?
No
1 a. 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.
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.
Yes-See Attached
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?
No
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?
No
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?
No
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.
No
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.
No-See Attached
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, E wire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unswom falsifications to authorities, that he/she is Timothy J. Cooney
(Name)
C.O.P. Team Leader of Sovereign Bank
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.
(SIGNATURE)
ANSWERS TO INTERROGATORIES
Account # 2891105729 Balance: $934.85
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
account is $634.85
Account Holder: Joann Rayford
P O Box 270
Boiling Sprgs, PA 17007-0270
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
av ???y
Timothy J. Cooney
C.O.P. Team Leader
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Discover Bank
VS.
Jo A Rayford
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Service by certified mail addressed as follows:
Joann Rayford
P O Box 270
Boiling Sprgs, PA 17007-0270
P) ?
Timothy J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 M133-02-10
2 Morrisey Boulevard
Boston, MA 02125
September 4, 2008
c? ???'t
r
C. ?? .--d
1
-'[;
?' :.C:.
-.. ??
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER. BANK
Plaintiff
vs.
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
No. 07-2162-CIVIL
PRAECIPE FOR JUDGMENT AGAINST
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 Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 07-2162-CIVIL
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly enter Judgment against the Garnishee, SOVEREIGN BANK, in the amount of $634.85, which is
less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers
to Interrogatories.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: Ljalvl?
WILLIAM T. CZAN, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
I hereby certify that the address of the Plaintiff is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219
And that the last known address of the Garnishee is: 17 West High Street, Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 07-2162-CIVIL
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
( ) Defendant
(xx) Garnishee
You are hereby notified that the
following Order or Judg ent was
entered against you on
(xx) Assumpsit Judgment in the amount
of $634.85 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
( ) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
THONOTARY
Sovereign Bank
17 West High Street
Carlisle, Pa 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No.: 07-2162-CIVIL
JO A RAYFORD
Defendant
and
SOVEREIGN BANK
Garnishee
TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-2945
17 West High Street
Carlisle, PA 17013
RE: JO A RAYFORD
110 HOLLENBAUGH RD
CARLISLE, PA 17013
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 IN 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?
No
I a. 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.
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.
Yes-See Attached
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?
No
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?
No
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?
No
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.
No
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.
No-See Attached
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, E uire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unworn falsifications to authorities, that he/she is Timothy J. Cooney
(Name)
C.O.P. Team Leader of Sovereign Bank , 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.
(SIGNATURE)
ANSWERS TO INTERROGATORIES
Account # 2891105729 Balance: $934.85
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
account is $634.85
Account Holder: Joann Rayford
P O Box 270
Boiling Sprgs, PA 17007-0270
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By: _ jj%?j5r
Timothy J. Cooney
C.O.P. Team Leader
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Discover Bank
VS.
Jo A Rayford
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
1 have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman,.Weinberg & Reis Co., L.P.A.
2718 Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Service by certified mail addressed as follows:
Joann Rayford
P O Box 270
Boiling Sprgs, PA 17007-0270
Timothy J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 M133-02-10
2 Morrisey Boulevard
Boston, MA 02125
September 4, 2008
-on
r
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advan e Costs: 150.00
Sheriffs Costs: 93.46
Docketing 18.00 56.54
Poundage 8.96
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 10/02/08
Mileage 5.00
Surcharge 30.00
Levy 20.00
Certified Mail
Post Pone Sale
Garnishee 9.00
Postage
TOTAL $ 93.46 /J'/°'t/4)r So An wers;
R. Th mas Kline, ayZdiaBr
Z O :b d q- gnn 80Q1
a
uZ 4 4 I'1 i
G
v
e
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2162 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From JO A. RAYFORD, 110 Hollenbaugh Rd, Carlisle, PA 17013
(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:
SOVEREIGN BANK, 17 W High St, 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 $16,810.79
L.L. $.50
Interest -- $1,030.75
Atty's Comm %
Atty Paid $152.30
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 8/05/08
(Seal)
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
/-S/ a4? 2,
s . Long, Prothonotary By:
Deputy
Address: WELTMAN, WEINBERG & REIS CO, LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
Supreme Court ID No. 47437
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
No. 07-2162-CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT AS TO THE GARNISHEE
SOVEREIGN BANK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA. I.D.#47437
WELT'MAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5758346
i
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 07-2162-CIVIL
JO A RAYFORD
Defendant
SOVEREIGN BANK
Garnishee
PRAECIPE FOR SATISFACTION OF JUDGMENT
AS TO THE GARNISHEE, SOVEREIGN BANK ONLY
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and
mark the cost paid as to Garnishee, SOVEREIGN BANK, only.
Sworn to and subscribed
Before me the
Day of OCT'C,B R, 200
w,
NO RY PUB
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: w
William T. MoIczan squire
10,
PA. I.D.#47437
WELTMAN, WEINI3ERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(41.2)434-7955
WWR#5758346
COMMONWEALTH OF PENNSYLVANIA
Notarial $eal
Wayne A. Jones, Notary Public
City Of Pittsburgh,, Allegheny County
My Commission Expires June 29, 2010
Member, Pennsylvania Association of Notarles
40-
i
00 Q,
D