HomeMy WebLinkAbout08-2367I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
No. Da- 01.:x&7 Civi t (err,
COMPLAINT IN CIVIL ACTION
PETER J HOFFMAN
P.J. HOFFMAN ASSOCIATES, INC.
Defendants
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.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06385692
f
r
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No.
PETER J HOFFMAN
P.J. HOFFMAN ASSOCIATES, INC.
Defendants
COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by an attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by the court without further notice
for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
I
COMPLAINT
1. Plaintiff is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND, VA
23238.
2. Defendant, P.J. HOFFMAN ASSOCIATES, INC. , is a Pennsylvania corporation with a
last known address of 550 ST JOHNS DR CAMP HILL,PA 17011.
3. Defendant, PETER J HOFFMAN , is an adult individual with a last known address of 550
ST JOHNS DR CAMP HILL,PA 17011.
4. Defendants applied for and received a credit card issued by Plaintiff bearing the account
number XXXXXXXXXXXX4007.
5. Defendants made use of said credit card and has a current balance due and owing to
Plaintiff, as of MARCH 13, 2008, in the amount of $ 7,662.12. A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
6. Defendants are in default of the terms of the cardholder Agreement having not made
monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that the Cardholder Agreement between the parties provides the Plaintiff is
entitled to the addition of finance charges at the rate of 28.47% per annum on the unpaid balance.
8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed
and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants, PETER J
HOFFMAN P.J. HOFFMAN ASSOCIATES, INC. jointly and severally , in the amount of $ 7,662.12
with continuing interest thereon at the rate of 28.47% per annum from MARCH 13, 2008 plus 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. Moczan, 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#:06385692
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
HOFFMAN, PETER J
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this
Declaration, 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.
TRACY LOR
Notary Public
ARYONNE MABSON
NOTARY PUBLIC
DEKALB COUNTY, GEORGIA
MY COMMISSION EXPIRES OCT. 29, 2011
4115072036634007
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02367 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
HOFFMAN PETER J ET AL
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland ounty,Pennsylvania, who being duly sworn according to law,
says, the w thin COMPLAINT & NOTICE was served upon
PJ HOFFMAN iSSOCIATES INC tl,r-
DEFENDANT
at 550 ST J
CAMP HILL,
PETER J HOF
at 1105:00 HOURS, on the 30th day of April 2008
DRIVE
'A 17011
OWNER
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 C sts:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
?? p ? .00
16.00
Sworn and S bscibed to
before me this day
of ,
So Answers:
t
R. Thomas Kline
05/01/2008
WELTMAN WEINBERG REIS
By:
Deputy Sheriff
A. D.
` - i
CASE NO: 2008-02367 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CQMBERLAND
CAPITAL ONEiBANK
VS
HOFFMAN PETER J ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland C unty,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HOFFMAN PETER J the
DEFENDANT
at 1615:00 HOURS, on the 29th day of April , 2008
at 550 ST JOHNS DRIVE
CAMP HILL. PA 17011
DONNA HOFFMAN, WIFE
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the some time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00
.00
s16-7 ?,p / 42.00
Sworn and Su scibed to
before me this day
of ,
So Answers:
R. Thomas Kline
05/01/2008
WELTMAN WEINBERG REIS
By.
Deputy Sh f
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
vs.
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
Defendant
No. 08-2367-CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZ AN, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR#06385692
Judgment Amount $ 8,385.27
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
CAPITAL ONE BANK,
Plaintiff
vs.
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC
Defendant
Civil Action No. 08-2367-CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendants, PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC. above named, in the default of an Answer, in the amount of $8,385.27
computed as follows:
Amount claimed in Complaint
$7,662.12
Interest from March 13, 2008 to July 12, 2008
at the interest rate of 28.47% per annum $723.15
TOTAL
$8,385.27
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: 4 ljl-r 1 1 ?
WILLIAM T. M CZAN, 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#06385692
Plaintiff's address 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 Defendants is: 550 ST JOHNS DR
CAMP HILL,PA 17011
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES INC
Defendants
TO:
Pj Hoffman Assoc Inc
550 St Johns Dr
Camp Hill,Pa 17011
Date of Notice:
WWR#:06385692
CASE#: 08-2367-CIVIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILE:: TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TH COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W, 1 HIN 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 TALE :PHIS NOTICE TO A 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 LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF ?-E 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.
CUMBERLAND COUNT"
LAWYER REFERRAL SEW! .'?E
CUMBERLAND COUNTY BAR AS::-:CIATION
32 SOUTH BEDFORD STRF' "T
CARLISLE, PA 17013
.(717)249-3166
WELTMAN, 'EINBERG & REIS CO., L.P.A.
?
By: _?d kcw4A
PATRICK T1-'-)MAS WOODMAN
PA I.D. #345"..'.'
WELTMAN 'EINBERG & REIS CO., L.P.A
1400 KOPPEC.S BLDG, 436 7r" AVE.
PITTSBURG,' , PA 15219
(412) 434-79:"-',j
WWR #063K-92
1`
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES INC
Defendants
TO:
Peter J Hoffman
550 St Johns Dr
Camp Hill,Pa 17011
Date of Notice: ( 5 i_oz_
W WR#:063 85692
CASE#: 08-2367-CIVIL
IMPORTANT NOTICE
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 NOTICE TO A 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.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WELT-MMA?N,,-V'-EINBERG & REIS CO., L.P.A.
By: _ I`a lug. /1 4,-,4 k1A-1
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN WEINBERG & REIS CO., L.P.A
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
(412)434-795
W WR 406395692
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
vs
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
Defendants
Case no: 08-2367-CIVIL
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, PETER J
HOFFMAN
PJ HOFFMAN ASSOCIATES, INC. 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, PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC. is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO D SUBSCRIBED i y presence AwLy
of !J? .
Heidi ?. Kotarial seat
ARY PUBLI -.
ary a ??Y i'ublic
My ca„m?`"gt', Alieg?y co
Member. Pa,,,..r?!on EXp1r? ?bv. 4,
This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be
used for that purpose.
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
JUL-12-2008 07:41:55
Last Name First/Middle Begin Date Active Duty Status Service/Agency
HOFFMAN PETER J 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 rn. 1101d4_
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://vrwNv.defenselink.mil/faq/r)is/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.pre-Select 7/12/2008
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: SKIRPXJJPI
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/12/2008
O
00
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
vs. Civil Action No. 08-2367-CIVIL
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order o Ju gment was entered against you
on $ p
(xx) Assumpsit Judgment in the amount
of $8,385.27 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: S
PR ONOTARY (OR DEP Y) 04,6
PJ HOFFMAN ASSOC INC
550 ST JOHNS DR
CAMP HILL,PA 17011
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) N.A.
Plaintiff
No. 08-2367-CIVIL
VS. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY) MI1"U 0 COLk"
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
$5o ST. J014N6 AR.tve
Defendant G?µP >htj-. PA nol1
SUSQUEHANNA BANK,
W1 NorloAd Ave
Garnishee, n+? ?r9 PA 1*7&ol
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#06385692
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) N.A.
Plaintiff
VS.
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
Defendant
SUSQUEHANNA BANK,
Garnishee
Civil Action No. 08-2367-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of FRANKLIN County:
2. against PETER J HOFFMAN, PJ HOFFMAN ASSOCIATES, INC, Defendant
3. against SUSQUEHANNA BANK, Garnishee
4. Judgment Amount $ 8385.27
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 128'8.48
$ 9673.75
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
W _
William T. Molczan, Esqu'
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06385692
, 1 .
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I, the above-named defendant, claim exemption of property from levy or attachment:
(1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON,
(a) I desire that my statutory $300.00 exemption be:
(___) (1) set aside in kind (specify property, to be set aside in kind:
(_) (2) paid in cash following the sale of the property levied upon; or
(b) I claim the following exemption: (specify property and basis of exemption):
(2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE
FOLLOWING EXEMPTIONS:
(a) my $300.00 statutory exemption: in cash in kind
(specify property):
(b)
(c)
Social Security benefits on deposit in the amount of $
Other (specify amount & basis for exemption):
I request a prompt court hearing to determine the exemption.
Notice of hearing should be given me at the following:
ADDRESS:
TELEPHONE NUMBER:
I verify that the statements made in this Claim for Exemption are true and correct. I understand that false
statements herein are made subject to the penalties of 18 PA. C.S. § 4904 relating to unworn 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.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2367 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF FRANKLIN COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) N.A., Plaintiff (s)
From PETER J. HOFFMAN and PJ HOFFMAN ASSOCIATES, INC., 550 St. John's Drive,
Camp Hill, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SUSQUEHANNA BANK, 801 Norland Avenue, Chambersburg, PA 17201
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 $8,385.27 L.L. $.50
Interest - $1,288.48
Atty's Comm % Due Prothy $2.00
Atty Paid $177.50 Other Costs
Plaintiff Paid
Date: 3/10/09
Cuffis R. LonW4kl notary
(Seal) By:
Deputy
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS, CO
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
Supreme Court ID No. 47437
J .. '44A APR 1 4 2009
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) N.A.
Plaintiff
VS.
Civil Action No.: 08-2367-CIVIL
PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
Defendant
and
SUSQUEHANNA BANK
Garnishee
TO: SUSQUEHANNA BANK
801 NORLAND AVE
CHAMBERSBURG, PA 17201
Suggested Reference No.: XXX-XX-4033
RE: PETER J HOFFMAN
PJ HOFFMAN ASSOCIATES, INC.
550 ST JOHNS DRIVE
CAMP HILL, PA 17011
IWORTANT 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.
„ L'-::' 4% APR 14 2009
INTERROGATORIES IN ATTACHMENT
I . At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
No.
la. 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/A
2. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
No.
3. At the time you were servedLor 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?
N0.
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?
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. m.
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.
NM
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: -??
William T. Molczan, Esqui
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06385692
VERIFICATION
I, Catherine M. Bush, verify that the facts set forth in these Answers to Interrogatories are
true and correct to the best of my knowledge, information, and belief. This statement is made
subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to
unsworn falsification to authorities.
Dated: April 15, 2009
Catherine M. Bush
Secretary and Legal Counsel
Susquehanna Bank
26 North Cedar Street
Lititz, Pa 17543
(717) 625-6273
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IN THE COURT OF COMMON PLEAS O CU BON ERLAND COUNTY, PENNSYLVANIA
CIVIL DIVI
CAPITAL ONE BANK (USA) NA
Plaintiff
No. 08-2367-CIVIL
VS. PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
SUSQUEHANNA BANK ONLY
PERTER J HOFFMAN DB/A
PJ HOFFMAN ASSOC.
Defendant
SUSQUEHANNA BANK
Garnishee FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C Warmbrodt Esquire
PA I.D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06385692
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) NA
Plaintiff
VS.
PERTER J HOFFMAN DB/A
PJ HOFFMAN ASSOC.
Defendant
SUSQUEHANNA BANK
Garnishee
Civil Action No. 08-2367-CIVIL
PRAECIPE TO SETTLE DISCONTINUE AND END
AS TO THE GARNISHEE, SUSQUEHANNA BANK. ONLY
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, SUSQUEHANNA
BANK, only, upon the records of the Court and mark the cost paid.
Sworn to and subscribed
Before me the
Day, of April 2009. iti.r,iv=wac °,
NO
Heidi J. Kely. ,
cayof
TARY PU I my C0f 1mP i
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C Wa
PA I.D #425
WELTMA
1400 Kop e
436 Sev th
Esquire
& REIS CO., L.P.A.
Pittsbur , A 15219
5
(412) 4V495
WWR#06385692
COM&P"m H OF PENNSYLVANIA
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2009 MAY I I PPi 2:57
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