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HomeMy WebLinkAbout07-7088V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MATTHEW R HOCKLEY Defendant No : d 7 - fd ?l u ?`,?? 8 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 06258769 C A Pit WLG 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MATTHEW R HOCKLEY Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND you wish to defend against the You have been sued in court. If y you must take action within claims set forth in the following pages, y entering twenty (20) days after this llmporlbt andattorneynotice by in writing a written appearance personally by an with the court your defenses or objection to toedclaims set forth against you. You are warned that you b the proceed without you and a judgment may be entered against you by court without further notice for any claimed plaintiffe cYoplmaytlose for any other claim or relief requested by the money or property or other rights important to you. TO ORLAWYER YOU SHOULD TAKE THIS PAPER TE YOUR TELEPHONE THEFOFFICEOSEOTT HAVE A LAWYER OR CANNOT AFFORD ON 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 ABOUREDUCED T AGENCIES OTHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1 COMPLAINT 1. Plaintiff, is a New Alban corporation with offices at Y, OH 43054. 6500 New Albany Rd, 2• Defendant is adult individual(s) resi below; ding at the address listed MATTHEW R HOCKLEY 32 OAK AVE CAMP HILL, PA 17011 3' Defendant applied for and received a cred Plaintiff bearing the account it card issued by Plaintiffs number 6011002870647948 copy of "A Statement of Account s attache and made d hereto, A a part hereof, marked as Exhibit 4• Defendant made use of said credit card and current due and owing to Plaintiff, as lY has a ba $2549.40 of October 31 lance 2007 in the amount of 5 Defendant is in default by failing to make payments when due. 6• Plaintiff avers that the Agreement between that Defendant will pay plaintiff's the parties provides attorneys fees. ?• Plaintiff avers that such attorneys, fees will amount to $500.00 W 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 , MATTHEW R HOCKLEY INDIVIDUALLY , in the amount of $2549.40 with interest at the legal rate of 6.000' per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James WELTM 436 S Pitts (412) FAX: 062 This law firm is a debt collector atte our client and any information obtaine armbrodt,42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 2718 h, PA 15219 -7955 -338-7130 C A Pit WLG ng to collect this debt for 11 be used for that purpose. Lnier iyrnouni cnclosea Delow i IS SDSN6A01 0008219 MATTHEW HOCKLEY 32 OAK AVE CAMP HILL PA 17011-4236 Payment Due Date September 14, 2007 Please make check payable to Discover Card. ?`` r Minimum payment due includes a past due Kra amount of $475.00. e-mail or aAddboveress, or go to Disco telephone space om9 Print your he-mail ad dreu to receive important Account information and special offers. Manage your budget, track your spending and avoid fees with FREE timely e-mail reminders. To find out more, visit Discovercard.com/reminders PO BOX 15251 111rpill nrlife III, I WILMINGTON DE 19886-5251 000006011002870647948025494000000000254940 Discover More Card Account Summary Closing Date: Account number ending in 79,48 Payment Due Date September 14 2007 Minimum Payment Due , $2,549.40 Credit Limit $3,500.00 Credit Available $0.00 Cash Credit Limit $0.00 Cash Credit Available $0,00 August 15, 2007 page 1 of 1 Previous Balance Payments And Credits $2,549.40 Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Cho as + 0.00 New Balance + 0.00 $2,549.40 Cashback Bonus® Cashback Bonus® Anniversary Date: December 15 Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0'00 000 Cashback Bonus Balance Available to. Redeem $ O.OQ How Can We Help You? Please have your Discover Card available. Manage your account online of Discovercard.com Customer Service: 1-800-DISCOVER (1-800-347-2683 I For Account Inquiries, write to us at Discover More Card, PO Box 30943 Salt Lake City, UT 84130 TDD (Telecommunications Device for the Deal): For or assistance, see reverse side. EXHIBIT Finance Charge Summary Average Dail Y Balances Dail Periodic Nominal ANNUAL PERCENTAGE PE EENTAGE Periodic Transaction Fee current billing period: 31 days Rates RATES FINANCE AGES FINANCE CHARGES Purchases $0 Cash Advances $0 0.0355990 12.999a F 12.99% $p previous billing period: 15 days 0.05751 % 20.99% F 20.99% $0 none $0 Purchases $0 The rates that apply to your Acco t 0.03559% 12.99°:0 F 12.999'0 $0 un are either fixed (F) or the may vary (V) as noted above. ------------ -- 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 S Accounts Mang er of DFS Services LLC (Name) (Title) (Company) Plaintiff herein, that he/she 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. ignature) WWR # 6258769 MATTHEW R HOCKLEY 6011002870647948 ZJ W C GIs d --_j tv tv a ?? rn SHERIFF'S RETURN - REGULAR CASE NO: 2007-07088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS HOCKLEY MATTHEW R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKLEY MATTHEW R the DEFENDANT at 2047:00 HOURS, on the 4th day of December , 2007 at 32 OAK AVENUE CAMP HILL, PA 17011 by handing to MATTHEW HOCKLEY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 SurchargeA 10.00 / .00 42.40 Sworn and Subscibed to before me this day of , So Answers: A R. Thomas Kline 12/05/2007 WELTMAN WEINBERG By: A. D. a? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MATTHEW R HOCKLEY Defendant No. 07-7088 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06258769 Judgment Amount $ 3049.40 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. 07-7088 CIVIL TERM MATTHEW R HOCKLEY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MATTHEW R HOCKLEY above named, in the default of an Answer, in the amount of $3049.40 computed as follows: Amount claimed in Complaint $2549.40 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $3049.40 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: 1,4 , WILLIAM T. MOLCZo4N, 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#06258769 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7's Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 32 OAK AVE CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 07-7088 CIVIL TERM MATTHEW R HOCKLEY 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 QJS? 2,aOJI (xx) Assumpsit Judgment in the amount of $3049.40 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: PROT NOTARY MATTHEW R HOCKLEY 32 OAK AVE CAMP HILL,PA 17011 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 case # -70 86 - eN1 L-- T E tZNA MATTHEW R HOCKLEY Defendant(s) IMPORTANT NOTICE TO: MATTHEW R HOCKLEY 32 OAK AVE CAMP HILL,PA 17011Q (. Date of Notice: () V WWR## : 06258769 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: ? - U -0 u'-m `(aWva'-- 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. MATTHEW R HOCKLEY Defendant Case no: 07-7088 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MATTHEW R HOCKLEY 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, MATTHEW R HOCKLEY is not in the military service. Further Affiant sayeth naught. AFFIANT LI) SWORN TO AND SUBSCRIBED in my presence this day of ate. 'NOT )&Y PUBL r 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-11-2008 12:41:01 A( Last Name First/Middle Begin Date Active Duty Status Service/Agency HOCKLEY 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. 10 V 4hut 14 ')(4641 40:M1. 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: http://www.defenselink.mil/faa/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 1/11/2008 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: KHXOLKYWQU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/11/2008 ? a ? r IlL cxa ? ? - r ? !' f ?zl ... 1 -r? ('1ST ,r :t S-1 n?G 4'40. 0 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MATTHEW R HOCKLEY Defendant M&T BANK No. 07-7088 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACFIMENT ONLY) SOVEREIGN BANK MEMBERS 1 ST FEDERAL CREDIT UNION Garnishees, 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#6258769 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MATTHEW R HOCKLEY Defendant M&T BANK SOVEREIGN BANK MF,MBERS IST FEDERAL CREDIT UNION Garnishees TO THE PROTHONOTARY: Civil Action No. 07-7088 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against MATHEW R HOCKLEY, Defendant Sal 00..14 Ave, C&mp Rill, PA 1-7011 '?+? old (3G?sfoutg Rd,Caw..pµ+Il,PA1TOII 3. against M&T BANK, SOVEREIGN BANK AND MEMBERS IT FEDERAL CREDIT UNION, OS6TArrn'dtI Pd,C&" 4il1,PA 17011 Sow [.balsa Dr> Meet, PA 170SS 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 3,049.40 $ 61.65 $ 3,111.05 WELTMAN, WEINBERG & REIS CO., L.P.A. By' - ------ William T. Molcza squire PA I.D. #474.7 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6258769 9,-?oog" .O L Ul O 00 00 0 .s> V G = r = tP 0 ? ? C3' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7088 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From MATTHEW R. HOCKLEY, 32 Oak Avenue, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 3805 Trindle Road, Camp Hill, PA 17011 SOVEREIGN BANK, 3556 Old Gettysburg Rd., Camp Hill, PA 17011 MEMBERS 11T FCU, 5000 Louise Drive, 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 $3,049.40 L.L. $.50 Interest - $61.65 Atty's Comm % Due Prothy $2.00 Atty Paid $161.90 Other Costs Plaintiff Paid Date: 6/09/08 C s R. Long, Pr tart' (Seal) 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 CUMBERLAND COUNTY Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee Discover Bank Vs Matthew Hockley No# 07-7088 civil Responses to Interrogatories MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: [Questions and Answers Pursuant to 14 Pa C.S.A. Rule 32531 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for y reason? Answer: NO Yes No open accounts Denies knowledge or information sufficient to form aAli? s the answer to the question. "ZI ?, . ?? 2. At the time you were served or at any subsequent time, was there in your possession,ps`t control or in the joint possession, custody or control of yourself or one or more other peso property of any nature owned solely or in part by the defendant(s)?'? Answer: ? Yes t , X No ? Denies knowledge or information sufficient to form a belief as to the answer to the question. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: ? Yes X No ? Denies knowledge or information sufficient to form a belief as to the answer to the question. 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: ? Yes X No ? Denies knowledge or information sufficient to form a belief as to the answer to the question. 5. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: ? Yes. The consideration was X No ? Denies knowledge or information sufficient to form a belief as to the answer to the question. 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: ? Yes X No ? Denies knowledge or information sufficient to form a belief as to the answer to the question. [Additional Questions and Answer (if any)] If any of the following reasons are checked, the account(s) in question are not subject to attachment because: ? Account(s) No(s). are escrow account(s) for real estate taxes and insurance. ? [Field 12] has a right of set off against the account(s) which it hereby elects to assert. ? Other: [Consult with Counsel's Office and type in reason] MANUFACTURERS AND TRADERS TRUST COMPANY Dated: JUN 17 2008 By' Name: L rrie Maska Title: Legal Document Analyst M&T Bank - Legal Document Processing PO Box 844 Buffalo New York 14240 Phone(716)635-7721 Fax (716)635-7725 V-2 .y lJ• f.W rL RECEIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUN 18 2008 CIVIL DIVISION DISCOVER BANK Plaintiff No. 07-7088 CIVIL TERM Asos wvzz vs. INTERROGATORIES IN ATTACHMENT M&T BANK SOVEREIGN BANK MEMBERS IIT FEDERAL CREDIT UNION MATTHEW R HOCKLEY Defendant and M&T BANK SOVEREIGN BANK MEMBERS 1 ST FEDERAL CREDIT UNION Garnishees 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#6258769 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 07-7088 CIVIL TERM MATTHEW R HOCKLEY Defendant and M&T BANK SOVEREIGN BANK MEMBERS 1 ST FEDERAI, CREDIT UNION Garnishees TO: M&T BANK Suggested Reference No.: XXX-XX-3224 3805 Trindle Rd Camp Hill, PA 17011 SOVEREIGN BANK 3556 Old Gettysburg Rd Camp Hill, PA 17011 MEMBERS 15T FEDERAL CREDIT UNION 5000 Louise Dr. Mechanicsburg, PA 17055 RE: Matthew R Hockley 32 OAK AVE CAMP HILL,PA 17011 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. ME w, 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? r) 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. V) 0 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. no 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? f to 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? VA ( 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? n 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. ?,• ;? ?? o ?: "^' a V izi" ou"hrC a giant, o otcief iinanciilibstittution,.:at tiie trine you were served 'd at any sutTS equem otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William "T`" Molczasquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6258769 so? 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 Tii &- S' Yawn CS' (Name) ,? fi Q rr? ins' aw-41 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. AC'4'?Z' (Sl--IT A ) ^' ' c_ ? ._-? ?'-n s c? ?.. ?' .- _ ?.? ;,_ ":U= ' ? " rri 4 1. ?w ? ?`? rir ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION DISCOVER BANK Plaintiff No. 07-7088 CIVIL TERM VS. INTERROGATORIES IN ATTACHMENT M&T BANK SOVEREIGN BANK MEMBERS Is' FEDERAL CREDIT UNION MAT,rilEW R HOCKLEY Defendant and M&T BANK SOVEREIGN BANK MEMBERS I ST FEDERAL CREDIT UNION Garnishees FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF TIIlS 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 WWR96258769 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No.: 07-7088 CIVIL TERM MATTHEW R HOCKLEY Defendant and M&T BANK SOVEREIGN BANK MEMBERS 1 ST FEDERAL, CREDIT UNION Garnishees TO: M&T BANK Suggested Reference No.: XXX-XX-3224 3805 Trindle Rd Camp Hill, PA 17011 SOVEREIGN BANK 3556 Old Gettysburg Rd Camp Hill, PA 17011 MEMBERS Is" FEDERAL CREDIT UNION 5000 Louise Dr. Mechanicsburg, PA 17055 RE: Matthew R Hockley 32 OAK AVE CAMP HILL^ 17011 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 writt instrument, or did he claim that you owed him any money or were liable to him for any reason? Z) 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 an amount of each of such liabilities. n ? 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. ?30 i. 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? 0 V 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 Ddie on s or consent and if so what was the consideration thereof? D 6. At any time after you were s did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to is 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. 0 ^ If you are a bank or other financial institution, at the time you were served or at any subsequent k otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. OD. WELTMAN, WEINBERG & REIS CO., L.P.A. William 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#6258769 A 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to a t orities, that he/she is Q? ?IL (Name) 'J .1 of l , 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 kn edge, information and belief. JUN 16 20 4 I• LA S• PACE - - -- ( NATURE) 8TgAW.R T--3 1-0 r J ` SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07088 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HOCKLEY MATTHEW R And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:45 Hours, on the 16th day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT TT-l -T "IT ANN MMTTT?T.T T) hands, possession, or control of the within named Garnishee MEMBERS FIRST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to . in the BETH WAGNER (TELLER) 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 ans ?v Docketing .00 • Service .00 Affidavit .00 A. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 00 06>124/2008 Sworn and Subscribed to before me this day of By Deputy Sheri A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07088 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HOCKLEY MATTHEW R And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:38 Hours, on the 16th day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT HOCKLEY MATTHEW R hands, possession, or control of the within named Garnishee M & T BANK 1 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to in the CONNIE NEGLEY (OFFICE MANAGER) , 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 Affidavit .00 R. Thomas Klin _ Surcharge .00 Sheriff of Cumberland County .00 00 ? 6iat?1 oz 06/24/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D % SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-07088 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HOCKLEY MATTHEW R And now SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:07 Hours, on the 23rd day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HOCKLEY MATTHEW R hands, possession, or control of the within named Garnishee SOVEREIGN BANK 3556 OLD GETTYSBURG RD CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to LEAH ERBY (ASST. MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this in the true and made So answers: .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 00 ? au /0P 0 /24/2008 day of By Z??l Deputy Sheriff A.D r '.':E S?,,ERIFF R. Thomas Kline, Sheriff, who b??ng:'dul`y s?V6mia?cftg to law, states turned STAYED. O10 A il: 05 eAdvance Costs: 300.0 ti Sheriff's Costs: 186.15 Docketing 18.00 113.85 Poundage 3.65 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 07/07/08 Mileage 5.00 Surcharge 70.00 Levy 60.00 Certified Mail Post Pone Sale Garnishee 27.00 Postage TOTAL $ 186.15 ? 71iS a ?`? R. Thomas Kline, Sheriff o ?c By Claudia A. 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Moiczan, 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#6258769 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MATTHEW R HOCKLEY Defendant SOVEREIGN BANK MEMBERS I ST FEDERAL CREDIT UNION M&T BANK Garnishees Civil Action No. 07-7088-CIVIL TERM CREDIT UNION AND M&T BANK, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishees, SOVEREIGN BANK, MEMBERS IST FEDERAL CREDIT UNION AND M&T BANK, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 64 1 William T. Molczad, 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#6258769 ONW PE'*-,;SYLVAN1A Sworn to and subs . ed COMM Nora;;al Seat Public Before the _ Wendy L. NOWY County Cry Of P'dtsburgh, AiiL?3neny Day o ,?28 'x"pires."uiy ?s,2010 Comm?ss?on uc;2'iiUn If Notaries mo r, Penn me N ARY PUBLIC c