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Home My WebLink About08-0982c IN THE COURT OF COMMON PLEAS OF.CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. ()S- 4$a C i V? l ler K vs. PHILLIP S WAGNER Defendant COMPLAINT IN CIVIL ACTION 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#06288173 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. PHILLIP S WAGNER 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098. 2. Defendant is an adult individual residing at 1113 SHANNON LN CARLISLE,PA 17013. 3. On or about JANUARY 22, 2004, Defendant duly executed a RETAIL INSTALLMENT SALE CONTRACT (hereinafter the "Contract") in favor of H & H CEVROLET-OLDSMOBILE- PONTIAC-CADILLAC, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2004 CHEVROLET CAVALIER LS. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from H & H CEVROLET-OLDSMOBILE-PONTIAC-CADILLAC to Plaintiff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $10769.86 is due from Defendant as of JANUARY 17, 2008. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 9.50% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $1500. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, PHILLIP WAGNER, individually, in the amount of $10769.86 with continuing interest thereon at the Contract rate of 9.50% per annum from JANUARY 17, 2008, plus attorneys' fees of $1500 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#:06288173 RETAIL INSTALMENT Dealer Number Buyer (and Co-Buyer)- Name and address (include county and zip code) PP11111-11' S WAGNER 16 RUSTIC OR under the agreements o Ilse Trot andbeck of this conntra?s You agree to payyuus the Creditor. Payment schedule shown below. our trade-in is a: Year 1 000".- . - Model FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments_ Total Sale Price RATE The cost of your The dollar a The amount of The amart y°U will have paid after The total cost of credit as a yearly mount th e credit will cost credit provided to YOU or You have made all your purchase on credit, includng rate. d CrA .. you. .__._ on your behalf. PSYments as schact your downlrayment ofS-. •.?.. .1 Your Payment Schedule Will Be: - _ -_? Number Amount When PaY11 of Payments of Payments men Is Or as $ Monthly beginning Are Due Follows 441 Late Charge. It a payment is not recelved in full within 10 days after 11 is due, you will pay a late charge. If the vehicle is a heavy commercial motor vehicle, the charge will be 4% of the pan of the payment that is late. If the vehicle is off-highway business or farm equipment, the charge will be 5% of the part of the payment that is late. Otherwise, the charge will be 2% per month of the pan of the payment that is late, figured based on a full calendar month for any pan of a month that is more than 10 days late. ProBaymesl. If you pay off all your debt early, you may be entitled to a refund of part of the finance charge. Security lntaroet. You are giving a security interest in the vehicle being purchased. Additional Informants; See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds and sac??dw r-- ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including any accessories, services, and taxes) 2 Total downpayment = (It negative enter '0' and see Ilne 4H below) $ t ) -.0640. jo- uu6b trade m S - off b sellers = net trade-in $ + sash $ + other Pal FBI' 7 $ $ (2) 3 Unpaid balance of cash odce mer I 4 Other charges including amounts paid to others on $b 9) kee part of these amounts.); your behalf (Sefier may A (Aat of optional credit Insurance paid to the Insurance company or companies Life Tenn $ Disability Term $ S B Other insurance paid to the Insurance can -N-AA- (describe) Term $ C Offtctal fees pail ro ant agencies • D Government taxes not Included in Oaah Price -- E $ GovemmeM limas and/or registration lees F Government certificate of title fees $ - T/r- linclucte then c s $ Security interest recording fee) $ (6 M O Other charges `eWN must identity who is paid ands describe purpose.) to for $ !41v,?' fqr ro 14kYkt1 rr.Nil`?e?-iitir_?? to GUARANTY &Abr ? D0 to Ncrgn rcr ter CAP S? ?_ i or?nr?,.S -rMr'+Yt{ IO for H Net trade-in payoff to H Net trade-in payoff to s---{?-?- Total other charges and amounts paid to others on your behallf - B Amount financed (3 +4) $ 141 6 Finance charge $ •Zt.J 7 Total of payments time balance (5+61 $? $ 7 You do nnr roof ... lllilll?llill III IIIIUIIUIINIAI806l86 1ney-ulds-Pont-Cadi 730 Fast King St. Amount Financed and Finance Charge accord I on creed rag to the Primary Use for Which Purchased ? p oat, family, Ofhousehold ? agdcultural ? MAhtess ?. Insurance. You may buy the physical damage insurance this contract requires (see back) from anyone you choose who is acceptable to us. You are not required to buy any other insurance to obtain credit. Your decision to buy or not buy other insurance will not be a factor in the credit approval process. If any Insurance is checked below, policies or certificates from the named insurance companies will describe the terns and conditions. Check the Insurance you want and sign below: Optional Credit Insurance. O Credit Life: ? Buyer ? Co-Buyer ? Credit Disability (Buyer Only) Premium: Credit Life $ Credit Disability A. (insurance Company) (Hans Office Address ) Credit life insurance and credit disability Insurance are not required to obtain credit. Your decision to buy or not buy credit fife Insurance and credit disability insurance will not be a factor in the credit approval Process. They will not be provided urdess You sign and agree to pay the extra cost. Credit life insurance and credit disability insurance are for the term of this contract unless a different term for the Insurance is shown below. Other Insurance. Type of Ins Te"N Premium $ ArlsuraC -.Company) N {Rome Office Address) I want the insurance checked above X Buyer Signetunt Date X Co-Buyer Signature Date ANY INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. -- __„t,.,,-, IF- may 1090 your motor vehicle. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. An contract must be in writing and we must sign it. No oral changes are bind Buyer Si ns X ? 7; ?L Y change to the Co-Buyer signs X 11 any part of thi contract Is no tid, all other parts sta valid. We may delay or retrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some paymentg without extending the time for making others. See back for other Important agreements. Do not sign this contract on a Sunday. Notice to Buyer. Po not si n this contr Gt n blank. You are entitled to an exact copy of the contract you sign. Keep t to prot8Ict your legalarig?ts. 3uyer Signs x ?`? e CO-Buyer Signs X ZCo-Bryan earl ar Owner - co-buyer is a arson w Date tot hOr r pa I ave to the the debt. The co-buyer or other owner knows that we have a security In erest in nlthe vehicle eanother owner is a d consents to the security interesme is on the title to the vehicle but does )that owner signs here X Date Address .redder Signs X P ? !? Date By X Title fou qa fee t the terms f this contra t. Y u c 7w tFt leaf r ou si red this c ntract, we ve it HI1 gi- r; clipy?flrohen you rigne? hake anc? rev?ew it, ou con il?m thaI you receved a completely luyer Signs X/L-.- Seller assigns its interest in this contract to General Corporation (GMAC) under the terms of the GMAC Retail Plan agreement. Co-Buyer Signs X Date EXHIBIT 109 PA 812003 (For Use in the Slate of Pennsylvania) If of 4) Notice: See Other Side 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/ ('n1 • Amon 0=4 Qdno i sh-t&V of (Name) 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#06288173 N 0 4 c c? `n 00 W t't'1 ? CSI r ?.. CD SHERIFF'S RETURN - REGULAR CASE NO: 2008-00982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS WAGNER PHILLIP S TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER PHILLIP S the DEFENDANT , at 1600:00 HOURS, on the 14th day of February-, 2008 at 1113 SHANNON LANE CARLISLE, PA 17013 PHILLIP S WAGNER by handing to 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 Service Affidavit Surcharge a-lav /0 k So Answers: 18.0 0 9.60 .00 10.00 R. Thomas Kline .00 37.60 02/15/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC Plaintiff vs. PHILLIP S WAGNER Defendant No, 08-982 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#6288173 Judgment Amount $ 12,524.94 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC Plaintiff vs. Civil Action No. 08-982 CIVIL TERM PHILLIP S WAGNER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PHILLIP S WAGNER above named, in the default of an Answer, in the amount of $12,524.94 computed as follows: Amount claimed in Complaint $10,769.86 Interest from JANUARY 17, 2008 to APRIL 17, 2008 at the contract interest rate of 9.50% per annum $255.08 Attorney's fees TOTAL $1,500.00 $12,524.94 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 MOLC7ON, 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#6288173 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1113 SHANNON LN, CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff PHILLIP S WAGNER Defendant(s) IMPORTANT NOTICE TO: PHILLIP S WAGNER 1113 SHANNON LN CARLISLE,PA 17013 Date of Notice: WWR#: 06288173 Case # -06- C18 a. 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: - cvu c? 6000 &- v- -? 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 GMAC,LLC Case no: 08-982 CIVIL TERM Plaintiff vs. PHILLIP S WAGNER 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, PHILLIP S WAGNER 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, PHILLIP S WAGNER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO ANN SUBSCRIBED in my presence this day of i9orf 1 n.n?oor. COMt1i;'OIVWEAL r i- C, 7?:_'.IS I_VANIA Notarial Seal PUBLIC Wayne A. Jones, Notary Public Of Pittsburgh, A'egheny County EM:c:Omm issi on PxDire;S; ; J(jne 29, 2010 Member, Pann o ' Notaries 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 Ank Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-17-2008 05:32:53 Last Name First/Middle Begin Date Active Duty Status Service/Agency WAGNER PHILLIP 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. )ut 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/f_aci/Dis/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 4/17/2008 Request for Military Status Page 2 of 2 by th,;; requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: CIHUTQXPUZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/17/2008 l") ^J .. 95 d ? t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC Plaintiff vs. Civil Action No. 08-982 CIVIL TERM PHILLIP S WAGNER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following ent was entered against you Order or Juraq on (xx) Assumpsit Judgment in the amount of $12,524.94 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 PHILLIP S WAGNER 1113 SHANNON LN CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant MEMBERS FIRST FCU, Garnishee, PENNSYLVANIA No. 08-982 PRAECIPE FOR (BANK ATTACK OF EXECUTION and LEVY) FILED ON BEHALF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, E,, PA I.D. #47437 WELTMAN, WEINBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 & REIS CO., L.P.A. WWR#6288173 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 08-9 PHILLIP S WAGNER.1113 N-annon lane, CArltsle , PA 11013 Defendant MEMBERS FIRST FCU, I'711 SPriru3 Rd ?C.a,rl(sle, PA 1'I01 S 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 PHILLIP S WAGNER, Defendant 3. against MEMBERS FIRST FCU, Garnishee 4. Judgment Amount Less payments of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): WELTMAN, WEINBE By: William T. Molczan, E PA I.D. #47437 WELTMAN, WEINBI 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288173 , PENNSYLVANIA $ 12524.94 $ 62.40 $ 549.73 $ 13012.27 & REIS CO., L.P.A. & REIS CO., L.P.A. O r -f/h O O0 o ?J O O tip' t t Cis ? . f cr i WRIT OF EXECUTION and/or ATT COMMONWEALTH OF PENNSYLVANIA) NO 08-902 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC., Plaintiff (s) From PHILLIP S. WAGNER, 1113 Shannon Lane, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell my and all personal property. (2) You are also directed to attach the property of the defendant(s) not levied on in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FCU, 1711 Spring Road, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the ga 'shee(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 and in the possession of anyone other than a named garnishee, you are directed to notify him/her that lie/she has been added as a garnishee and is enjoined as above stated. Amount Due $12,462.54 Interest -- $549.73 Atty's Comm % Atty Paid $157.10 Plaintiff Paid Date: 2/10/09 L.L. $.50 Due Prothy $2.00 Other Costs R. (Seal) By: 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 RECEIVED FF8 13 2009 WWR#6288173 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PHILLIP S WAGNER Defendant and MEMBERS FIRST FCU Garnishee No. 08-982 -)Z? INTERROGATORIES IN ATTACHMENT 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#6288173 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 08-982 TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-2985 1711 SPRING RD CARLISLE PA 17013 RE: PHILLIP S WAGNER 1113 SHANNON LN CARLISLE PA 17013 IMTORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? n D I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. n (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. 0 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? n'D 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? n D 0 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? n0 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. V) 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. WELTMAN, WEINBERG & REIS 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 15219 (412) 434-7955 WWR#6288173 A I I@ MEMBERS 1St FEDERAL CREDIT UNION February 13, 2009 Name: Phillip S. Wagner Address: 826 N. West Street Carlisle, PA 17013 Account Number: XXX511 Name on Account: Phillip S. Wagner Steven L. Wagner (Joint) Steven L. Wagner (POA) Savings: $1,306.48 2( 5.00) Processing Fee $1,281.48 $300.00 Statutory Exemption was not taken out. jA - a. *qv Tania S Young Deposit Operations A lyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org 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 t ?--'S b (I J (Name) 1*'f&d)ft''On4)tOf He?4eo PT-Fm' , 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. (SI NA ) ?-.s C'? c? , . ? . , i t ?:? {'71 ?_ 5 C _ -rti: t.? ? ? t' _. a:-" i--?,.. ?,,,? .. ..' . ?,? r, ? I ""y , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PHILLIP S WAGNER Defendant MEMBERS FIRST FEDERAL CREDIT UNION Garnishee No. 08-982 PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05453574 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 08-982 PHILLIP S WAGNER Defendant MEMBERS FIRST FEDERAL CREDIT UNION Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MEMBERS FIRST FEDERAL CREDIT UNION, in the amount of $981.48, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: W , r/-k2: ? f = WILLIAM T. MOLCZ , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#05453574 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 1711 SPRING ROAD, CARLISLE, PA 17016 ?r A MEMBERS 1St FEDERAL CREDIT UNION February 23, 2009 William T. Molczan, Esq. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: Writ of Execution for Phillip S. Wagner Dear Mr. Molczan: A search of our records has revealed one (1) savings account bearing the name Phillip S. Wagner with an address of 826 N. West Street, Carlisle, PA 17013. The savings account reflects a balance or $981.48. Pursuant to the writ, all funds in the aforementioned accounts have been frozen and the accounts have been restricted from any further activity. Pursuant to Rule 3111.1 of Title 231 as promulgated and made effective on April 1, 2007, the total balance of both accounts exceeds the general monetary exemption under 42 Pa. C.S. § 8123 and are therefore attachable. The full amount of the attachable funds is contained in the interrogatories as filed with the Cumberland County Prothonotary. Since the funds contained in these accounts are attachable, and the accounts have been frozen and restricted from any further activity, no additional funds will be available for attachment. Should you have any questions or need any additional information, feel free to contact me at (800) 283-2328, ext. 5125. Sincerely, U Tania S You g Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwrnemberslst.org t?3 S`SS WWR#6288173 RECEIVED FEB 2 3 2009 RECEIVED FEB 13 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PHILLIP S WAGNER Defendant and MEMBERS FIRST FCU Garnishee No. 08-982 INTERROGATORIES IN ATTACHMENT 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#6288173 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PHILLIP S WAGNER Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 08-982 TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-2985 1711 SPRING RD CARLISLE PA 17013 RE: PHILLIP S WAGNER 1113 SHANNON LN CARLISLE PA 17013 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? no 1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ,n ra, 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? 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? r1 r V 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? no 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? n b 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ALL AAJ-/ WELTMAN, WEINBERG & REIS CO., L.P.A. By: ,y--7- William T. Molczan, Esquire U PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288173 C February 13, 2009 IVI St MEMBERS 1St FEDERAL CREDIT UNION Name: Phillip S. Wagner Address: 826 N. West Street Carlisle, PA 17013 Account Number: XXX511 Name on Account: Phillip S. Wagner Steven L. Wagner (Joint) Steven L. Wagner (POA) Savings: $1,306.48 2( 5.00) Processing Fee $1,281.48 $300.00 Statutory Exemption was not taken out. Tania S Young Deposit Operations An st 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org 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 ap tcz- 5 f.ou-nq (Name) h?n-4 fi&tf WO Wrs [IT F 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. (SIG A ) v oa ? as o .? Q ' " V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 08-982 PHILLIP S WAGNER Defendant MEMBERS FIRST FEDERAL CREDIT UNION 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 3 (xx) Assumpsit Judgment in the amount of $981.48 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: 40. 101'A O Y (OR DEPUTY) Members First Federal Credit Union 1711 Spring Road Carlisle, Pa 17013 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. 08-982 vs. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE MEMBERS 1ST FEDERAL CREDIT UNION ONLY PHILLIP S WAGNER Defendant MEMBERS I ST FEDERAL CREDIT UNION Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 William T. Molezan, Esquire PA. I.D.947437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06288173 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee Civil Action No. 08-982 PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE, MEMBERS 1ST FEDERAL CREDIT UNION, ONLY TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and mark the cost paid as to Garnishee, MEMBERS 1 ST FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA I.D # William' PA. I.I)! brodt rolczan, Esquire 437 WELAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06288173 Sworn to and subscr Before me the NQ MARY PUBLIC NO?? ?i SCI Jennifer M. Borowski, (Votary Public City of Pittsburgh, Allegheny County My Commission Flfnimft Feb. 22, 2012 Member, Aasocfatlon -* 8.oo Po ATN C4("v 4CO4 1?0 P_T'a Iaq&74 V t GMAC LLC VS Phillip S. Wagner Writ of Execution Docket No. 2008-982 Civil Term TICE OF TO WTARY 2004 OCT -2 AM 8: 39 u CUNTY PENNSVLVAI' ilk R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriffs Costs: Docketing $18.00 Surcharge 40.00 Garnishee 9.00 Levy 20.00 Mileage 4.80 Prothonotary 2.00 Law Library .50 Poundage 1.89 ? i b?e?44 $96.19 So Answers: R. Thomas Kline, Sheriff BY Q 0&k?., .S? Sergeant a.LWCv 6t 7z a $? ?i ?nf -'e' WRIT OF EXECUTION and/or ATTACHMENT t COMMONWEALTH OF PENNSYLVANIA) NO 08-982 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC., Plaintiff (s) From PHILLIP S. WAGNER, 1113 Shannon Lane, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FCU, 1711 Spring Road, 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 $12,462.54 L.L. $.50 Interest -- $549.73 Atty's Comm % Due Prothy $2.00 Atty Paid $157.10 Other Costs Plaintiff Paid Date: 2/10/09 C is R. Long, Aary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTM.AN, 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 µs h l .E 0 0 i 9li OR FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 23 AM 11.31 OO PENNSYLVVANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant No. 08-982 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) MEMBERS 1 ST FEDERAL CREDIT UNION, 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 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06288173 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant MEMBERS I ST FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: Civil Action No. 08-982 PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against PHILLIP S WAGNER, Defendant ?II3 17d13 3. against MEMBER 1sT FEDERAL CREDIT UNION, Garnishee 1 I I ?p•-r l?oa d? C?-r frsle? i -70 13 4. Judgment Amount $ 12,524.94 Less payments of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): v ?? any s 7 ? S? COG'? s /Y 0 a _ X16 qi s g'. C7 s 3A? 2 P d? t;? ? ?8'G 99(0? a,67 r&? $ -1043.8 IIjqYl.6 $ 1,212.26 $ 12,693.32 WELTMAN, WEINBERG & REIS CO., L.P.A. 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 4'j,o6 T)we Cd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-982 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC Plaintiff (s) From PHILLIP S. WAGNER,1113 SHANNON LANE, 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 MEMBERS 1sT FEDERAL CREDIT UNION, 1711 SPRING ROAD, CARLISLE, PA17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$11,481.06 Interest $1,212.26 Atty's Comm % Atty Paid $297.29 Plaintiff Paid Date: November 23, 2010 (Seal) L.L. Due Prothy $2.00 Other Costs David D. Buell, Protho tary By: Deputy REQUESTING PARTY: Name Matthew D. Urban, Esq. Address: Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 90963 ¦ > "CEM FILED-OFFICE DEC 01 Zf1 O THE PROTHONOTARY 2010 DEC -2 PM 2: 29 CUMBERLAND COUNTY IN THE COURT OF C "MIhA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant and MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee No. 08-982 f??sall? INTERROGATORIES IN ATTACHMENT MEMBERS IsT FEDERAL CREDIT UNION 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#06288173 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PHILLIP S WAGNER Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee Civil Action No.: 08-982 TO: MEMBERS 1sT CREDIT UNION Suggested Reference No.: XXX-XX-2985 1711 Spring Road Carlisle 17013 RE: PHILLIPS WAGNER 1113 SHANNON LANE CARLISLE, PA 17013 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 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 hi?n for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? N) ) 1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location 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. n ia- 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. r) / l 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? n() 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? , ^ 6 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entit electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 'Y'i X 5 1 _ ?? 3 5 -00 Pfoces (IFee 3,5a 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. n `a- 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. n GL, 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? no 12. If the response to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on deposit in the account. n?& WELTMAN, W NBERG & REIS CO., L.P.A. B 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#06288173 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 ishe J U o ik ?, You m i (Name) 0"f4ffhm"S Ut ?Q,l S? o f . M ?Q(S I ?r P,LL 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. (S] GN SS :Z d hZ AON 0lOZ ?i 31S ?1 _:0 if 0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor '?F c G ' - ? _u,FF FILED-OFFICE CF THE PROTHONOTARY 2010 DEC -7 AM 8: 20 CUMBERLAND COUNTY PENNSYLVANIA GMAC LLC vs. Phillip S Wagner Case Number 2008-982 SHERIFF'S RETURN OF SERVICE 12/01/2010 12:40 PM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2010 at 1233 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named efendant, to wit: Phillip S. Wagner, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylva is 17055, by handing to Jody Burkholder, Deposit Analyst personally three copies of interrogatories togethe 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 Shannon Lane, Carlisle, PA 170 December 02, 2010 o defendant was mailed on December 3, 2010 to Philip S. Wagner, 1113 3. iol Count Suite srentt, 7eleoso`:t, inc_ SO ANSWERS, RON R ANDERSON, SHERIFF Sheldon Marshall, Deputy- WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I . D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6288173 Attorney for Plaintiff(s) C°) C ev C) Mw O ,,-::r) ::r) c-) M- -v r en r rn n CD , =o x? n -c, o-n 2- `? r"? CDr •, GMAC, LLC vs. PHILLIP S WAGNER and MEMBERS 1sT FEDERAL CREDIT UNION Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 08-982 PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1sT FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the /-.? Day of DECEMBER, 2010 NOTARY PUBLIC C0MMMVg&" M1&LVANIA No" 3" SheMe G. Bevan, NoWy Public MY NOV. 15, ROSS "rwV., Ak M COUKY 14 MEMBER pEggSYLVANU OF N?fARIES ,?D ? 411 Oso-')- A $a 57-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY ???tE,tp di 4n+rtt??rf??? Jody S Smith . Chief Deputy 2011 AUG 23 PH 3: 52 r Richard W Stewart CUMBERLAND COUNTY Solicitor OFVZE aF -ERIFF PENNSYLVANIA GMAC LLC Case Number vs. Phillip S Wagner 2008-982 SHERIFF'S RETURN OF SERVICE 12/01/2010 12:40 PM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2010 at 1233 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Phillip S. Wagner, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Jody Burkholder, Deposit Analyst 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 December 3, 2010 to Philip S. Wagner, 1113 Shannon Lane, Carlisle, PA 17013. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.67 SO ANSWERS, Z2/? (;" 'X - August 22, 2011 RON R ANDERSON, SHERIFF 411 53 s3 ? a--* ( '_2 2 / ;c Cbumysutte SN'mff 7e,ecsatt. In;;