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HomeMy WebLinkAbout07-3780l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KATHRYN CULBERTSON Defendant No : Q'r - 3-Y-Pb (2t U, C? ? COMPLAINT IN CIVIL ACTION 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 05947870 C A Pit WLG I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KATHRYN CULBERTSON 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: KATHRYN CULBERTSON 622 CHARLES ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002307463455 . 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 June 04, 2007 , in the amount of $13700.62 . 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 , KATHRYN CULBERTSON INDIVIDUALLY , in the amount of $13700.62 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys, fees of $1500.00 , and costs. r James C. Warmbrodt,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4-7955 F 2-338-7130 0 947 70 C A Pit WLG This law firm is a debt collector att Y ting to collect this debt for our client and any information obtai d will be used for that purpose. New Balance Minimum Payment Due DISCOVER s13,700.62 $13,700.62 CART Payment Due Date April 14, 2007 15 SDSN6A01 0008036 KATHRYN CULBERTSON ?. 622 CHARLES ST SHIPPENSBURG PA 17257-2120 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Account Number 601 1 0023 0746 3455 Enter Amount Enclosed Below $ 1 Please make check payable to Discover Platinum Card. Minimum pa ent due includes a post due amount of $2,562.00. Reduce clutter and view your statement as soon as it's available. Sign up for Paperless Statements today! Visit Discovercard.com/gopaperless PO BOX 15251 11111111111161111111111 11 11 WILMINGTON DE 19886-5251 000006011002307463455137006200000001370062 Discover Platinum Card Account Summary Closing Date: March 15, 2007 page 1 of 1 Account Number 6011 0023 0746 3455 Previous Balance $13,700.62 Payment Due Date April 14, 2007 Payments And Credits 0.00 Minimum Payment Due $13,700.62 Purchases + 0.00 Credit Limit $11,000.00 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 = $13,700.62 CaShback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashbock-Bonus-Anniversary - - . - - - - - - - -Available to Redeem $ - - - . 0.00 Date: April 15 How Can We Help You? For Account Inquiies, write to us at Discover Platinum have your Discover Card ovnRable. Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovercard.com MD (Telecommunications Device for the DeaA: Customer Service: 1-800-DISCOVER (1-800-347-2683 For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, 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 transfer 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 Account if you fail to pay the minimum payment due by the payment due date. See the Default Rote Plan section of the Cardmember Agreement for .,details. ? I g IT -- A-- Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 28 days Purchases $0 0.06915% 25.24% V 25.24% $0 none Cash Advances $0 0.05751% 20.99% F 20.99% $0 $0 -..-- ..- 1 ell. 1. • ! 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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 # 5947870 KATHRYN CULBERTSON 6011002307463455 rz? o ' _N ? J?J a c-_ Q ? v w N ?G 6 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CULBERTSON KATHRYN GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CULBERTSON KATHRYN the DEFENDANT at 2028:00 HOURS, on the 3rd day of July , 2007 at 622 CHARLES STRRFT SHIPPENSBURG, PA 17257 by handing to CAITLIN CULBERTSON, DAUGHTER 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 Service Affidavit Surcharge 71016 7 ? So Answers: 18.00 19.20 .00 10.00 R. Thomas Kline .00 ? 47.20 07/05/2007 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By: day Depu y She f A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant No. 07-3780-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 Judgment Amount $ 15200.62 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. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, KATHRYN CULBERTSON above named, in the default of an Answer, in the amount of $15200.62 computed as follows: Amount claimed in Complaint $13700.62 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1.500.00 TOTAL $15200.62 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: _ James C, W odt Paid# 425 4 Weltman, einb rg & Reis Co. 2718 K pers ldg 436 S vent Avenue. Pitts urgh A 1.521.9 (41 434 955 W WR#05947870 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 622 CHARLES ST SHIPPENSBURG,PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK 3?-?- I V 11... Plaintiff Case # 1-1 KATHRYN CULBERTSON Defendant(s) IMPORTANT NOTICE TO: KATHRYN CULBERTSON 622 CHARLES ST SHIPPENSBURG, PA 11257 Date of Notice: WWR#: 05947870 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: dnm 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 Plaintiff VS. KATHRYN CULBERTSON Defendant Case no: 07-3780-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. Affant further states that based upon investigation it is the affiant's belief that the Defendant, KATIIRYN CULBERTSON 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, KATHRYN CULBERTSON is not in the military service. Further Affiant sayeth naught. AFF SWORN TO AND SU C IBED in my presence this 14 day 0 0 .? - Ac;'ciVNt"al Sea' NOTARY PUBL 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 AUG-09-2007 09:23:27 '( , Last Name First/Middle Begin Date Active Duty Status Service/Agency CULBERTSON KATHRYN 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. Ah? 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. §§ 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: httD://www.defenselink.mil/faq/pi.s/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scraJowa/scra.prc_Select 8/9/2007 '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: BLGRDBCFCQK https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/9/2007 S L i . IC , , t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON 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 (xx) Assumpsit Judgment in the amount of $15200.62 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: P, L. - PRO WHN60TAAR6Y (OR DEPUTY(j "95 KATHRYN CULBERTSON 622 CHARLES ST SHIPPENSBURG,PA 17257 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`f' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 07-3780-CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION KATHRYN CULBERTSON (BANK ATTACHMENT ONLY) Defendant MANUFACTURERS AND TRADERS TRUST CO, 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST CO, Garnishee Civil Action No. 07-3780-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against KATHRYN CULBERTSON, Defendant 3. against MANUFACTURERS AND TRADERS TRUST CO, Garnishee 4. Judgment Amount $ 15200.62 Interest $ 439.77 Costs $ SUBTOTAL: $ 15640.39 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, 04uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST CO Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: KATHRYN CULBERTSON Defendant(s); (1) You are also directed to attach the property of the defendant not levied upon in the possession of MANUFACTURERS AND TRADERS TRUST CO, as garnishee, 3805 TRINDLE ROAD, CAMP HILL, PA 17011 and to notify the garnishee that: a. An attachment has been issued; b. Except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; c. The attachment shall not include any funds in an account of the defendant with a bank or other financial institution i. In which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or ii. That total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123. (2) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify [him] such other person that he or she has been added as a garnishee and is enjoined as above stated Amount due ..........................................$ 15640.39 Costs to be added .................................. $ Prothonotary Deputy DATED: WWR#05947870 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST CO Garnishee WRIT OF EXECUTION NOTICE No. 07-3780-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: (_) (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 L? in kind (specify property): (b) (c) Social Security benefits on deposit in the amount of $ 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 unsworn 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. 6? ?, J c 0, pr c d C -Ic c_.? > a: s -r7 . CQ ?C - 77 d ? R °Q Y N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From KATHRYN CULBERTSON (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 MANUFACTURERS AND TRADERS TRUST CO, 3805 TRINDLE ROAD, CAMP HILL, PA 17011 GARNISHEE(S) as follows: 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$15200.62 L.L. $.50 Interest $439.77 Atty's Comm % Atty Paid $166.70 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 28, 2008 (Seal) REQUESTING PARTY: Name WILLIAM T MOLZCAN, ESQUIRE S/ Curtis R. Long, Prothonotary By: 4?a Deputy Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 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: 2007-03780 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS CULBERTSON KATHRYN And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:00 Hours, on the 11th day of March , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , CULBERTSON KATHRYN , in the hands, possession, or control of the within named Garnishee MANUFACTURERS & TRADERS TRUST COMPANY 3805 TRINDLE RD CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to KRISTY LEHMAN-MARTSON (BRANCH SALES ASSOCIATE) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 ???1AaAt,'AgrLI Affidavit .00 R. Thomas Kline• Surcharge .00 Sheriff of Cumberland County .00 ? 3?l?+JC1 d„ 00 03/12/2008 Sworn and Subscribed to before me this day of By ??. Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant and No. 07-3780-CI IL TERM SWzvg KO INTERROGATORIES IN ATTACHMENT MANUFACTURERS AND TRADERS TRUST CO MANUFACTURERS AND TRADERS TRUST CO 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. 2718 Koppers Building 435 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KATHRYN CULBERTSON Defendant and MANUFACTURERS AND TRADERS TRUST CO Garnishee Civil Action No.: 07-3780-CIVIL TERM TO: MANUFACTURERS AND TRADERS TRUST CO Suggested Reference No.: XXX-XX-4740 380 TRINDLE ROAD CAMP HILL, PA 17011 RE: KATHRYN CULBERTSON 622 CHARLES STREET SHIPPENSBURG, PA 17257 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? U 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. --% ?. S ?I 1. SZ 401910 ? A c ?t -1(04 07 205 - 19- x'k 1 1L 6k n4?' ry r ?J C C bex4 s.- 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. A 4iay? Qa'/n 3. At the time you were served or at any subsequent time did y or??. property of any nature owned solely or part by the defendant or in which defendant held or craGOt' CU?VjQ,l A % (/,gyp ry or .e$Si (e9d/ea ?9Fe e 4. At the time you were served or at any subsequent time did you hold as fiduciary any prop ?rty in which the defendant had an interest? ?J(J 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? ol- ? 0 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? C) 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. 4 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. 0 WELTMAN, WEINBERG & REIS CO., L.P.A. -JANICE M. GLASGOW MU BANK By: William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 04 17o 8 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 -J 0 (Name) 6 n L -?k) 6 c 4 of garnishee herein, ( itle) (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) JANICE M. G A?W M&T rf' ;;y}? 4 ^J ? ? J r ? ?? a_ r ,, ? L ^' . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant No. 07-3780-CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE MANUFACTURERS AND TRADERS TRUST COMPANY 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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST COMPANY Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MANUFACTURERS AND TRADERS TRUST COMPANY , in the amount of $4261.52, 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. w r WIL(((////LIAM T. CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (41.2)434-7955 WWR#05947870 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1.5219 And that the last known address of the Garnishee is: 3805 TRINDLE ROAD, CAMP HILL, PA 17011 '>04-18-'08 09;19 FROM- 10 M&T Bank April 1, 2008 Weltman, Weinberg & Reis Co. 1400 Koppers Building 436 Seventh Ave Pittsburgh, PA 15219 T-046 P002/009 F-260 Legal Document Processing Phone # 716-635-7713 Fax # 716-635-7725 Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee Discover Bank vs Kathryn Culbertson Case # 07-3780 If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then'` NY,sate deposit boxes identified at any of our branches are listed below, Branch Number- Safe Deposit Box Number None If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Janice M Glasgow LcgEl )ocumcnt Analyst (716) 635-7721 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) As of April 17, 2008 .,04-18-'08 09:19 FROM- INTERROGATORIES IN ATTACHMENT T-046 P003/009 F-260 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to hint 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? Ia. If the answer to Interrogatory I 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. L-4 0'7 2 0e, 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. 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 claim, ed any:interest? r , 1 v ? 4. At the time you were served or at any subsequent tune did you hold as fiduciary any property in which the defendant had an interest? 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? J 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? c 7. If you are a bank or other financial institution, at the time you were served or at any subsequent f 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. Ri?v T-046 P004/009 F-260 ,.04-18-'08 09;19 FROM 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 amount of the general monetary exemption tinder 42 Pa.C Sa§ 8123? If otherwise exempt fiends, did not exceed t so, identify each account. WELTMAN, WEINBERG & REIS CO., L.P.A. Tay: William . Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & RE-IS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947870 JANICE M. GLASGOW MU BANK 04170$ ?04-18-'08 09;19 FROM- T-046 P005/009 F-260 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 0 n (c (Name) Lie rL ??C A,Aof (' itle) r ` (1) la`A i'" , garnishee herein, (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 e• (SIGNATURE) JANICE M. ? ASWw M&T L7 C::; 77 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST COMPANY Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment w s entered against you on 64 (xx) Assumpsit Judgment in the amount of $4261.52 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: duwjL OTH ARY OR DEPUTY) Kathryn Culbertson 320 Northview Road Birdsboro, Pa 19508 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. C? Sheriff's Costs: Advance Costs: 150.00 Docketing 18.OQ Sheriff's Costs: 150.00 Poundage 65.70 000.00 Advertising Law Library .50 Prothonotary Mileage 2.00 Refunded to Atty on 05/16/08 Surcharge 4.80 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage TOTAL $ 150.00 ? S? °? o Answers; ?000a- R. Thomas Kline, Sheriff h y-audia A. Brewbaker h fi ?Z d C ±- 8VW 0001 Vd ',kisnej i JJW3NS =N ! U JI_? ,( uc 6 9' by ? /rev I;t 0 93 -2-2. G -Z' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From KATHRYN CULBERTSON (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 MANUFACTURERS AND TRADERS TRUST CO, 3805 TRINDLE ROAD, CAMP HILL, PA 17011 GARNISHEE(S) as follows: 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$15200.62 Interest $439.77 Atty's COMM % Atty Paid $166.70 Plaintiff Paid Date: FEBRUARY 28, 2008 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotary By: a-'V ki Depu y REQUESTING PARTY: Name WILLIAM T MOLZCAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 07-3780-CIVIL TERM vs. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE MANUFACTURERS AND TRADERS TRUST CO ONLY KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST CO 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5947870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant MANUFACTURERS AND TRADERS TRUST CO Garnishee Civil Action No. 07-3780-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE MANUFACTURERS AND TRADERS TRUST CO., 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, MANUFACTURERS AND TRADERS TRUST CO., only. Sworn to and subscribed Before me the 126 Day of MAY 20 N "UBLIC COMMONWEALTH OF PENNSYLVANIA WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Mogan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 5947870 Member, Pennsylvania Association of Notaries 11 s o0 o 0 ? a J Y 4 d \i 1 ' luID _ M r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant M&T BANK, Garnishee, No. 07-3780-CIVIL TERM 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#5947870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant M&T BANK, Garnishee TO THE PROTHONOTARY: 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 KATHRYN CULBERTSON, Defendant, PO Box 147, Wrightsville, PA 17368 3. against M&T BANK, Garnishee, 5219 Simpson Ferry Road, Mechanicsburg, PA 17055 4. Judgment Amount $ 15,200.62 Less payments of $ 4,261.52 Interest $ 1,277.21 Costs $ SUBTOTAL: $ 12,216.31 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: ij?Y 74-- William T. Molcza ,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#5947870 F,' ED-0i=i E ; OF TH7 } P"' H x hl(`tn OTAAY 2009 APR 14 AM 10: 12 PE ?NSYLVAAN ao CSF " 150.00 Is-so 14- o o " aa.5o N. oo 8. oo 3100 .'70 - P D A TTY 42.00 b° a &* 3wg7 qS eT* Q.23458 U?,:, p F" "" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From KATHRYN CULBERTSON, PO Box 147, Wrightsville, PA 17368 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 5219 Simpson Ferry Road, Mechanicsburg, PA 17055 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 $10,939.10 Interest -- $1,277.21 Atty's Comm % Atty Paid $360.70 Plaintiff Paid Date: 4/14/09 L.L. Due Prothy $2.00 Other Costs Curtis R. Lon , onot (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: 412434-7955 By: Deputy Supreme Court ID No. 47437 Sheriffs Office of Cumberland County R Thomas Kline 4,00V ct CISM61r., Edward L Schorpp Sheri, Solicitor Ronny R Anderson Jody 'IS Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/23/2009 02:31 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 a 1431 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathryn Culbertson, in the hands, possession, or control of the within named garnishee, M & T Bank, 5219 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Stephanie Hartman, Teller 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 her. The writ of execution and notice to defendant was mailed on 04-27-09 to Kathryn Culbertson, PO Box 147, weightsville, PA 17368. 2007-3780 Discover Bank vs Kathryn Culbertson So Answers?Kline,o? R. Thomas S heriff By --,A, Depu Sheri N .y C r y (! t C-) f ._ ? X- .? 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KATHRYN CULBERTSON Defendant and M&T BANK Garnishee Civil Action No.: 07-3780-CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-4740 5219 Simpson Ferry Road Mechanicsburg, PA 17055 RE: KATHRYN CULBERTSON PO BOX 147 WRIGHTSVILLE, PA 17368 01PORTANT 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. r 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? t Ks 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 o or owed to him; and the nature and amount of each of such liabilities. A I/ m? 200: Kai" J . a? 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. NZ Z 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? tv 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? 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? /-'LJ 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? ?-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. Y v v 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. q3 6JP-A? -eta ` T WELTMAN, WEINBERG & REIS CO., L.P.A. By: wU William T. Molczan, Espolke PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5947870 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 r ' P . (Name) UMT? ?40f T &WS, , garnishee herein, (U le) (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 kngWledge, information and belief. A_ ?ATURE) o_- M T BANK LEGAL DOCUMENT PROCESS 'A P: n. BOX 844 ING RUFF Lo, W 14040 1 FILED Q, `E OF THE P"fl ?]-,N?CTAPY 2009 MAY - i Ni l : 22 PEIVSNYIANTA APR-23-2009 THU 03:16 PM MST BANK - MECH, FAX:7176913197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant and M&T BANK Garnishee No. 07-3780-CIVIL TERM MW 7LO - _ . INTERROGATORIES IN ATTACE MENT M&T BANK FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 047437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5947870 P. 003 APR-23-2009 THU 03:18 PM M&T BANK - MECH. FAX:7176913197 P.004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KATHRYN CULBERTSON Defendant and M&T BANK Garnishee Civil Action No._ 07-3780-CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-4740 5219 Simpson Ferry Road Mechanicsburg, PA 17055 RE: KATHRYN CULBERTSON PO BOX 147 WJUGHTS'VIOLLIZ, PA 17368 XMPORTANT 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. APR-23-2009 THU 03:18 PM M&T BANK - MECH. FAX:7176913197 P.005 r 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? I ?-b 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. Cib 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. 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? VZ1 4. At the time you were served or at any subsequent time did you bold as fiduciary any property in which the defendant had an interest? 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? VIY5 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? 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. *do APR-23-2009 THU 03:18 PM M&T BANK - MECH. ._ FAX:7176913197 P.006 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. D O HOLD ES NOS' NT gp,P EXEMPT AMOU EXCE,sD WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es9are PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#5947870 APR s % loos APR-23-2009 THU 03;18 PM M&T BANK - MECH, FAX;7176913197 P,007 V RIFICATIQN The undersigned doers hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that be/she is M&T BANK L-DA of , 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. Aua-i6tj L MaLi- (SIGNATURE) TI ' ?. 209 MAY -1 i':>l y I I ! ('D, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant M&T BANK Garnishee No. 07-3780-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE M&T BANK 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#5947870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant M&T BANK Garnishee Civil Action No. 07-3780-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, M&T BANK ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, M&T BANK, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By:- / / William T Molczan, Euire PA I.D #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5947870 Sworn to and subscribed Before me the (0 Day of MAY, 2009 NO ARY LIC f COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny 15 , 2010 My Commission Expires Juy Member, Pennsylvania Association of NOMW CF THE 2069 MAY 1 3 PH ? ? l 1 l1UP { 4 g .od -A=L A-l? CK-?' ?10365? ,-?-jt azso? y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r' T..?;v ' 2010 t;i` '' 1'1ii 2' C!"fit Discover Bank vs. Case Number Kathryn Culbertson 2007-3780 SHERIFF'S RETURN OF SERVICE 04/23/2009 02:31 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at 1431 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathryn Culbertson, in the hands, possession, or control of the within named garnishee, M & T Bank, 5219 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Stephanie Hartman, Teller 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 her. The writ of execution and notice to defendant was mailed on 04-27-09 to Kathryn Culbertson, PO Box 147, weightsville, PA 17368. 03/31/2010 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: $84.13 SO ANSWERS, March 31, 2010 RONW R ANDERSON, SHERIFF Sharon R. Lantz ,4,64 ?1'13q El rl- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON 113&8 ?kc p? '?0. 3a1C I y7, W i sKt';Vi Defendant WOODFOREST NATIONAL BANK M&T BANK, Garnishee Civil Action No. 07-3780-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION - 0 rn ? c;n ?? C7 - C) TO THE PROTHONOTARY: ?`n z +n .mac o orn Kindly issue a Writ of Execution in the above matter... x' N D --c I . directed to the Sheriff of CUMBERLAND County: 2. against KATHRYN CULBERTSON, Defendant 3. against WOODFOREST NATIONAL BANK and M&T BANK, Garnishee 4. Judgment Amount $ 15200.62 Less payments of $- 4261.52 Interest $ 2850.08 Costs $ SUBTOTAL: $ 13789.18 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, Esq PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building IL SO 436 Seventh Avenue PH. Pittsburgh, PA 15219 dN • S? ?? ?? (412) 434-7955 a 4`1. ao ' 150 • oo v ,? 84. i3 -1 SL s° as `Auc Ca. `. v"?; o -50* 781 +o y.o?o #ds1-7(A9 g• wy 'tk a? TS'suec A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant WOODFOREST NATIONAL BANK M&T BANK, Garnishee. No. 07-3780-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) n ? N o n ? C rn'n ern FILED ON BEHALF OF Plaintiff o ~tt Z _ COUNSEL OF RECORD OF THIS PARTY: r) c rn 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#5947870 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From KATHRYN CULBERTSON, P.O. Box 147, Wrightsville, PA 17368 (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: WOODFOREST NATIONAL BANK, 60 Noble Blvd., Carlisle, PA 1.7013 M&T BANK, 1 West 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 $101 Q39.10 Interest $2,850.08 Atty's Comm % Atty Paid $477.33 Plaintiff Paid Date: 1/18/11 L.L. Due Prothy $2.00 Other Costs Da ' B ell, Pro onotary (Seal) REQUESTING 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 Supreme Court ID No. 47437 By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant and WOODFOREST NATIONAL BANK M&T BANK Garnishees No. 07-3780-CIVIL TERM C c?a Also' YS )& -ax -? -r4 INTERROGATORIES IN ATTACHjWT;q WOODFOREST NATIONAL BANK Sr=- w M '-Om BANK © --+cs .C C:7 xo "a =-I C7 -r1 o c -- 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#5947870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KATHRYN CULBERTSON Defendant and WOODFOREST NATIONAL BANK M&T BANK Garnishees Civil Action No.: 07-3780-CIVIL TERM TO: WOODFOREST NATIONAL BANK Suggested Reference No.: XXX-XX-4740 60 NOBLE BOULEVARD CARLISLE, PA 17013-4119 M&T BANK 1 WEST HIGH STREET CARLISLE, PA 17013-2959 RE: KATHRYN CULBERTSON POB 147 WRIGHTSVILLE,PA 17368 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 intervenixl period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the ndant any money or were you liable to him on any negotiable or other written instrument, or did he claim that yo ed m any money or were liable to him for any reason (including funds on deposit for checking or savings acca'tt ificates of deposit)? CW ?? 1 a. If the answer to Interrogatory I 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 KAP"p 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. A- 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. 1 N/A 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 twhet efendant or in which defendant held or claimed any interest? Iv 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? 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 ^yo?ur directions or consent and if so what was the consideration thereof? I" 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to awy ,p> ;,pr .fie pursuant to his direction or otherwise discharge any claim of the defendant against you? ilk 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 amount of funds in each account, and the entity electronically depositing those funds on a(r curring basis. VP 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 de osit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exempt%ynder 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served VU interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 0 IL If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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? 0 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 01? Melissa M. Pe r &T Ban ti Fe 0 8 2011 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, EsVe PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5947870 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 -M@@lIS?S2.qrM• Peters "'r'tV ame 9 4 of L garnishee herein, (Tit e (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. (SIGN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No.: 07-3780-CIVIL TERM KATHRYN CULBERTSON Defendant - , ? Z and X WOODFOREST NATIONAL BANK X Co Zw M&T BANK " tC7 Garnishees TO: WOODFOREST NATIONAL BANK Suggested Reference No.: XXX-XX'140ca 60 NOBLE BOULEVARD CARLISLE, PA I7013-4119 M&T BANK 1 WEST HIGH STREET CARLISLE, PA 17013-2959 RE: KATHRYN CULBERTSON POB 147 WRIGHTSVILLE,PA 17368 ,41;sayrS ?o EWPORTANT 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 WjVd. Y f ?R-4Arvn l?ul b&?sn 4 Mx No. 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is i4 t1td; ' the following: the amount of money you owe or owed to defendant, and, i 1`RK't5f a fund, ttie"sent 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. one- L ee ?l n9 Ac wn-? to woe vF 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. ? )0 'V 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? /VO 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? ND 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 placepursuant to your directions or consent and if so what was the consideration thereof? /JVVV) 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? A10 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. A10 VI 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. Ve5. C hetki iv I-c (111(l133 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. bt) o r1 ab od ", ? ,?R a0ll 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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? 00 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. A0 WELTMAN, WEINBERG & REIS CO., L.P.A. By: G^' William T Molczan, Es e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5947870 I . 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 (Name) ,'v ",ka'irnishee herein, of fi?t ((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. A" (SIGNATURE) Woodforest National Bank Legal Dept. Bryan Abraham Jessica Black Cedrick Frazier 25231 Grogan's Mill Rd, Suite 100 The Woodlands, TX 77380 832 375.2898 - Phone 832-375.3071- Fax FM 4 2011 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 # 5947870 DISCOVER BANK VS. KATHRYN CULBERTSON and WOODFOREST NATIONAL BANK and M&T BANK Garnishee(s) Attorney for Plaintiff(s) Cumberland County ` Court of Common Pleas NO. 07-3780-CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), WOODFOREST NATIONAL BANK and M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James Attorn -mbrodt, Esquire Plaintiff Sworn to and subscribed Before me the?? day of February, 2011 f; NOTARY PUBLIC CAMM NWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public Ross 7WP., Allegheny County M COMMISSlon Tres Nov. 15, 2014 MGM PEN v MM CATION OF NOTARIES .Go 0? CUarmbr6P d jg SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith ,oll",? ?t 4„4 OF THE PROTHONOTAR Chief Deputy 1011 AUG 23 PM 3: 52 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Case Number Kathryn Culbertson 2007-3780 SHERIFF'S RETURN OF SERVICE 01/28/2011 09:17 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathryn Culbertson, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tiffany LaRose, Branch Manager 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 her. 01/28/2011 10:36 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2011 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kathryn Culbertson, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joan Crowl, Teller Manager 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 her. The writ of execution and notice to defendant was mailed on February 2, 2011 to Kathryn Culbertson, PO Box 147, Wrightsville, PA 17368. 08/22/2011 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: $142.02 August 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?j? S 3-=zC?.3 1-?'M ) G. P25 Crun`; Smite S'..e^•f. Teeosofl Inc,