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HomeMy WebLinkAbout08-2799ti 2048238 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSESSMENT OF Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 VS. KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : bg - 0jgg9 C, V i «-tov' NOTICE 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 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 JUDGEMENT 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 N 4. COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $15,863.73. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $15,863.73 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 8/2/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,863.73 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION I hereby stale that ) am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements t4???a& ATLANTIC CREDIT & FINANCE, INC. ZC462- 3 V. KENNETH BRADLEY AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS The undersigned being first duly sworn according to law, deposes and says that she is familiar with the policies and practices, as well as the books and records of the Plaintiff with respect to the matters stated herein, and based on information and belief states as follows: 1. Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No Said Account was charged off on 3/31/2006 and subsequently sold to Atlantic redit & Finance, Inc with a balance of $15,863.73. 3. Plaintiff purchased or was otherwise assigned this charged off account along with other debts. As a result of the foregoing sale and assignment, the Plaintiff succeeded to all right, title and interest in the charged off account and it now owns the account. 4. Plaintiff conducted a due diligence investigation to determine, among other things, the accuracy of the account information provided to ascertain whether the statute of limitations was a bar to demand or institution of suit. Further, Plaintiff and/or its predecessor entered into a contract where the predecessor made representations and warranties that 1) it had clear right, title and interest in the account; 2) the account was free and clear of all liens and encumbrances; and 3) it had the power, authority, and full right to sell and convey its interest in the account. 5. According to Plaintiff's records, the last payment date was 8/2/2005. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $15,863.73. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: A4%0? Heather Clary Assistant Director of Litigation Subscribed and sworn before me March 10, 2008. Q?-bfic: Cameron Gray THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF - 2522000 -6pl- p i O O 00 (Li ? D D s n? w c.a y? -c t DO SHERIFF'S RETURN - REGULAR CASE NO: 2008-02799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS BRADLEY KENNETH WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BRADLEY KENNETH was served upon the DEFENDANT , at 2040:00 HOURS, on the 9th day of May , 2008 at 821 PHEASANT DR N CARLISLE, PA 17013-1226 T-1.Tw-- T T T TT "IT 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 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 5?iy?oP 33.00 Sworn and Subscibed to before me this day So Answers: s R. Thomas Kline 05/12/2008 GORDON & WEINBERG By. Deputy Sheriff of A. D. 2048238 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc Assignee from HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. KENNETH BRADLEY DOCKET NO. : 08-2799 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $15,863.73 $15,863.73 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Atlantic Credit & Finance Inc.Assignee from HSBC and that the last known address of defendant, KENNETH BRADLEY, 821 PHEASANT DR N, CARLISLE PA 17013-1226. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of _J1. NE , 2008 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $15,863.73 as per the abovejpertificatjt'pn. Prethonotar GORDON & WEINBERG, P.C. BY: 471< FREDERIC W INBERG, ESQUIRE JOEL M. LI ESQUIRE Attorney for Plaintiff R GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC vs. KENNETH BRADLEY TO/PARA 2048238 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2799 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 DATE OF NOTICE/FECHA DEL AVISO: June 3, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE dA$R A4 ?R??T?<<, RBQH1RR P10D-2 G w r 2048238 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KENNETH BRADLEY DOCKET NO. : 08-2799 CIVIL TERM NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. 1X/ Judgment by Default $15,863.73 Money Judgment $ ?L Judgment on Award of Arbitrators$ L1 Judgment on verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PR HONOTARY GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2048238 Atlantic Credit & Finance Inc Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 vs. KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 and Sovereign Bank 17 West High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2799 CIVIL TERM % PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against KENNETH BRADLEY defendant(s)and (2) against Sovereign Bank garnishee(s) (3) AMOUNT DUE $15,863.73 INTEREST from June 23, 2008 $1,288.62 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL FREDERIC I. PINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 vs. KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 and Sovereign Bank 17 West High Street Carlisle, PA 17013 GARNISHEE This paper is a Writ of Ex is a judgment against you. taken to pay the judgment. property from being taken. must act promptly. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2799 CIVIL TERM WRIT OF EXECUTION NOTICE ecution. It has been issued because there It may cause your property to be held or You may have Legal rights to prevent your If you wish to exercise your rights, you The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached exemption claim form and demand for a prompt hearing; (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 and Sovereign Bank 17 West High Street Carlisle, PA 17013 GARNISHEE DOCKET NO. : 08-2799 CIVIL TERM 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 $300.00 statutory exemption be [ ] (i) set aside in kind (specify property to be set aside in kind): [ ] (ii) 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: [ J in cash; [ ] in kind (specify property) N (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: (include address and telephone) 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. Section 4904 relating to unsworn falsification to authorities. DATE: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 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. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law EXHIBIT "A" 4 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from HSBC CUMBERLAND COUNTY 3353 Orange Avenue Roanoke, VA 24012 vs. DOCKET NO. : 08-2799 CIVIL TERM KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 and Sovereign Bank 17 West High Street Carlisle, PA 17013 GARNISHEE INTERROGATORIES IN ATTACHMENT TO: Sovereign Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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. 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 in part by the defendant or in which defendant held or claimed any interest. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) 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 entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or 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. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE C??t? Attorney for Plaintiff DATED: 11.0 0 _ FI LED ^r T? 1 pry 20u9 rte' -2 F, $aC so PD AT" 33.00 CBS' 78.50 W oo ., a • so ?r' 15, 2. 50 - PD A77-/ $?•oo WP- t D 50 LL GGY`4 3733 a 3a9ga I.l?,it 4 fir,. ?ss.( WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC., Plaintiff (s) From KENNETH BRADLEY, 821 Pheasant Dr. N, Carlisle, PA 17013-1226 (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: SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $15,863.73 Interest from 6/23/08 -- $1,288.62 Atty's Comm % Atty Paid $152.50 Plaintiff Paid Date: 11/02/09 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name FREDERIC 1. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Deputy Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline f t I rft?C FILED 11,E ?? r? Sherif olp ut cuq"b'r N Ronny R Anderson 4'N O ? 099 NN 16 V1 6; 8 Chief Deputy Jody S Smith CLr ?' crkceoF TrE$?€R(cF Civil Process Sergeant Edward L Schorpp Solicitor Atlantic Credit & Finance Inc. Case Number vs. Kenneth Bradley 2008-2799 SHERIFF'S RETURN OF SERVICE 11/12/2009 09:27 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 0927 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth Bradley, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2009 to Kenneth Bradley at 821 Pheasant Dr N, Carlisle, PA 17013-1226. So Answers, R. homas Kline, Sheriff Deputy Sheriff (c) CountySuite Shenft. Teleosoft. Inc. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 vs. KENNETH BRADLEY 821 PHEASANT DR N CARLISLE PA 17013-1226 and Sovereign Bank 17 West High Street Carlisle, PA 17013 GARNISHEE DOCKET NO swar_s -46 Finance Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY INTERROGATORIES IN ATTACHMENT TO: Sovereign Bank - GARNISHEE 08-2799 CIVIL TERM You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for anv reason? No 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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. Yes-See Attached 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 in 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(s) had an interest? No 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and 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(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) 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. No 8. If you are a bank or other financial institution, at the time you were served or 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. No-See Attached 9. How much is the value of any property in your possession belonging to the defendant(s)? See Attached FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED : kp cam ANSWERS TO INTERROGATORIES Account # 1691026182 Balance: $20,907.30 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $20,607.30 Account Holder: Kenneth P Bradley 821 Pheasant Dr N Carlisle, PA 17013-1226 VERIFICATION I, Timothy J. Cooney, C.O.P. Team Manager of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank ev nVJ/ Timothy J. Cooney C.O.P. Team Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Atlantic Credit & Finance Inc as assignee of HSBC VS. Kenneth Bradley CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E Hector Street, Suite 220 Conshohocken, PA 19428 Service by certified mail addressed as follows: Kenneth P Bradley 821 Pheasant Dr N Carlisle, PA 17013-1226 Timo by J. Cooney C.O.P. Team Manager Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 November 23, 2009 2009 1 0113 0 P?`i !.: 3 4i r ? i. Ai n z t Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~,,111~ of ~aunbrr~~~~b k'- " :,. C9F~~GE ;:~. r.;~ s~Rir~ Atlantic Credit & Finance Inc. vs. Kenneth Bradley SHERIFF'S RETURN OF SERVICE Case Number 2008-2799 11/12/2009 09:27 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 0927 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth Bradley, in the hands, possession, or control of the within Warned garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2009 to Kenneth Bradley at 821 Pheasant Dr N, Carlisle, PA 17013-1226. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 SO ANSWERS, ~~`"- July 07, 2010 RON R ANDERSON, SHERIFF By , Sharon R. Lantz ~ -Dl~ ~ ~ C'o , ~~ ~~ ~y3 ic) CounfySuite Shenfii. Telensoit 4++.c_