HomeMy WebLinkAbout07-7253I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
vs.
WAYNE FRY
Defendant
No. 6^j - 72Sj 0;U L? ccp7l
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06230790
.1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff No.
vs.
WAYNE FRY
Defendant
COMPLAINT IN CIVIL ACTION 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
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPT.A TNT
1. Plaintiff is a corporation with offices at 5700 CROOKS RD STE 301
TROY, MI 48098-0000
2. Defendant is an adult individual residing at
WAYNE E FRY
38 BETTY NELSON CT
CARLISLE,PA 17015
3. On or about FEBRUARY 17, 2006, the parties entered into a written Closed-End Lease
Agreement (hereinafter referred to as the "Agreement") for the lease of a NEW 2006 SATURN ION 2
SDN, more particularly identified in the Agreement, a true and correct copy of which is attached hereto,
marked as Exhibit "1" and made a part hereof.
4. By the terms of the Agreement, Defendant was to make FORTY-SEVEN (47) payments of
$273.33, commencing FEBRUARY 17, 2006, and to pay certain license fees due at the inception of the
lease and during the lease term.
5. The terms of said Agreement provide for termination upon satisfaction by Defendant of all
obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of
the lease term, which term would end FORTY-SEVEN (47) months after it commenced.
6. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing
to make payment to Plaintiff as promised.
7. Due to the Defendant's default under the Agreement, Plaintiff exercised its right to
terminate the Lease.
8. After calculating the early termination charges due Plaintiff pursuant to the terms of the
Lease, Plaintiff avers that a balance of $ 5,609.19 as of AUGUST 22, 2007 is due from Defendant.
9. Plaintiff avers that the Agreement between the parties provides that Defendant will pay
Plaintiff's attorneys' fees.
10. Plaintiff avers that such attorneys' fees will amount to $1000.00.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, interest, attorneys' fees or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, WAYNE FRY,
individually, in the amount of $ 5,609.19 with continuing interest thereon at the legal rate 6.00% per
annum from AUGUST 22, 2007 plus attorneys' fees of $1000.00 and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
v
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Ptbrodt,
Ja/eventh Esquire
W, EINBERG & REIS CO., L.P.A.
27r Building
43Avenue
PiA 15219
(4 955
y
C
S
'Pi....
FEDERAL CONSUMER LEASING ACT DISCLOSURES
1. Amount Due at Lease 2. Monthly Payments Other Charges (not part of your monthly payment) 4. Total of Payments
Signing or Delivery
(Itemized Below)' Your first monthly payment of $ __?7Z 7z is due on Disposition feed you do
( y (The amount you will have paid
2-/7/2006 ,followed by?. payments of
not purchase the vehicle) $_ _0_ b the end of the lease.
by )
$ 2-73, 33- due on the 19ZJ1_ of each month. $ n
$ 420.98 The total of your monthly payments is $ 13,119.84 .
Total $ 0
$ 13,267.49
'Itemization of Amount Due at Lease Signing or Delivery
5. Amount Due at Lease Signing or Delivery: 6. How the Amount Due at Lease Signing or Delivery will be paid:
1 a. Capitalized cost reduction $ 0 a. Net trade-in allowance _.. $ 0
b. First monthly payment $ 273.33 b. Rebates and noncash credits $ 0
c. Refundable security deposit $ 0 c. Amount to be paid in cash $ 420.98
d. Title tees $ 22.50 EXHIBIT
e. Registration fees _ $ 36.00
I. Sales/usetax ._......,.. .. __ .. _.. _. __.. $ 0
9. - $ 0
I
h. OTHER FEES $ 89.15
i. N/A $ 0
I. Total $ 420.98 d. Total 420.98
7. Your monthly payment is determined as shown below:
a. Gross capitalized cost. The agreed upon value of the vehicle ($S 1-47.78 ) and any items you pay for over the lease term (such as service contracts,
insurance, and any outstanding prior credit or lease balance) $ 16 , 540 -24
b. Capitalized cost reduction. The amount of any net trade-in allowance, rebate, noncash credit, or cash you pay that reduces the gross capitalized cost $ 0
C. Adjusted capitalized cost. The amount used in calculating your base monthly payment
4
$ 16,540.2
d. Residual value. The value of the vehicle at the end of the lease used in calculating your base monthly payment $ 5 , 603.65
e. Depreciation and any amortized amounts. The amount charged for the vehicle's decline in value through normal use and for other items paid over
the lease term $ 10, 936.59
f. Rent charge. The amount charged in addition to the depreciation and any amortized amounts .._.._ _. __.. __....__. + $ 1099.89
g. Total of base monthly payments. The depreciation and any amortized amounts plus the rent charge. _.. _. _......_ _ $ 12,026 4R
h. Lease payments. The number of payments in your lease s 4A
I. Base monthly payment $ 250.76
I; Monthly sales/use tax (estimated) _.. _...... _ + $ 22.57
k.
+ $ 0
I' Total monthly payment $ 273.33
Early Termination. You may have to pay a substantial charge if you and this lease early. The charge may be u0 to several thousand dollars.
The actual charge will depend on when the lease is terminated. The earlier you end the lease, the greater this charge is likely to be.
9. Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and for mileage in excess of 15000 miles per year at the rate of $ per mile.@ 1L
9. Purchase ^ lien at End of Lease Term. You have an option to buy the vehicle at the end of the lease term for $ Al . 903 - 65 , plus official fees and taxes.
10. Other Imp lard Terms. See your lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, and insurance.
11. ITEMIZATION OF GROSS CAPITALIZED COST.
a. Agreed upon, value of the vehicle
$ 14,602.78
b. GMAC administrative fee _... .... + $ 595.00
c. License/registration/tide fees + $ 0
d. Sales tax + $ 0
e. Other tax (describe) + $ 0
I. Optional service contract.. + $ 0
g. Optional maintenance contract + $ 0
h. Optional life insurance + $ 374.05
i. Optional disability insurance
... ........ + $ 373.41
I. N/A + $ 0
k. N/A _ + $ 0
1. Gross Capitalized Cost = $ 16, 540.24
12. THE VEHICLE YOU ARE TRADING. N/ A
(year) (make) (model)
Gross trade-in value... ., _. _... $ n
Payoff $ n
Net trade-in value $ n
13. OFFICIAL FEES AND TAXES. You will pay all government license, title, registration, testing,
and inspection fees for the vehicle. You will pay all taxes on the lease or the vehicle that the
government levies on you, the vehicle, or us (except our net income taxes). We may change
your monthly payment if taxes change. We may bill you separately for official fees and taxes.
TOTAL ESTIMATED FEES AND TAXES YOU MUST PAY DURING LEASE $ t24-9_86
The actual total of fees and taxes may be higher or lower depending on tax rates in effect or the
vehicle value when a fee or tax is assessed.
a. Title/lien fees $2„9 SO
b. Registration fees/taxes $ 0
c. License fees/taxes . _ $ 144.00
d. Sales/use taxes (including tax on capitalized cost reduction) $ 1083.36
e. Excise taxes $ 0
I. Property taxes $ 0
g. Other (describe) $ 0
h. Other (describe) $ 0
I. Other (describe) $ 0
14. MILEAGE.
Base Mileage Allowance. Q,000 miles/year- ?Low mileage: 12,000 miles/year.
?Medium-duty truck (gasoline): 25,000 mileslyear
?Medium-duty truck (diesel): 35,000 miles/year
16. CHARGE FOR FINES. It the government places a fine on the vehicle and you do not pay it
promptly, we may pay it. Each time we pay a fine, you will pay us the tine plus $20.
17. SCHEDULED LEASE END DATE. This lease is scheduled to end 2/16/2010
You are scheduled to return the vehicle on this date. (month) (day) (year)
18. LEASE END DAILY EXTENSION CHARGE. $ 25.OOper day (plus tax), beginning on
the eighth day after scheduled lease end date.
19. REOUIRED VEHICLE INSURANCE INFORMATION. You affirm that liability and physical
damage policies that meet our requirements (see the other side) are in force on the date of this
lease as follows: ERIE INSURANCE EXCHANGE
Insurance company name:
Insurance agency name:
Agency address: 1001 SOUTH MARKET STREET MECHANICSBURG PA 170
Agency phone no.: 717 -1
Agent's name: BILL HEAT111MY
Policy no.:Q02 077Sn7nu -707-- Liability IA1thysicaldome
Deductibles: Collision $ Comprehensive $ U
Insurance company name: N/A
Insurance agency name: N/A
Agency address: WA
Agency phone no.: N/A
Agent's name: N/A
Policy no.: N/A ? Physical damage
Deductibles: Collision $ 0 Comprehensive $ 0
20. OPTIONAL LIFE AND DISABILITY INSURANCE. We do not require life or disability
insurance. If you sign below, we will try to get the coverage(s) checked for the lease term. We will include
the premium in your base monthly payment. A notice you receive when you sign this lease describes the
coverage(s). The insurance may not cover taxes and other amounts due besides the base monthly payment.
Insurer name: T TL'' 09 TITQ Cn11TA INS CO
Address: PO BOX 41,48A
.TArKg0WTLLE, FL 32203
CXNfe insurance (? LTJsee ? Co-Lessee ? Both) Premium $ '74 n5
Coverage limit $ 12,946- 51
CXNisability insurance (Lessee only) Premium $ 373.41
Monthly coverage limit $ 273.33
LESSEE'S SIGNATURE: X Age 32
CO-LESSEE'S SIGNATURE: X Age
21. WARRANTY AND EXCLUSION OF WARRANTY You have the benefit of any warranty
checked below.
Extra Miles. You are buying Oextra miles at $... NLA_P
er mile. It this lease ends
CX8tandard manufacturer's warranty
on or after the last scheduled payment is due, we will credit you with $ N/ A per mile for 0
each unused extra mile. There will be no credit If the lease ends early, you buy the Warranty papers that are separate from this lease state any coverage limits.
vehicle, or the vehicle is a total loss. The law gives you a warranty that the vehicle conforms to the description in this lease.
Total Allowed Mileage on the Odometer at Lease End is 60003 miles. THERE ARE NO OTHER EXPRESS WARRANTIES ON THE VEHICLE. WE MAKE NO
Starting odometer mileage 3 miles IMPLIED WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY THAT THE
Base mileage allowance + 60000 miles VEHICLE IS FIT FOR A PARTICULAR PURPOSE.
Purchased extra miles + 0 miles 22. OPTIONAL SERVICE AND MAINTENANCE CONTRACTS.
® (t IC Excess Mileage Charge. The excess mileage charge is $ - JSer mile for each mile Name __ 1,)/A Term/,months,
iJ,Atiles
beyond the total allowed miles, plus tax. It the lease ends early and the vehicle is not a total Name. N/A. Term__j1Anonths, IN
.
/ • miles
loss, any excess mileage and wear charge will not be more than residual value minus the
vehicle sale price. There is no excess mileage charge it you buy the vehicle. ,
,,
If you are buying a service or maintenance contract now, you may pay for it at lease signing. If
you do not, the price will be in the capitalized cost and you will pay rent charges on the price.
15. LATE CHARGE. If you do not pay a monthly payment in full within 10 days after it is due.
you will pay a late charge of 5% of the part of the payment that is late.
THIS IS THE ENTIRE AGREEMENT. This lease, including the front and back of this form, contains the entire agreement between you and us relating to the lease of the vehicle. Any change to
the terms of this lease must be in writing and signed by you and us. No oral changes are binding.
LESSEE\ X-)• ?L •L/ - BY: X _ CO-LESSEE: X
We may y or refrai rom enforcing an r ur rights under this lease without losing them.
NOTICE TO LESSEE. 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. 2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
YOU SIGNED THIS AGREEMENT AND RECEIVED A COPY AT MECHANICSBURG, PA 17055 _ ON FEBRUARY 17 2006
/ (city)
e?' (state) (month) (day) (year)
LESSEE(V (. a I k-yq I e
_ /-. ,c BY: X CO-LESSEE: X _
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 ? . ,'^hbi ns o n
(Name)
??Cl4?YrlltJl U l of amx , plaintiff herein, that
(Title) (Company)
he/sae is duly authorized to snake 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.
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ignature)
WWR#06230790
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-07253 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC LLC
VS
FRY WAYNE
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
FRY WAYNE E but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT
38 BETTY NELSON CT
FRY WAYNE E
CARLISLE, PA 17015
DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR 5 YEARS.
Sheriff's Costs:
Docketing 18.00
Service 5.76
Affidavit 5.00
Surcharge 10.00
n .00
3 8 . 7 6
So answ
R. ThomasR. Thomas Kline
Sheriff of Cumberland County
WELTMAN WEINBERG REIS
12/14/2007
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
VS.
WAYNE E FRY
No. 07-7253 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan
PA I.D. #47437
WELTMAN, WEINBERG & REIS, CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6230790
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
Civil Action No. 07-7253 CIVIL TERM
WAYNE E FRY
PRAECIPE TO REINSTATE COMPLAINT
Kindly
the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molcz
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #6230790
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-07253 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC LLC
VS
FRY WAYNE
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
FRY WAYNE E
but was unable to locate Him
deputized the sheriff of PERRY
to wit:
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On April 23rd , 2008 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Perry County 29.06 Sheriff of Cumberland County
Postage 1.65
67.71 l/ ti//a F/o P 91
04/23/2008
WELTMAN WEINBERG REIS
Sworn and subscribe to before me
this day of
A. D.
t
x 'S
In The Court of Common Pleas of Cumberland County, Pennsylvania
GMAC LLC
VS.
Wayne E. Fry No. 07-7253 civil
Now, April 15, 2008 1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, AZ r; 1 16, , 20__L8 , at 1 : 3 2 o'clock p_ M. served the
within Notice & Complaint
upon - Wayne E. Fry
at Newport Borough-427 Market At-- Newport, RA 17074
by handing to Wayne E. Pry., nPfanAant
a True & Attested
copy of the original Notice & Complaint
and made known to Him
the contents thereof.
So answers,
Aaron D. Richards
Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me this/M day of 20 0 8'
&4A. A-AIAC,?g?, ALI
MARQW F. FUCiQ M, Notary PubUc
ekwidw eom. Ferry County
Commie ft Ex 'ree Feb.16, 2(",
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
N
IN THE COURT OF COMMON PLEAS OffF DCU BEERLAND COUNTY, PENNSYLVANIA
CIV
GMAC, LLC
Plaintiff
VS.
WAYNE E FRY
Defendant
No.07-7253 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
MATTHEW D URBAN, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06230790
y
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
Vs.
WAYNE E FRY
Defendant
Civil Action No. 07-7253 CIVIL TERM
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, WAYNE E FRY, in the amount of $5,609.19 plus costs, based upon
the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
1
By:
Attorney for Plaintiff
WAYNE E FRY,
By: W
Defendant
WWR#06230790
IN THE COURT OF COMMON P EASILCUMBS O AND COUNTY, PENNSYLVANIA
GMAC, LLC
Plaintiff
VS.
WAYNE E FRY
Defendant
Civil Action No. 07-7253 CIVIL TERM
STIPULATION OF THE PARTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, WAYNE E FRY, above-named, in the
amount of $5,609.19 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent,
as follows:
I . Defendant admits indebtedness to Plaintiff in the amount of $5,609.19 with continuing
interest thereon at a rate of 6% per annum plus costs from date of judgment.
2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, WAYNE E FRY, in the amount of $5,609.19 plus
continuing interest thereon at the rate of 6% per annum from date of judgment and costs.
3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $264.00 due by 5/15/2008;
full consecutive month thereafter until the Judgment amount plus
(b) $264.00 due on the 15th day of each
accrued interest and costs are pad in
4. All payments are to be made payable to the order of "GMAC, LLC"
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis,
Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. All future payments are to be
mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430.
6. In the event of default, each payment received shall be first attributed to costs, interest and then to
principal.
7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff
or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be
immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance
of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a
waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation
which the parties agree is final and complete.
9. Intending to be legally bound, the parties set their hands and seals this` day of ,
20 4E? .
WELTMAN, WEINBERG & REIS CO., L.P.A.
l?
By.
MATTHEW D URBAN, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 06230790
By:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
VS. Civil Action No. 07-7253 CIVIL TERM
WAYNE E FRY
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or ud ent was entered against you
on I op
(xx) Assumpsit Judgment in the amount
of $5,609.19 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
(XX) By Consent
Prothonotary
WAYNE E FRY
427 MARKET ST
NEWPORT,PA 17074
By:
PR HON O EPUTY)
! _1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff No. 07-7253 CIVIL TERM
vs. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT and LEVY)
WAYNE E FRY
Defendant
ORRSTOWN BANK,
Garnishee,
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06230790
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
vs. Civil Action No. 07-7253 CIVIL TERM
WAYNE E FRY
Defendant
ORRSTOWN BANK,
Garnishee
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
I . directed to the Sheriff of CUMBERLAND County:
2. against WAYNE E FRY, Defendant, 1114 Moun-f&i n , ),4et06.)r9 , PAt 7aq&
3. against ORRSTOWN BANK, Garnishee
1110 E Simpson Sf
4. Judgment Amount Mech. PA 19055 $ 5609.191
Less payments of $ 457.511
Interest $ 425.4$1
Costs $
SUBTOTAL: $ 5577.1,411
Costs (to be added by Prothonotary): $
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: (?? '
William T. Molczan, Es ire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06230790
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-7253 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC, LLC., Plaintiff (s)
From WAYNE E. FRY, 1219 Mountain Rd, Newburg, PA 17240
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property of the defendant.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
ORRSTOWN BANK, 1110 E. Simpson Street, Mechancisburg, PA 17055
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined froin
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend?> t
(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
garnishee and is enjoined as above stated.
Amount Due $5,151.66 L.L. $.50
Interest -- $425.48
Atty's Comm % Due Prothy $2.00
Atty Paid $235.97 Other Costs
Plaintiff Paid
Date: 9/14/09
_ "1 T
Curtis A, Long, Pr n to
(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
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri F?1
Ronny R Anderson 4„rtr at uua6rr ,?d ?? ?rC ,'OTA Y
Chief Deputy 2009 SEE 23 A Ni ? 'G
Jody S Smith
Civil Process Sergeant C pp ? !CE. i:F"tic v'.ERIFF C??3'ff r ? : t..' ? •'w (_)r?FY
Edward L Schorpp
Solicitor
GMAC, LLC ,
vs.
Wayne E Fry
Case Number
2007-7253
SHERIFF'S RETURN OF SERVICE
09/18/2009 09:11 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 18, 2009 at 0910 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendant, to wit: Wayne E. Fry, in the hands, possession, or
control of the within named garnishee, Orrstown Bank, 22 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania, by handing to Michael Byerly, 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 him.
So Answers,
R. Thomas Kline, Sheriff
BY
Deputy Sheriff
A'
0912212009 08:04 ORRSTOWN BANK
(FAX) P.0081012
IN' THE COURT OF COMMON PLEAS OF CUMBERLAND COUN"I'Y, PENNSYLVANIA
CIVIL DIVTS[ON
GMAC, LLC.
Plaintiff
vs.
WAYNE E FRY
Defendant
and
ORRSTOWN BANK
Gamishee
No. 07-7253 CIVIL TERM
IN TERI20GATORIES IN ATTACHMENT
ORRSTOWN BANK
FILED ON BEFIALF OF:
Plaintiff
COUNSEL: OF RECORD OF
THIS PARTY:
William T, Molczan, Esquire
PA T.D. 947437
`,'VELTMAN. WEINBERG R. REIS CO., L.P.A.
140 Koppers Building
436 Seventh Avenue
Pittsbw-gh, PA 15219
(412)434-7955
``N'WR#06230790
0912212009 08:04 ORRSTOWN BANK
(FAX) P.0101012
OARNISHEE ORRSTOWN BANK'S ANSWERS TO
INTERROGATORIES IN ATTACHMENT
I. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
No.
1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such stoney 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 ot'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.
Not applicable.
2. At the time VOL] were served or at any subsequent time was there in your possession, custody or
control of yourselr 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?
No.
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
Yes.
5. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
No.
6. At any time after you were served did you pay, transfer, O deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you?
No.
7. If you are a bank or other financial institution, at the t.irne 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
recur -ring 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, ldentify each account and stale the reason for the exemption,
the amount heing withheld under each exemplion and the entit, clectronically depositing those funds on a recurring
basis.
No.
A
0912212009 08:05 ORRSTOWN BANK
(FAX)
P.0111012
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 fiords, did not exceed the amount of the general monetary exemption under 42 Pa.C.S, § 8123? If
so, identify each account,
Yes. Checking account with joint tenant. Last 4-digits of
acceunt number: 0317. ?VELTMAN, WEFNTBERG 8z REIS CO., L.P.A.
William T. Molcza . Esquire
PA 1. D. `=,17,x3 7
WEL I'MAN, %VEINBERG & RElS CO.. I-P. ,A.
1400 Koppers Building
436 Seventli Avenue
Pittsburgh, PA 15219
('412) 434-7955
WWR1406230790
Date:
Respectfully submitted,
aW'BRIIENN AR & tSHERER
September 23, 2009
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Orrstown Bank
0912212009 08:05 ORRSTOWN BANK
VERIFICATION
(FAX) P.0121012
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/skiKis David A. Barie, Esquire
(Name)
Attorney for Garnishee, Orrstown Bank
---- _, garnishee herein,
(Title) (Company)
that he/she is duly authorized to make this verification. and that the facts set forth in the forecoing
Answers to Interrogatories are true and con-ect to the best o ' is/her knowledge, informat rand belief.
(SIGNATURE)
David A. Baric, Esquire
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2009, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of Garnishee, Orrstown Bank's Answers To Interrogatories In
Attachment, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis, Co., LPA
1400 Coppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
David A. Baric, Esquire
OF THE
20109 SEE 229 f,l i w* 2'
GUItA,
GMAC MORTGAGE LLC., IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WAYNE E. FRY,
DEFENDANT 07-7253 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 2009, a hearing on the within
claim for an exemption shall be conducted in Courtroom Number 2, Cumberland County
Courthouse, Carlisle, Pennsylvania at 11:00 a.m., Monday, November 9, 2009.
William T. Molczan, Esquire
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
? David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
ayne Fry, Pro se
1219 Mountain Road
Newburg, PA 17240
Sheriff _ fb2cvtk j.
:sal
LCCL
Edgar B. Bayley, J.
RID-OfTCE
OF THE P§' ?
2M OCI 26 kin Ili 36
f. _ _ .
GMAC MORTGAGE, LLC. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
WAYNE E. FRY, CASE NO. 07-7253
Defendant
ENTRY OF ATTORNEY APPEARANCE
Kindly enter my appearance on behalf of the Defendant, Wayne Fry in the above-
mentioned action.
submitted,
Sri D. Coover, Esquire
-Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
GMAC MORTGAGE, LLC.
Plaintiff
V.
WAYNE E. FRY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO. 07-7253
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 9d' day of November, 2009,
1 caused the foregoing ENTRY OF ATTORNEY APPEARANCE to be served by United
States First class mail upon the persons identified below as follows:
William T. Molczan, Esquire
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
By hand-delivery to the following:
David A. Baric, Esquire
19 West South Street
Carlisle, Pa 17013
submitted,
?l ri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
E FILE,-)_. :...
2C1J9 v, Voy
-9 A i 1.0: 4 0
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C. Warmbrodt, Esquire Attorney for Plaintiff(s)
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 06230790
GMAC, LLC
vs.
WAYNE E FRY
and
ORRSTOWN BANK
Garnishee(s)
CUMBERLAND County
Court of Common Pleas
NO. 07-7253 CIVIL TERM
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s),
ORRSTOWN BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Jamesp)l Warmbrodt, Esquire
Attorn v or Plaintiff
Sworn to and subscribed
Before me the Day of November, 2009
OTARY PUBLIC
COMMC^P4'WEALTI-I OF PENNSYLVANIA
Notarial Seal
Sheila G. Bevan, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Nov. 15, 2010
Member. Pennsvivania Association of Notaries
vlllr 440-11"m
MOM -7 PM 3121
OA%Ugalff
a-rrf
* S.00 Pp
e a3y t#-Q
. +
-- ~' SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~~ ~`~._;, ~~_~~
Sheriff '. ~~ ~ ~ "~ E-'~ `~ ?~-;'. ~~ 1~,~~r?Y
~~y~~ttr ~I ~u+gbp~.~~~~
Jody S Smith
Chief Deputy ~~~ ;', ~~~ ~~~~ .~~~ -~U ~'i`~ ~~ 4
Richard WStewart -
r <<
Soliator +~r=r~~~~c~r~E,~Ri~~= Ui./qq+`~~_.~~, _.._~U~4~'
GMAC, LLC
vs. Case Number
Wayne E Fry 2007-7253
SHERIFF'S RETURN OF SERVICE
09/18/2009 09:11 AM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 18, 2009 at 0910 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendant, to wit: Wayne E. Fry, in the hands, possession, or
control of the within named garnishee, Orrstown Bank, 22 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania, by handing to Michael Byerly, 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 him.
10/14/2009 01:36 PM -Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October
14, 2009 at 1330 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Wayne E. Fry, by making known unto Wayne E. Fry, at 1219 Mountain Road, Newburg, Cumberland
County, Pennsylvania its contents and at the same time handing to him personally the said true and
correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy
of levy mailed to attorney and letter mailed to defendant on 10-15-09.
10/21/2009 On Wednesday, October 21, 2009, at 1037 hours, a claim for exemption was filed by Wayne Fry. The
original claim form was then taken to Court Administration.
10/27/2009 Received order of court for exemption hearing to be held on 11-02-09 at 1100 hours in Courtroom # 2.
07/06/2010 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: $135.54
July 06, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
B
S aron R. Lantz
`~ .~~ ~,d- Co ,
• Sa f.[.- hod,
,~~v~~a
(ci County5uite Sheriff. Teleosoft. Inc.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-7253 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE LLC Plaintiff (s)
From WAYNE E. FRY, 1219 Mountain Road, Newburg, PA 17240
(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, 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$5,081.19
Interest $1,053.97
Atty's Comm %
Atty Paid $401.51
Plaintiff Paid
Date: OCTOBER 3, 2011
L.L.
Due Prothy $2.00
Other Costs
(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
Deputy
Supreme Court ID No. 47437
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC MORTGAGF. LLC.
Plaintiff
Civil Action No. 07-7253 CIVIL TERM
vs.
``
WAYNE E FRY I a•?? %0'W A4,'r% Uatl
Defendant(s) p(A
M&TBANK
Garnishee(s) i
PRAECIPE FOR WRIT OF EXECL)TION '
4?L
PROTHONOTARY:
THE
Kirdly issw a V'/rit of Execution in the above matter... -E - `"
1. dire med 1,-) the Sheriff of CUMBERLAND County:
2. against WAYNE E FRY , Defendant
3. against V, & T BANK... Garnishee
4. Judgment Amount $ $5,609.19
Less. Pay nents/credits received $ $528.00
Inte;,:st $ $1,053.97
Cost:. $
SUBTOTAL: $ $6,135.16
Costs (to be added by Prothonotary):
apt.1o A a4?
1 -4 S. Sy r
7<&, Sd U81
10.00 ", 11
tti.00Li `'
µ It
aq. so
8 oot,w
X401. en ?( a
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: i `--
William T. Molczan, Esquir
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 152!9
(412) 434-7955
s a .CD d.
C?# 1613?S71
a 6.5 a q y wwR No. 62X0790
RA
,A j(a (4,
IN I-HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC MORTGAGE LLC.
Plaintiff No. 07-7253 CIVIL TERM
VS.
WAYNE F, FRY
Defendant(s)
M & T BANK
Garnishee(s)
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 No. 62*10790
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
G: /IAC MORTGAGE LLC.
Plaint;ff
vs.
?i'A YN E E F%Y
Def: adant(s)
M & T BANK
Garnishee(s)
TO:
M &T BAN;:.. 1 ';VEST HIGH ST, CARLISLE, PA 17013
RE: WAYNE E ?-RY , 1219 MOUNTAIN RD, NEWBURG, PA 17240
C "J
J?"- -
Suggested Reference No.: XXX-XX-6528
XXX-XX-
IMPORTANT NOTICES TO GARNISHEE!
A. You ,,re required to file answers to the following interrogatories within twenty (20) days after
service upon y,-)u. I-ailure ;o do so may result in Jud;m(°nt against you.
B. Herein. site word "defendant" means any one or more of the defendants against whom the writ of
1 .Necution is ,sued.
C. While sci-vice of Writ upon the Garnishee attaches all property attachmer, which is the,., in the hands of the garnishee, it also attaches all property of the Defendant subject to
into the Garnishee's possession thereafter, until Judgment is entered against of the defendant which comes
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, therlat the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn durin_; the intervening period.
Civil Action No. 07-7253 CIVIL TERM
. n,
<
h
D ?-
--i
WWR No. 6230790
INTERROGATORIES IN ATTACHI` LENT
i . At the timc you were served or at any subsequent time did you owe the defendant any money or
were v?,u liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to hirn for any reason (including funds on deposit for checking or savings accounts and certificates of
deposit?
MFO
I a. If the answer to Interrogatory 1 is ir, the affirmative, state the following: the amount
of money yo? owe o.r owe: to defendant, and, if such money is in the form of a fund, the present location thereof,
the terms, f ,,,,,e amotiat and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
2. At tho time you were served or at any subsequent time was there in your possession, custody or
control of yourself ?,,id one or more other persons any property of any nature owned solely or in part by the
defendant.
10 U'
At the time you were served or at any subsequent time did you hold legal title to any property of
any nat?:re owned solely or part by the defendant or in which defendant held or claimed any interest?
CIA
4. At t},e time you were served or at any subsequent time did you hold as fiduciary any property in
%\'hich the defendant had an interest?
Ov
?. At w v 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?
f,. At Tiny tine after you were served did you pay, transfer, or deliver any money or property to the
defendant or o any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you?
UIVIN7
7. If you a?::, a bank or other financial institution, at the time you were served or at any subsequent
tine did the defend.. nt 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 Pi, misylvania or federal law? If so, Identify each account and state the reason for the exemption,
the amount being wi-MeV under each exemption and the amount of funds in each account, and the entity
electronically depositing those funds on a recurring basis.
AN
WWR No. 6230790
8. If you arv 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 fiends, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If
so, identif, each account.
PA
9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these
interrogatories on this institution.
A'N
10. If the ans ver to Interrogatory 1 is in the affirmative, state the date the written instrument, checking
or savings account, certifi:ate 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 deposiv:d electronically on a recurring basis and which are is?entified as being funds that upon deposit
are exempt from exec:ution, levy or attachment under Pennsylvania or federal law?
.
2. If the response to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on
deposit I'!, 'he ;,ccounk.
WELTMAN, WEINBERG & RE.IS CO., L.P.A.
By:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA i52:9
(412) 434-7955
WWR No. 6230790
VERIFICATION
The undersitned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is C -
(Name)
(Title)
of garnishee herein,
(Company)
that he/she is duly <tuthor'ized to make this verification, and that the facts set forth in the foregoing
Answers to lnterrogato.-.es are true and correct to the best of his/her knowledge, information and belief.
?(SU?N ftRE)
OCT 19 2011 CATHY S FISHER
M&T BANK
WWR No. U-230790
WF i,TMA.F, WEINBEAG & RFIS CO., L.P.A.
BN'. Jam%?s i.' Warmbrodt, Esquire
I.D. No.41%524 .
436 Seventh Avenue, F.-It: -1400
Pittsburgh, FA 152-
Phone: 412.434: 7955
I- ax: 412.434.7959
File # 6230790
GM.-,C, U.C
''s.
and
M c: l' B/,'.,K
Gac,i ;_ .ee(s)
Attorney for 1"saintiff(s)
Cumberland County _
CJUI"t of Common Pleas
`mom
{
rte,:
N,_). 0 , 7?•; CIVIL TERM
PRAECIPE TO DISCONw fNU9 AT ' CIIMFNT EXF.CUTIC i
TO THE PRO V! NOTARY:
Kindly roark?d the above matter riiscuntinued ,:nci ended as t?. (<<+rnishee(s), M ? T BANK.
only.
WELT'MAN, WEINBI`IkG & RIMS CO., L. P.A.
Ey - -
J;.,mes C rm)rodt, Esquire
A;1ornev Air PI -rind i
Sw,_.rn to ar,d subscribed
-e me rl;g. ' _ day of Oe±a,-er, ':OI I
t)TARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal Public
Sheila G. Bevan, Notary
Ross-rwp., Allegheny County
My Commission Expires Nov. 15, 2014
MEMBER, PENNSYIVANS.A ASSOr7AT(ON OF NOTARIES
Gz pd OL
0-)(p7?M-' C)