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HomeMy WebLinkAbout08-2370OP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs JASON M SHOREY Defendant No : 08 - a370 0,64 l Tiro, COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06466910 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JASON M SHOREY Defendant Civil Action No 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 At. COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: JASON M SHOREY 20 JOHNS DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX9442 4. Defendant made use of said credit card and has a current balance due of $1628.30 , as of March 11, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.100% per annum on the unpaid balance from March 11, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. 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 , JASON M SHOREY , INDIVIDUALLY , in the amount of $1628.30 with continuing interest thereon at the rate of 28.100% per annum from March 11, 2008 plus costs. James C. VJkmbro WELTMAN, E NBERG & REIS CO., L.P.A. 436 Seve th,Avenue, Suite 1400 Pittsbu gh,/PA 15219 (412) 34-77955 FAX: 1238-7130 0646 910/ C N Pit TSW This law firm is a debt collector atteip?Zng to collect this debt for our client and any information obtaine(b,"wi.ll be used for that purpose. !' ? L m? w r s m o N m?? ?s v y?? s 9? ? O Fa ? m E 8? F ? 3 W tD € 3 ' Z 612 U9 ? y K m ? W W ?i ? Lo 69 s o. ' 2j O ?M N 16 Z? N9 •- {LV m m a .tl O O > CL 0 z to 98 a a L a a po COp Cop 0 O fRO ?N W H s W=? m Jx LL WUQ ZWmi5 Fm0w W U <mZ W ?j Qm ? J J ~ g 00 LL, Y t-i-UQ? CV r?p ? Q tN Jv OO- O d Ea! O 75 ga Y 7 U FS 6o yyp? ?}t CLs s to zd N V Q D Q S? S O m O u 0 Z a ? N O N h ?O OD O O O L^ N O O fn 00 O N 3 3 ON M N N ti O O? N O E a a `o N 3 g r' M L N 4 C N g 0 L `o 3 Z y ? O k m s z H = W 0 W O M W A O 1' M1 ? J F 11 .4 N F N W A O d J W z w Jordt D 2 V' 'o 0 :2 rd 0 me U rm -0=KOm? T O J [A ozz mo oc_ O I S A O r<oz< *7 0 N 2 8 1W N O O N e E LO `a E ? d v, a c 2 c N C w e OD G d ?, a 2 7 0 tV M1 N C aN ' m oz vo - C, M1 s X. N m ? . L. ?a se ._ . vo. v . VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs SHOREY, JASON M 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 TA. R Noi?,ary Public, Dekklb County, Georgia My Commission Expires January 19, 2009 5291072231129442 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. _( r Cd ?F Lrj ? d J ? C) ? a od y rv co r ^ _ ? 4 n CASE NO: 2008-02370 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS SHOREY JASON M DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHOREY JASON M the DEFENDANT , at 2015:00 HOURS, on the 15th day of April , 2008 at 20 JOHNS DRIVE ENOLA, PA 17025 by handing to NICOLE MONAHAN, GIRLFRIEND, 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 15.00 Affidavit .00 Surcharge 10.00 00 wIl"1?bP 43.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/16/2008 WELTMAN WEINBERG REIS By: D uty/Sheri f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. JASON M SHOREY Defendant No. 08-2370-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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06466910 Judgment Amount $ 1724.41 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 (USA), NA Plaintiff VS. Civil Action No. 08-2370-CIVIL TERM Kindly enter Judgment against the Defendant, JASON M SHOREY above named, in the default of an Answer, in the amount of $1724.41 computed as follows: Amount claimed in Complaint Interest from 03/11/08 to 06/30/08 at the legal interest rate of 28.100% per annum $96.11 JASON M SHOREY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT $1,628.30 TOTAL $1724.41 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.. 141!? WILLIAM T. MOLCZAN, E UIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06466910 Plaintiff's 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: 20 JOHNS DR ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-2370-CIVIL TERM JASON M SHOREY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you n (xx) Assumpsit Judgment in the amount of $1724.41 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 Bv: PROTHONOTARY (@* JASON M SHOREY 20 JOHNS DR ENOLA,PA 17025 Plaintiffs 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 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. JASON M SHOREY Case no: 08-2370-CIVIL TERM NON-MILITARY AFFIDAVIT Defendant 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, JASON M SHOREY 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, JASON M SHOREY is not in the military service. Further Affiant sayeth naught. AFFIANT SWQ?ZN TO AND SUBSCRIBED in my presence this day of ?• COMMONWEALTH OF PENNSYLVANIA N ' ARY PU IC Notarial Seal Wayne A. Jones, Notary Public Q y Of Piftburgh, Allegheny County My Commission Expires June 29, 2010 Member, Pennsylvania Association of 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. IN THE COURT OF COM14ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case # M r 3L JASON M SHOREY Defendant(s) IMPORTANT NOTICE TO; JASON M SHOREY 20 JOHNS DR ENOLA,PA 17025 Date of Notice: WWR#: 06466910 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: rtU-VIV?{M^? ?dO PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 . Request for Military Status Department of Def ense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-30-2008 07:25:09 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency SHOREY JASON M 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 befense 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. 01 44'A?W_ 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. §5 501 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/30/2008 Request for Military Status Page 2 of 2 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://wwwdefenselink.mil/faq/ps/PC095LDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:VRWCEROM56 https://www.dmdc.osd.mil/scra/owo/scra.prc_Select 6/30/2008 70 ? w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2370 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff (s) From JASON M. SHOREY, 20 JOHNS DRIVE, ENOLA, PA 17025 (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: MEMBERS 1s' 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 $1,724.41 L.L. $.50 Interest $309.55 Atty's Comm % Due Prothy $2.00 Atty Paid $162.50 Other Costs: Plaintiff Paid Date: 7/26/11 ;r Da d IIAuell, Prot notary (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL nIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JASON M SHOREY 01o Jpe1? A% n-,c,>r. z lruok? Cam } IZo as MEMBERS 1 ST FCU Garnishee(s) CA4k?LePW11a i3 TO THE PROYHO-` OTARY: ?r Civil Action No. 08-2370-CIVIL TERNO:r_ C-) =9 7° PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. a,gair,st J,',.SON M SHOREY , Defendant 3. against MEMBERS 1 ST FCU,, , Garnishee 4. Judgment Amount $ 1724.41 Less Payments/credits received $ 0.00 Inten,st $ 309.55 Costs $ SUBTOTAL: $ 2033.96 Coss (to'. ; added by Prothonotary): PTA QN-1-\ 4 3.oo C&-- 7'R. SO (,,' . 0o 11 k Il ?l a. ? ? ita a. sb v? a 1 _,y c Car '. 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 so GL C?? l avi ?`?3S WWR No. 6466910 'W?? o f 4?r - S ?4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ('JSA),NA Plaintiff - No. 08-2370-CIVIL TERM vs. JASON M SHOREN' Defendant(s) MEMBERS 1 ST FCU Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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 No. 6466910 HE >ReTHONOifs; r RECEIVED r01 ! AU - I Am 10: U , JUL 2 8 20IN CUMBERLAND COUN ,! PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK USA),NA Plaintiff VS. JASON M SHOREY Defendant(s 1 MEMBERS 1 ST FCU Garnishee(s) Civil Action No. 08-2370-CIVIL TERM AnougAg 40 INTERROGATORIES IN ATTACHMENT 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 No. 6466910 IN THis \`.,OURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JASON M SHOREY Defendant(s) MEMBERS 1 ST FCU Garnishee(s) Civil Action No. 08-2370-CIVIL TERM TO: MEMBERS I ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: JASON M sHOREY, 20 JOHNS DR, ENOLA, PA 17025 Suggested Reference No.: XXX-XX-4951 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failurc to do so may result in Judgment against you. B. Here:n,''ie 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 ±hen 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. WWR No. 6466910 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? Ia. 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 presf:?t location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe oi owed to him; and the nature and amount of each of such liabilities. v1 ? 2. At tl;e tine you were served or at any subsequent time was there in your possession, custody or control of yourself and c•ne or more other persons any property of any nature owned solely or in part by the defendant. 3. At th; 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? IVA 6 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? r0 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? ?) U 6. At any tine 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? 100 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 entity electronically depositing those funds on a recurring basis. r0 WWR No. 6466910 8. If y(,:i are a bank or other financial institution, at the time you were served or at any subsequent time did the defenda»t h ve funds on deposit in an account in which the funds on deposit, not including any otherwise exempt finds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the. answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 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. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not depos'ted electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from ex ?.cution, levy or attachment under Pennsylvania or federal law? r? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. r, V 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 WWR No. 6466910 A I (I@ MEMBERS 1St FEDERAL CREDIT UNION July 29, 2011 Jason Shorey 409 Mountain Street Enola, PA 17075 Review Dates (60 Days): May 31, 2011-July 29, 2011 Total Writ of Execution: $2,198.96 Cumberland County Docket Number: 08-2370 Civil File #WWR 6466910 Account Number: XXX995 Name on Account: Savings - 0000: Checking - 0011: Jason Shorey $ 0.00 -5.00 (Membership Fee) $ 0.00 $ 1337.44 - 50.00 (Processing Fee) $ 1287.44 Payroll: Drayer Physical/Patriot News $300.00 Statutory Exemption was not taken out. Kelly LMall Deposit Operations Analyst Rev: 06/11 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.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 Kelly L Hall (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIG ATU ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,Uttta? y?tr 0 C Jody S Smith Chief Deputy ' i L F is I Richard W Stewart Solicitor - 1P : - '2011 AUG -2 AM 8: b 0UMBERLAND COUN PENNSYLVAIIIA Capital One Bank vs. Case Number . Jason M Shorey 2008-2370 SHERIFF'S RETURN OF SERVICE 07/29/2011 10:10 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within nadned garnishee, Members 1st FCU at 1711 Spring Road, North Middleton Township, Carlisle, PA 17613, Cumberland County, by handing to KRISTAL LUCKEY, CSR, personally three true and attested copies Hof the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 1, 2011 to Jason M. Shorey at 20 Johns Drive, Erlola, PA 17025. SO ANSWERS, July 29, 2011 RON A DERSON, SHERIFF i iam Cline, Deputy Ir1 Cow-,IYS;1 to She, *f T e e.^, post. Ir., (N THE ('_OUK OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BAi?K ;USA) NA Plaintiff vs. JASON M S1-;ORE1' Def-,idant ML,M;? ERS 1 ST FC'-) Garnishee No. 08-2370-CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST c c -n GARNISHEE -pa w ern ?• - z? c? rim D M oT ?a C 25 FILED ON BEHALF OF -t Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I. D.#90963) Weltman, Weinberg & Reis Co., I.,.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#6466910 *.14.00 ph AV? e#a?3ss? IN THE CGjRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ('-SSA) NA Plaintiff vs. Civil Action No. 08-2370-CIVIL TERM JASON r, SHOREY Defendant MEMBERS I ST FC(' Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO 'rHI. PROTHONO ; ARY: Kindly ente., Judgment against the Garnishee, MEMBERS 1 ST FCU , in the amount of $987.44, which less than the aniowit Dei'.nda!,t owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to IncerrogWr ,-i. _.. 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6466910 I hereby certify that the ad.-iress of the Plaintiff is: c/o Weltman, 'JVein ?c` Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 Y-. nd that the last known ,?ldress of the Garnishee is: 5000 Louise Drive, P.U. Box 40, Mechanicsburg, PA 17055 ' 1L??0RECEIVED ? . ``'? THE f P'0 T HOPI TAcs k, t , JUL 2 0 201 ?Ot AUG - t AMlO: Cu CU LPENNSYCOUNT Y y ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK 'USA),NA Plaintiff vs. Civil Action No. 08-2370-CIVIL TERM JASON M SHOREY Defendant(s) MEMBERS I ST FCU Garnishee(s) INTERROGATORIES IN ATTACHMENT 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 No. 6466910 lk IN TH ` COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-2370-CIVIL TERM JASON M SHOREY Defendant(s) MEMBERS I ST 1`0_1 Garnishee(s) TO: MEMBERS 1 ST l--CU, 1711 SPRING RD, CARLISLE, PA 17013 RE: JASON M SHOREY, 20 JOHNS DR, ENOLA, PA 17025 Suggested Reference; No.: XXX-XX-4951 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failurc w do so may result in Judgment against you. B. Herein, 1',ie 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. WWR No. 6466910 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? N)b 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 presF:it location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe of owed to him; and the nature and amount of each of such liabilities. fi? 2. At tl;e time you were served or at any subsequent time was there in your possession, custody or control of yourself and c rie or more other persons any property of any nature owned solely or in part by the defendant. "0 3. At th 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? Vic 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? "Q 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 puce pursuant to your directions or consent and if so what was the consideration thereof? YJ ? 6. At any t1ine after you were served did you pay, transfer, or deliver any money or property to the defendant or to any p erscn or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. N d W WR No. 6466910 8. If yv:i 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. M 9. If the. answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I 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. 0 IL If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not depos;,ed electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from ex-?cution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the accou;it. n IA L?QL? WELTMAN, WEINBERG & REIS CO., L.P.A. S? C By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6466910 St MEMBERS 1St FEDERAL CREDIT UNION July 29, 2011 Jason Shorey 409 Mountain Street Enola, PA 17075 Review Dates (60 Days): May 31, 2011-July 29, 2011 Total Writ of Execution: $2,198.96 Cumberland County Docket Number: 08-2370 Civil File #WWR 6466910 Account Number: XXX995 Name on Account: Savings - 0000: Checking=0011: Jason Shorey $ 0.00 -5.00 (Membership Fee) $ 0.00 $ 1337.44 - 50.00 (Processing Fee) $ 1287.44 Payroll: Drayer Physical/Patriot News $300.00 Statutory Exemption was not taken out. Kelly L. Hall Deposit Operations Analyst Rev: 06/11 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.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 Kelly L Hall (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. IN THE ?'OIJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (i iSA) NA Plaintiff vs. Civil Action No. 08-2370-CIVIL TERM JASON M SHOREY Defendant MEMBERS 1ST F("J 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 F-- -1 l6 -- // (xx) Assumpsit Judgment in the amount of $987.44 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 Prothonot By: DEPUTY) MEMBERS 1 ST FC' 1 5000 LOUISE DRIVIL P.O. BOX 40 MECHANICSBUR6, PA. 17055 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ay R Anderson ,ieriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F '-ERtFF t F THELP OTHUNC%A )" 2012 FEB 17 PM 2: 23 CUMBERLAND CCUNTy PENNSYLVANIA Capital One Bank vs. Jason M Shorey Case Number 2008-2370 SHERIFF'S RETURN OF SERVICE 07/29/2011 10:10 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCU at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by, handing to KRISTAL LUCKEY, CSR, personally 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 August 1, 2011 to Jason M. Shorey at 20 Johns Drive, Enola, PA 17025. 02/16/2012 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: $88.13 SO ANSWERS, February 16, 2012 R-ONINW R ANDERSON, SHERIFF ,ssV LL Cou i ' S-tF "t. ( leoso°t_ ?nc_