The URL can be used to link to this page

Home My WebLink About08-0358{ J, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: DS- W$ CtVtl lean vs. STEVE E OLBETER COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06362898 C A Pit WLG 1 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No STEVE E OLBETER 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 Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: STEVE E OLBETER 111 CHESTNUT AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX7779 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 December 31, 2007 , in the amount of $2724.61 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 $500.00 . 4 46 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 , STEVE E OLBETER INDIVIDUALLY , in the amount of $2724.61 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. Jarmbrodt,42524 WEINBERG & REIS CO., L.P.A. 4en h Avenue, Suite 2718 Prg , PA 15219 (V41) 3 -7955 F -338-7130 08 C A Pit WLG This law firm is a debt collector atttpj?`ting to collect this debt for our client and any information obtained will be used for that purpose. OW ¦vv 1%W ? L. n $2,724.61 -we H,count Number ending in 7779 CARD I $384.00 Enter Amount Enclosed Below Payment Due Date $ November 22, 2007 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly 11 mum payment plus the overlimit amount of 23 SDSN6A01 0005656 mi STEVE OLBETER $724.61. 111 CHESTNUT AVE Make payments on your schedule, in advance or on the same day as your due CARLISLE PA 17013-3871 date. Visit Disooveroard.oom/ to make an online payment todayYments PO BOX 15251 Address, e-mail or telephone change? Print change in s ce WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail address to 1 111111„ receive important Account information and special offers. 000006011002372957779027246100000000038400 Discover Card Account Summary ;Account number ending in 7779 Closing Date: October 23, 2007 page 1 of 1 Payment Due Date November 22, 2007 Minimum Payment Due $384 00 Previous Balance Payments And Credits $2,584.32 . Credit Limit $2 000 00 Purchases 0.00 , . Credit Available $0 00 Cash Advances + 78.00 . Cash Credit Limit $1 100 00 Balance Transfers + 000 , . Cash Credit Available $0 00 Finance Charges + 0.00 , New Balance +_ 62 29 61 You may be able to avoid Periodic Finance Charges Se e $2 re th verse side for details. , e e Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bonus Earned ?00 Cashback Bonus® Anniversary D Cashback Bonus Balance Available to Rede $ 7.65 ate: November 23 em $ 0.00 ;How Can We Help You? For A Please have your Discover Cord available ccount inquiries, write to us at: Discover More Card PO B . Manage your account onlms of Discowrdard.com , ox 30943 Salt Lake City, UT 84130 Customer Service: 1.800-DISCOVER 11-800.347-2683 Fo co see r v TDD r ass (Tebistanccee s Device for the peq}); For see r Transactions e er , , ever se side. $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date ;Other/Miscellaneous Oct 23 Oct 23 OVERLIMIT FEE Oct 23 Oct 23 LATE FE E 39.00 Information For You 39.00 * * * ATTENTION * * * Your account is seriously post due. payments should be made immediately. Payment of the amoun ItTlarrangement3 for future Finance Charge Summary Average Daily Nominal Dail ANNUAL Bala Periodic PERCENTAGE des ANNUAL PERCENTAGE Periodic Transaction Fee Rate`_ RATES current billing period: 30 days RATES _ CHA GES FINANCE 'Purchases $1778.83 0.079423a Cash Advances $835.47 28.99% F 0 07942 28.99% $42 38 . , 28.99% F The rates that apply to your Acc t 28.9930 . $19.91 none $0 oun are either fixed (F) or the may va Y Y ry (V) as noted above. Wish you could sort these purchases by amount descri tio , p n or category? You c your purchases online as for back as 12 months. Learn rn- .,+ _.. register at Discovercard.com an - to view 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 Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) 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. (Signature) WWR # 6362898 STEVE E OLBETER 6011002372957779 1' - l.. j f (li Ul r? O "" 00 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00358 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS OLBETER STEVE E MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OLBETER STEVE E the DEFENDANT , at 0015:16 HOURS, on the 31st day of January , 2008 at 111 CHSTENUT AVENUE CARLISLE, PA 17013 by handing to CRYSTAL MARIE ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 ?A??O? ? 3 Sworn and Subscibed to before me this day So Answers: l• R. Thomas Kline 02/05/2008 WELTMAN WEINBER E By. , Deput She Iff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEVE E OLBETER Defendant No. 08-358 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06362898 Judgment Amount $ 3224.61 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. 08-358 CIVIL TERM STEVE E OLBETER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEVE E OLBETER above named, in the default of an Answer, in the amount of $3224.61 computed as follows: Amount claimed in Complaint $2724.61 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $3224.61 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By. WILLIAM T. MO zAN, 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#06362898 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: 111 CHESTNUT AVE CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff STEVE E OLBETER Defendant(s) IMPORTANT NOTICE TO: STEVE E OLBETER 111 CHESTNUT AVE CARLISLE,PA 17013 Date of Notice: oa J???oB WWR#: 06362898 Case # '? - 5S6 - (? \U i L TERM 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 WA&.j U V 61 W O,.-- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 08-358 CIVIL TERM Plaintiff VS. STEVE E OLBETER Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, STEVE E OLBETER 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, STEVE E OLBETER is not in the military service. Further Affiant sayeth naught. / AFFIANT SWORN TO AND SUBSCRIBED in my presence this,2j_ day of _?. NO ARY PUB Vv_ayneA.. , r'Jrt.:::;r,r 51,It"JjC; Crfiy ?)f n,?Ry t iint:f SJ em> z Ll.. v , es 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 MAR-20-2008 07:06:46 Last Name First/Middle Begin Date Active Duty Status Service/Agency OLBETER 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. 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: ft://www.defenselink.mil/fag/pis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prq_Select 3/20/2008 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: QDUTNFLRZJ https://www.dmde.osd.mil/scra/owa/scra.prc_Select 3/20/2008 Q _ 0 a 7 ? J r-- 00 + " r W- ter. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-358 CIVIL TERM STEVE E OLBETER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju gment was entered against you 4 on (xx) Assumpsit Judgment in the amount of $3224.61 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: PRO ONOT D PUTY) STEVE E OLBETER 111 CHESTNUT AVE CARLIS.LE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7's Avenue, Pittsburgh, PA 15219 1-888434-0085 i ? i tZ 0-.;Ji' !CE 20 10 FEB 16 P Z: 57 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEVE E OLBETER, III Ches+nu+ Ae COLPI isle , f* 17013 Defendant No. 08-358 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) NATIONAL CITY BANK, Jos Mo6le I&Ivd COL SIC , PA 17013 Garnishee, 0 .*'g4.s0 PD A'nY 3Q,so C'SF 78.50 14. oo a. s0 152.30 -Pp Arty 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#6362898 4-2-00 bueeb 5o I-L 4-510019 ?''? a3nro?l ?M ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEVE E OLBETER Defendant NATIONAL CITY BANK, Garnishee Civil Action No. 08-358 CIVIL TERM 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 STEVE E OLBETER, Defendant 3. against NATIONAL CITY BANK, Garnishee 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 3,224.61 $ 279.39 $ 3,504.00 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William Molczan, E uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362898 N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-358 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From STEVE E. OLBETER, 111 Chestnut Avenue, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: NATIONAL CITY BANK, 105 Noble Blvd, 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 $3,224.61 Interest -- $279.39 Atty's Comm % Atty Paid $152.30 Plaintiff Paid Date: 2/16/10 L.L. $.50 Due Prothy $2.00 Other Costs ?r David D. Buell, Prothon ary (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 FILE , ;E 2010 F. i1R 2 9 `a 1 3: 5 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 08-358 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) STEVE E OLBETER Defendant PNC BANK, Garnishee, 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 SeveMb Aveme Pittsburgh, PA 15219 (412) 434-7955 WWR406362898 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-358 CIVIL TERM STEVE E OLBETER, lit C'he,%+m+Ave , OAOIS[e-, PA 1-7011 Defendant PNC BANK, 105 I)obke a1?d OzAiste. PA 1`1013 Garnishee 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 STEVE E OLBETER, Defendant 3. against PNC BANK, Garnishee 4. Judgment Amount $ 3,224.61 Interest COSH'S SUBTOTAL: O s Costs (to be added by Prothonotary): as . 8o CBF- T8. 5o 14.oo ., del. v o ?? 173.30 - P b Arry ?a.oo pc?e? $ 303.24 $ $ 3,527.85 WELTMAN, Wr9BERG & REIS CO., L.P.A. By: / cr Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEMBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CK---d 8924.41,C) l?? ?3QGsso IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-358 CIVIL TERM STEVE E OLBETER Defendant PNC BANK Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: STEVE E OLBETER Defendant(s); (1) You are also directed to attach the property of the defendant not levied upon in the possession of PNC BANK, as garnishee, 105 NOBLE BLVD CARLISLE, PA 17013 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 $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123. (2) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify [him] such other person that he or she has been added as a garnishee and is enjoined as above stated Amount due ..........................................$ 3,527.85 Costs to be added .................................. $ Prothonotary Deputy DATED: WWR#06362898 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK Plaintiff No. 08-358 CIVIL TERM vs. STEVE E OLBETER Defendant PNC BANK Garnishee WRIT OF EXECUTION NOTICE This paper is a "Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $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: O (1) set aside in kind (specify property, to be set aside in kind: O (2) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE FOLLOWING EXEMPTIONS: (a) my $300.00 statutory exemption: (_) in cash in kind (specify property): (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-358 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From STEVE E. OLBETER, 111 Chestnut Avenue, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 Noble Blvd, 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 $3,224.61 L.L. Interest -- $303.24 Atty's Comm % Due Prothy $2.00 Atty Paid $173.30 Other Costs Plaintiff Paid Date: 3/29/10 4 Davi D. Buell, Prothon tary (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS C O, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4 , OFFICE %F .,,E s-t-RIFF FIL? J ;.?F THE F" r,rAF?Y 11 Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 APR 12 AN 9: 07 CUA ,' - v t'? I [' f - ( PEN,, Bank vs. Steve E Olbeter Case Number 2008-358 SHERIFF'S RETURN OF SERVICE 04/08/2010 11:50 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2010 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Steve Olbeter, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, bj handing to Susan Martinez, Financial Sales Consultant 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 04-09-10 to Steve E. Olbeter at 111 Chestnut Avenue, Carlisle, PA 17013. SO ANSWERS, • t: April 09, 2010 RON R DERSON, SHERIFF i iam Cline, Deputy (C) CountySuite Sheriff. Teleosoff. Inc. OF 7WV', SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK VS. STEVEN E. OLBETER and 2111 APR 16 Atilt: 37 C CX?LA+EI'Y COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 08-358 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the above-captioned matter. Date: ishee, in I SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK ZOtO APR 2Q Pty 2' 49 cU?? ,.E:u?1TY PEJ3 J' i5wVF\W ' COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. STEVEN E. OLBETER and : NO. 08-358 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACIIMENT TO: DISCOVER BANK, Plaintiff 1. No. 2. Account titled Steven E. Olbeter has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, and allowing for the general monetary exemption under 42 Pa.C.S. § 8123 there is a balance of $664.93. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached funds. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funs, did not monetary exemption under 42 Pa.C.S. § 8123? (A) No. of the general Dated: Attorne?r Garnishee i VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. Re: Discover Bank vs: Steven E. Olbeter / Name Operations Work Leader 1 Title DATE: 4-14-2010 Lit-233946.1 iL 2010 r1%' -7 f ii 3• S0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 08-45+CNIL TERM VS. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE STEVE E OLBETER Defendant PNC BANK Garnishee 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR906362898 #- #Jtl do oy t?rbt?? 9??ISX yY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff 351 VS. Civil Action No. 08-2-H CIVIL TERM STEVE E OLBETER Defendant PNC BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PNC BANK, in the amount of $664.93, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to interrogatories. WELTMANJMNBERG & REIS CO., L.P.A. By: MATTHEW D. URBAN, ESQUIRE PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR406362898 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 SIRLIN GALLOGLY & LESSER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JON C. SIRLIN TIMOTHY A. GALLOGLY PETER A. LESSER* JOHN D. BENSON* SUSAN J. KUPERSMITH* t DANA S.PLON* DOROTHY ANNE HAMILL LISA M. RUTENBERG JERRY I. DREW** KIERSTIN M. LANGE ADAM NACHMANI t PA & NJ BAR ++? PA & NY BAR - PA, NJ, MD & VA BAR t COUNSEL April 15, 2010 Matthew D. Urban, Esquire 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Re: Discover Bank vs. Steven E. Olbeter and PNC Bank, National Association, Garnishee Dear Mr. Urban: PENNSYLVANIA OFFICE 123 SOUTH BROAD STREET SUITE 2100 PHILADELPHIA, PA 19109 (215) 864-9700 FAX (215) 864-9669 NEW JERSEY OFFICE 102 BROWNING LANE BUILDING C CHERRY HILL, NJ 08003 (856) 616-1900 FAX (856) 216-7459 Enclosed herein please find a copy of Garnishee's Answers to Interrogatories, which I am filing with the Prothonotary on behalf of PNC Bank, National Association in the above matter. Please note that PA R.C.P. No. 3123.1(c) prohibits Entry of Judgment against Garnishee until the expiration of twenty days from the date of service of the Writ of Execution upon garnishee. Please be advised that pursuant to 42 PA C.S.A. Section 2503, the Garnishee's fee and costs in the minimum amount of $300.00 will be deducted from Defendant's account at the time of Entry of Judgment. PLEASE DIRECT ANY INQUIRIES TO - (215) 864-9700, EXT. 33. \pm Enclosure Si r y, JON C. SIRLIN SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. STEVEN E. OLBETER and NO. 08-358 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK, Plaintiff 1. No. 2. Account titled Steven E. Olbeter has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, and allowing for the general monetary exemption under 42 Pa.C.S. § 8123 there is a balance of $664.93. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached funds. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funVs, did not monetary exemption under 42 Pa.C.S. § 8123? (A) No. of the general Dated: _ AttorneV-1!&r Garnishee VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 181'a. C.S. s4904, relating to unsworn falsification to authorities. Re: Discover Bank vs: Steven E. Olbeter Name Ouerations Work Leader 1 Title DATE: 4-14-2010 Lit-233946.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff 359 vs. Civil Action No. 088" CIVIL TERM STEVE E OLBETER Defendant PNC BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 5_/I/ lo (xx) Assumpsit Judgment in the amount of $664.93 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: PRO NOTARY R DEPUTY) Pnc Bank 1.23 South Broad Street, Ste 2100 Philadelphia, Pa 19109 Attn: Tabitha Maitino SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK vs. STEVEN E. OLBETER and 2040 NA1 10 94 05 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 08-358 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PDIC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories Order to Discontinue or Satisfy: Other: $300.00 $ 0.00 $ 0.00 Costs are hereby taxed in the amount of $ 2010. DISCOVER BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. c7 a c, STEVEN E. OLBETER :71: 7 : 1 Fm N0.08-358 cv -? and , PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.# R. ORDER TO SATISFY JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgment entered against the Garnishee, PNC Bank, National Association, in the above matter, satisfied upon payment of your costs only. MATTHEW D. URBAN Attorney for Plaintiff o' //0 Dated: 5 +goo PD AT" of qoqq3a4 0 a4aecq G%/ZC:::16q1K ' ' ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r'°'9=' ~-~~ ~,~,~ ~ xa Sheriff ,~ 1 ~ 1 ~, C~, ~, ~"~!ra ~,~ it a( 4~iir,G~. E:s ; Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~r~ ~1,r~~~ ;k'" ~~lF~ ~~~ "~ h;~ !Q~ ~ r1 ~~~1~~~t~~.~~'~t i`~~-~. ~ ~~l~l~ i!1-if°t h+ jJ y Discover Bank vs. Steve E Olbeter Case Number 2008-358 SHERIFF'S RETURN OF SERVICE 04/08/2010 11:50 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2010 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Steve Olbeter, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Susan Martinez, Financial Sales Consultant 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 04-09-10 to Steve E. Olbeter at 111 Chestnut Avenue, Carlisle, PA 17013. 11/02/2010 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: $86.99 SO ANSWERS,+ ~,+~ November 02, 2010 RON R ANDERSON, SHERIFF B S aron R. L z ~` 7~ ~'~3 ~~~~o~~~ (ci GoimtySui[n Sheriff_ i"eieo ;oft, hx;. WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 06362898 C A Pit SJS Attorney for Plaintiff(s) DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. STEVE E OLBETER CASE NO. 08-358 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant STEVE E OLBETER as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Mdlcza Attorney for Plai tiff $q.50 PO fctri elf ils50157 a#3044/6