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HomeMy WebLinkAbout08-4208u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JONATHAN LEE LEUCK Defendant No: CAS - *SI.DS ` ?l U t, ? ?G1Z..m COMPLAIN'' IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. .7armbrodt,42524 WELTMAN, ;9EINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburc-,h, PA 15219 (412) 434--7955 FAX: 412-338-7130 0680680^ A Pit ABR LAWYER REFERRAL SERV2CE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST,EET CARLISLE, PA 170=13 (717) 249-3166 t i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JONATHAN LEE LEUCK Defendant Civil Action No COMPLAINT AND NOTICE TC' DEFEND You have been sued in court. If you v.ish to defend against the claims set forth in the following pages, ycLx must take action within twenty (20) days after_ this complaint and notice are served, by entering a written appearance personally or by an at'--orney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you f?_1 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 -laimed in the complaint or for any other claim or relief requested by '--he plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAV"YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO CR 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 rl:?"E OR NO FEE. COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: JONATHAN LEE LEUCK 108 MEALS DR CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX7367 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of June 19, 2008 , in the amount of $5984.64 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 0 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , JONATHAN LEE LEUCK INDIVIDUALLY , in the amount of $5984.64 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ve th Avenue, Suite 1400 Pitt bur h, PA 15219 (41 ) 4 4-7955 F 4'1--338-7130 0 068 7 C A Pit ABR This law firm is a debt collector at em ing to collect this debt for our client and any information obta' e will be used for that purpose. -- •..... `.y V s.¦% 03,Y64.64 $5,984.64 CARD 22 SDSN6A01 0005298 JONATHAN LEUCK 108 MEALS DR CARLISLE PA 17015-3186 Enter Amount Enclosed Below vv? Payment Due Date May 21, 2008 Please make check payable to Discover Card. Minimum yment due includes a past due amount of $1,386.00. Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discovercard.com/payments today. PO BOX 15251 Ill ... 11.1111 11111 11111 loll WILMINGTON DE 19886-5251 '1111 ill 11 Ill Ill 11 Ill 11111 Ill l l l l 1111111111 Ill 1111111111IIIIII 000001986454224138540059846400000000598464 Discover More Card Account Summary Closing Date: April 22, 2008 Account number ending in 7367 Payment Due Date May 21, 2008 EXHIBIT Minimum Payment Due $5,984.64 Credit Limit $4,400.00 Credit Available $0.00 Cash Credit Limit $0.00 C redit Available $0.00 page 1 of 1 Previous Balance $5,984.64 Payments And Credits 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance $5,984.64 'Cashback Bonus® Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 Cashback Boiwaff Anniversary - - - - - - - - - - - - - - - Cashback Bonus Balance $ 0,00 - - - Available-to Redeem- - - - - - - - - - - $- -0:00- - - Date: June 22 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card avaRable. Discover More Card, PO Box 30943 Salt Lake City UT 84130 your account online of Discowrcard.com Customer Service: 1-800-DISCOVER (1-800.347-2683 , TOO ?afl F a st an em r ) o ssis r t s e reverse ide. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information for You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of :purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Average Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee glances Rates RATES RATES FINANCE CHARGES FINANCE CHARGES current billing period: 22 days Purchases $0 Past Purchases $0 0.07942% 0 07942% 28.99% F 28 99% F 28.99% $0 none Cash Advances $0 . 0.07942% . 28.99% F 28.99% 28.99% $0 $0 none $0 previous billing period: 12 days Purchases $0 0.07942% 28.99% F 28.99% $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. none 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 Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 6806807 JONATHAN LEE LEUCK 6011008910327367 ? IAJ o a ALL. 9 cn r., 0 h SHERIFF'S RETURN - REGULAR CASE NO: 2008-04208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS LEUCK JONATHAN LEE MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Sc NOTICE was served upon LEUCK JONATHAN LEE the DEFENDANT , at 0015:35 HOURS, on the 1st day of August , 2008 at 108 MEALS DRIVE CARLISLE, PA 17013 by handing to Q'W"PPRT T,RTMV WIFE OF DEFENDANT 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 Service Affidavit Surcharge F/DS/Op 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: goe7 "A" -/5z R. Thomas Kline 08/04/2008 WELTMAN WEINBERG & REIS By. -70;? - Deputy ?ql,--?-Ff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant No. 08-4208-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6806807 Judgment Amount $ 6,984.64 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-4208-CIVIL TERM JONATHAN LEE LEUCK Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JONATHAN LEE LEUCK above named, in the default of an Answer, in the amount of $6,984.64 computed as follows: Amount claimed in Complaint $5,984.64 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $6,984.64 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: (N William T. Molczan squire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6806807 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1.400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 108 MEALS DR, CARLISLE,PA 17015 K ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case #(),? - LIadB- CIVIL TIF'Ryn JONATHAN LEE LEUCK Defendant(s) IMPORTANT NOTICE TO: JONATHAN LEE LEUCK 108 MEALS DR CARLISLE,PA 17015 Date of Notice: WWR#: 06806807 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: -1-6- ,I vunMa4 ()uw( vin o, ^- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant Case no: 08-4208-CIVIL TERM 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, JONATHAN LEE LEUCK 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, JONATHAN LEE LEUCK is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this JO day f *111 . COMMONWEALTH OF PENNSYLVANIA NOTARY PUBLI / Notarial Seal J? Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 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. Request for Military Status 1?epartrrtent of Defense Manpower Data Center S Military Status Report i Pursuant to the Servicemembers Civil Relief Act rt Page 1 of 1 EP-17-2008 13:32:31 Last Name First/Middle Begin Date Active Duty Status Service/Agency LEUCK JONATHAN 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. 4121 14 . 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.defenseIink.mil/fact/pis/PC09SLDR.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: BYZGWYUARJJ https://www.dmdc.osd.mil/scra/owa/scra.prc Select 9/17/2008 ra 77 yk_. CD I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4208-CIVIL TERM JONATHAN LEE LEUCK 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 (xx) Assumpsit Judgment in the amount of $6,984.64 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:?t,Q IC.. PRO ONOTARY (OR DEPUTY ,D JONATHAN LEE LEUCK 108 MEALS DR CARLISLE,.PA 17015 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 701 Avenue, Pittsburgh, PA 15219 1-888-434-0085 q% N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK,, Garnishee, No. 08-4208-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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#6806807 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK, Garnishee TO THE PROTHONOTARY: Civil Action No. 08-4208-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... I , directed to the Sheriff of CUMBERLAND County: 2. against JONATHAN LEE LEUCK D fendant log meal-n br. , Carks?a, ?A M13 3. against SOVEREIGN BANK, Garnishee 748 E. Simpson St, MeA, PA. iMCr 4. Judgment Amount $ 6,984.64 Less payments of $ 50.00 Interest $ 265.22 Costs $ SUBTOTAL: $ 7,199.86 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: W 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#6806807 ??qq (? yet Tt?FLED i OF HE FROTH TAR 209 JUN -5 PM 3: UZ PENNSYLVANIA #&4 . So pr) AT Y 33.00 Cep '18.5 0 ? !4. o0 01.50 !5d •50 -Po ATTY a40 boo& ,so " Gx:g ngo9to i 04 awaW WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JONATHAN LEE LEUCK, 108 Meals Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SOVEREIGN BANK, 798 E. Simpson Street, Mechanicsburg, PA 17055 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 $6,934.64 L.L. $.50 Interest -- $265.22 Atty's Comm % Atty Paid $152.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 6/05/09 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15213 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 21..,AL s &rtTs-R. onot By: Deputy Sheriffs Office of Cumberland County R Thomas Kline ?a, ' Oto of cumb"r'vr Edward L Schorpp % Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 10:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2009 at 1042 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jonathan Lee Leuck, 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 Denise Beecher, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and m de the contents there of known to her. The writ of execution and notice to defendant was mailed on June 11, 2009 to Jonathan L?e Leuck at 108 meals Drive, Carlisle, PA 17015. 2008-4208 So Answers Discover Bank vs Jonathan Lee Leuck R. Thomas Kline, Sheriff BY _ n ,a; ? a ?, C-' - t > DISCOVER BANK, Plaintiff V. JONATHAN LEE LEUCK : ORDER OF COURT AND NOW, this 19th day of June, 2009, upon consideration of Defendant's Claim for Exemption, the claim is granted to the extent that it seeks to protect from execution $300.00 of the amount in Sovereign Bank, Account No. 2891104188, and denied to the extent that it allows the Plaintiff to assert a third-party claim on behalf of Defendant's spouse, without prejudice to her right to file a timely third-party claim. BY THE COURT, William T. Molczan, Esq. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff Jonathan Lee Leuck 108 Meals Drive Carlisle, PA 17015 Defendant, pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4208 CIVIL TERM IN RE: CLAIM FOR EXEMPTION J. sley Ole i,,. : rc R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor o?tp of ?urrr?Prr? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 June 17, 2008 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 JUN •I 12009 61 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Enclosed please find a Claim for Exemption, pertaining to Civil Case Number 2008-4208 Civil, filed by Jonathan Lee Leuck, which was received in the Cumberland County Sheriff's Office on June 17, 2009. Please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank You for your consideration to this matter. Sharon R. Lantz Staff Assistant + W 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): 50ve,9'e.t9N? 9%0< Atc. Qe4jtL04166 (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount & basis for exemption): #6- 340. so ae-16, , 40 D"4 W1 I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: Io $ r"etal,s Oikw& TELEPHONE NUMBER: -m %4'2 x . S3 B7 CAitl tStO. ? ? 17o?C 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 A. C.S. § 4904 relating to unsworn falsification to authorities: Date: Oto • I ?o • o CA 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. C) F- TE r??:F Y 2000 J i J "r_2 Ar i 10 1 C! IA' a1 I I iV i irf, Ut,, 7 J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 08-4208-CIVIL TERM JONATHAN LEE LEUCK Defendant and SOVEREIGN BANK Garnishee TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-0036 798 East Simpson St Mechanicsburg, PA 17055 RE: JONATHAN LEE LEUCK 108 Meals Drive Carlisle, PA 17015 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. )46oef? 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 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. 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. 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 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? 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. 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. No-See Atttached WELTMAN, WEINBERG 8i 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#6806807 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 Timothy J. Cooney (Name) C 0 P Team Manager of Sovereign Bank , 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 ATU ) ANSWERS TO INTERROGATORIES Account # 2891104188 Balance: $1,881.71 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $1,581.71 Account Holder: Jonathan Lee Leuck 108 Meals Dr Carlisle, PA 17015-3186 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 By: Timothy J. Cooney C.O.P. Team Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. Jonathan Lee Leuck 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: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: Jonathan Lee Leuck 108 Meals Dr Carlisle, PA 17015-3186 Timotffy J. Cooney C.O.P. Team Manager Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 June 22, 2009 t 24 Pit '-T i `v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK Garnishee No. 08-4208 CIVIL TERM 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06806807 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK Garnishee Civil Action No. 08-4208 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, SOVEREIGN BANK, in the amount of $1581.71, which is the amount 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 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 WWR#06806807 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 798 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 $6423/2009 TUE 9:08 PAX Sovereigai Court Ordered Processing - MA 1-MB3-02-10 - P. O_ Box 841005 - Boston, MA 02284 June 22, 2009 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Prothonotary's Office 1 Courthouse Square Carlise, PA 17013 RE: Discover Bank vs. Jonathan Lee Leuck No.: 08-4208 Civil Term Dear Sir/Madam: 0002/008 Enclosed are Sovereign Bank's Answers to Interrogatories in Attachment and an original and one copy of a Certificate of Service. Please file the originals in your office and return the Time-stamped copy of the Certificate of Service in the enclosed return envelope. By copy of this letter we are serving those parties listed on the Certificate of Service with a set of Answers. We are also serving the Defendant with a copy of the Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order, and Claim for Exemption. Very truly yo rs, 7" Ti oth AJ.Cooney C.O.P. Team Manager Court Ordered Processing Phone: 617-533-1789 Fax: 617-5331188 Enclosures pc: William T. Molczan, Esquire (w/enclosures) Jonathan Lee Leuck (w/enclosures, certified mail) ?8c? c??o7 46423/2009 TUB 9:09 FAX IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant and SOVEREIGN BANK Garnishee Civil Action No.: 08-4208-CIVIL. TERM TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-0036 798 East Simpson St Mechanicsburg, PA 17055 RE: JONATHAN LEE LEUCK 108 Meals Drive Carlisle, PA 17015 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. IL0031008 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-Sank 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. 96423/2909 TUB 9:09 PAX INTERROGATORIES IN ATTACHMENT Q004/008 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 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 teens, 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. 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. 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 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? 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- No 016/x'3/2009 TUB 9:09 FAX /6005/008 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. No-See Atttached WELTMAN, WUNBERG & REIS CO_, L.P.A. By. Ir 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 W WX#6806807 0`6/-23/2009 TUE 9:09 FAX 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 Timothy J Gooney (Name) c . o . Team Manager Of Sovereign Bank , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing (4006/008 Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief A(A ) 46:23/2009 TUE 9:09 FAX ANSWERS TO INTERROGATORIES Account# 2891104188 Balance: $1,881.71 After allowing for the $300.00 exemption under 42 Pa.C. S. 8123 the balance in this account is $1,581.71 Account Holder: Jonathan Lee Leuck 108 Meals Dr Carlisle, PA 17015-3186 (&007/008 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 By: Timothy J. Cooney C.O.P. Team Manager - (' J COS-0 . J 06.623/2009 TUE 9:09 FAX ®008/008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank vs. Jonathan Lee Leuck 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: William T_ Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: Jonathan Lee Leuck 108 Meals Dr Carlisle, PA 17015-3186 TimotV(y J. Cooney C_O.P_ Team Manager Sovereign Bank MA1 MB3-02-'10 2 Morrisey Boulevard Boston, MA 02125 June 22, 2009 F! IL T!-iu ` i ' !C?l r ^Y 20Q9 J",JL 13 F1 11 ! 41q.oo Pd A-my (?,trss7uo 31 e aal 9os IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4208 CIVIL TERM JONATHAN LEE LEUCK Defendant SOVEREIGN BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $1581.71 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 SOVEREIGN BANK 798 EAST SIMPSON STREET MECHANICSBURG, PA 17055 By: OTHON9 OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK Garnishee No. 08-4208 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE SOVEREIGN BANK ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 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#06806807 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN LEE LEUCK Defendant SOVEREIGN BANK Garnishee Civil Action No. 08-4208 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE, SOVEREIGN BANK, 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, SOVEREIGN BANK, only. Sworn to and subscribed Before me the Day of August, 20009 v' NOT AY PUBL -' -- WELTMAN, WEINBERG & REIS CO., L.P.A. By: - r James C. Wa odt PA I.D #425 William T. of an, Esquire PA. I.D.#4 43 WELTM N EINBERG & REIS CO., L.P.A. 1400 Ko p s Building 436 Sev th Av enue Pittsburgh, PA 15219 (412) 434-7955 WWR#06806807 #Wo o" CRY Of P A,dpnAlMori 0 iG of pmmwww JV 20ON* , 2010 FLED--NFICE OF THE PROTHONOTARY 2009 AUG 18 AM 9: 0 7 C?1ulrs :.i t : i3JNIIY * 8.00 PO ATt?1 GC.?" 4'14?38o'Z *aq 3aq SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 4?'?? rrrb Chief Deputy Edward L Schorpp Solicitor ! `}- Discover Bank I Case Number vs. Jonathan Lee Leuck 2008-4208 SHERIFF'S RETURN OF SERVICE 06/10/2009 10:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2009 at 1042 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jonathan Lee Leuck, 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 Denise Beecher, Customer Service Representative, 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 June 11, 2009 to Jonathan Lee Leuck at 108 meals Drive, Carlisle, PA 17015. 06/17/2009 Claim for exemption received 06-17-09 @ 1117 hours. Filed by Jonathan Lee Leuck. Hand carried to Court Administration. 06/22/2009 Court order received signed by the Honorable J. Wesley Oler, Jr., stating "And now, this 19th day of June, 2009, upon consideration of Defendant's Claim for Exemption, the claim is granted to the extent that it seeks to protect from execution $300.00 of the amount in Sovereign Bank, Account No. 2891104188, and denied to the extent that it allows the Plaintiff to assert a third-party claim on behalf of Defendant's spouse. without prejudice to her right to file a timely third-party claim." 04/08/2010 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: $76.38 SO ANSWERS, April 08, 2010 RON R ANDERSON, SHERIFF By Sharon R. Lantz ??. SCE C K4 s'2?8 410 z80_? A ? ,1 y • +?a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JONATHAN LEE LEUCK, 108 Meals Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SOVEREIGN BANK, 798 E. Simpson Street, Mechanicsburg, PA 17055 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 $6,934.64 Interest -- $265.22 Atty's Comm % Atty Paid $152.50 Plaintiff Paid Date: 6/05/09 L.L. $.50 Due Prothy $2.00 Other Costs ?IOZ4 C rtis R. Lo ro 0 otar (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15213 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 WRIT OF F,XECUTION and/or ATTACHMENT CC )MMONWEALTH OF PENNSYLVANIA) COUN~fY OF CUMBERLAND) 1~~0 08-4208 Civil CIVIL ACTION - LAV4' TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) rrom IONATHAN LEE LEUCK, 108 MEALS DRIVE, CARLISLE, PA 17015 (I i 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 GARN:ISHEE(S) as follows: SLJSQUF:HANNA BANK, 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 and to notify the garnishee(sj that: (a) an attachment has been issued; (b) the garnishee(s) is enj~:>ined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (sj or otherwise disposing thereof; (3 i 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 garnishef~ and is enjoined as above stated. Amount llue $5,352.93 L.L. $ ln~erest ,1,523.22 Atr,~'s Comm "'~ Due Prothy $2.25 Att~~ Paid 5279.88 Other Costs Plriintiff Paid Date: 10!31/12 _~~Yb ~ ~I__ _ __- _.. David D.,~Buell, Prothor}ota Deputy R1=t1UF,~~T[NG PAk i'l': Na>>?e : ~h~ILLIAI~f "!'. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG R REIS CO. L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 152]9 Qttornev tor: PLAINTIFF Telephone:412-434-7955 Supreme Court ID No~. 47437 .. [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS`Y`LVANIA CIVIL DIVISION DISCOVER BANK Plaintifi~ vs. Civi] Action No. 08-4208-CIVIL TEF,M JONATHAN LIE LEUCK ~ ~ O~ _~~ Q~S ^~~ r Defendant(s) tt~~e ~ ~ .~ SUSQUEHANNA BANK 1t ~ ~ ~ l~ a ~ Garnishee(s) ~ Y ~t S~ 2 t ` ~'' ~ ', ~ 4 , RAECIPE 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: ~. against JONATHAN LEE LEUCK ,Defendant 3. against SUSQUEHANNA BANK, , ,Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ $6,984.64 ~ S 3 sa• ~3 $ 51,631.71 $ $ ~ ,523.22 $ 86,876.15 WELTMAN, WEINBE',RG & REIS CO.. L.P.A. ;` , ti__ _. ~. William 'f. Molczan, Es ' ., PA I.D. #47437 WELTMAN, WEINBERG &REIS CC)., l..P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Q (412) 434-7955 ~~aq~~ ~ (~~ oo ~~ C ,~ u n ~$, J~ a~.sa~~~ I y• o ~ cl ., S l~~ ~' ~a ,~t„ ~.~ ~a~ asap W'WR No. 680680 7 ~ .:,~~'~ ~~ ~ ~~. ~ . ~; IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JONATHAN LEE LEUCK Defendant(s) SUSQi1E1IANNA BANK Garnishee(s) No. 08-4208-CIVIL TERM PRAECIPE FOR WRIT OF EXECI7TION {BANK ATTACHMENT bNL'~ FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molcran, Esquire PA I.D. #47437 WELTMAN, WEINBE;RG & REIS CO.. L,.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W'WR No. 680680"r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~'[a 1:-~t~ ~7i-~.. .. rr~) r/1 l•• ~it~~ ~'~llir,•~~a r r -~ + i . +~ , 1 ~., x , •s. ~~l2i~0~ _7 ~M 8~ i'~ 1 "UM6EfL~~~`~ i/~UI~ I Y PENhlSYL~`,'~P111~ Discover Bank Case Number vs. 2008-4208 Jonathan Lee Leuck SHERIFF'S RETURN OF SERVICE 11/05/2012 10:38 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 5, 2012 at 1035 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jonathan Lee Leuck, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, by handing to Sally C. Weller, Branch Operations Supervisor, 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 6, 2012 to Jonathan Lee Leuck at 108 meals Drive, Carlisle, PA 17015. November 06; 2012 P Y SO ANSWERS, RON R ANDERSON, SHERIFF ~_ illiam Cline De ut L ~ r^~J ' i ~~ N ~ -.. m ^ ' 0 " _ ` . r- ' ~ ~ ~., J ~ ~.- T~ ~h sir .- .~ ~ j ~ ~ f..':. ~' $ ~ ~~ ~, ~ _„ ~.7 ,~ L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ` ~ - Plaintiff `._., ~ ~ ....- , vs. Civil Action No. 08-4208-CNIL TEI -~ ~`.'`~~', ~ ~~ ~ ~ JONATHAN LEE LEUCK -G ~, `° y ' ' Defendant(s) ~~ 'p ~ ~ ' ~ SUSQUEHANNA BANK jp ~ ~ Garnishee(s) -~ -- '`' -.~ TO: SUSQUEHANNA BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013 RE: JONATHAN LEE LEUCK , 108 MEALS DR, CARLISLE, PA 17015 Suggested Reference No.: XXX-XX-0036 XXX-XX- '~rsw~-~s ~° IlVIPORTANT NOTICES TO GARIVIS)EiEE! 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. WWR No. 6806807 ANSWERS TO INTERROGATORIES INATTACHMENT 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)? Yes. 1 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 awe or owed to him; and the nature and amount of each of such liabilities. Defendant has one checking account number XXXXXXX9~01 jointly held with Sherri A. Leuck. Susquehanna Bank titles all joint accounts as joint tenants with the right of survivorship; however since we believe the co-owner to be the spouse of defendant, these accounts have been deemed to be spousal accounts and exempt from attachment. 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 properly 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 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 delivery 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 to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? Garnishee has allowed access to fund in the checking account number ~:~XXX9701 as it is believed to be spousal and therefore exempt. 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 ass 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. 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 Pa.C.S. § 8123? If so, identify each account. See answer to interrogatory number 1 a above. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. The interrogatories were served November 5, 2012. 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. No holds were required as accounts are believed to be spousal and therefore exempt. 11. If the response to Interrogatory 7 is in the affirmative, area er 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?. N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. NIA. VERIFICATION I, Grant W. Schonour, verify that the facts set forth in these Garnishee's 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: November 7, 2012 W. Schonour, start Secretary and L gal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6411 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6806807 DISCOVER BANK ~~ ~ a Attorney for Plaintiff(s) ~ r..~ -' ~~ ~ p e~t~_ 'v • ~, .~ ~. . --cY" ~ -~-~ ~~ ~• a= ~ ~' -t7 ~ _.. ca ~o ~ ,~,; ~, ~ , ~ ~ CUMBERLAND County Court of Common Pleas vs. JONATHAN LEE LEUCK, NO. 08-4208-CIVIL TERM and SUSQUEHANNA BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA BANK, , only. WELTMAN, WEINBERG & REIS CO., L.P.A. By (~/ ~ ~,~~2 William T. Molczan, uire Attorney for Plainti ~q •5o PD A~ L~ l0$ 30730 ~~ a 8~2(0~ DISCOVER BANK, Plaintiff V. JONATHAN LEE LEUCK and SHERRI LEUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-4208 CIVIL TERM ORDER OF COURT AND NOW, this 19TH day of NOVEMBER, 2012, a hearing on the Claim for Exemption is scheduled for WEDNESDAY, NOVEMBER 21, 2012, at 9:30 a.m. By the Court, Edward E. Guido, J. William L. Molczan, Esquire James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO. LPA 1400 Koppers Buiding, 436 Seventh Ave. Pittsburgh, Pa. 15219 Sherri Leuck 108 Meals Drive Carlisle, Pa. 17013 Sheriff Court Administrator :sld ~f~~ 6y~~d~~ _-a c ~ ~ = `- ..~~ W ~ c'r1-- z ~ ~ ~ ; ~ , -~~' ~ ~~ ..+'a6-~.. ..L. ~1~ Vic, ~ ~'_._. ~..; ~ c~ ~~.I ~ .' ~L RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy o~,~tip of ~Currt~Pr~~ ~ ~d OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 November 15, 2012 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 RICHARD W. STEWART Solicitor Enclosed please find a Claim for Exemption, pertaining to Civil Case Number 08-4208, filed by Sherri Leuck, which was received in the Cumberland County Sheriff's Office on November 15, 2012. Please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. ~~, r Sharon R. Lantz Staff Assistant Involved Parties: William L. Molczan, Attorney for plaintiff Weltman, Weinberg & Reis Co. LPA 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219 Sherri Leuck, Claimant 108 Meals Drive, Carlisle, PA 17015 717-422-5387 CLAIM FOR EXEMPTION TO THE SHERIFF: 1, 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: (_) (I) 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) Social Security benefits on deposit in the amount of $ ~--~-= ~ (c) Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: ~~f` ~ -' I 1.-~u~ ~9~r1:~~P (~A TELEPHONE NUMBER: '-t~o~rJ ~ ~~ 1'~OtS 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. 3 4904 relating to unsworn falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County Courthouse One Courthouse Square Carlisle, PA 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. WWR No. 6806807 DISCOVER BANK, Plaintiff v. JONATHAN LEE LEUCK and SHERRI LEUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4208 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2012, after hearing, the Defendant's Claim For Exemption from attachment of her Social Security benefits in the amount of $403.00 is granted. By the Court, ~••" Edward E. Guido, J. / William L. Molczan, Esquire Weltman, Weinberg & Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 / Sherri Leuck 108 Meals Drive Carlisle, PA 17013 Sheriff - 1~-~~~:~ .c.~(~ ~~ ~ ~ d~ '~ .es Mai lec~ ~r~l.~ra ~~~ ~ ~ ""~' S _ i V °'°` •~~ ~ •.,~ ~rn ~ iT1~- ~ ~c~ . ~ ` rn r-- -= .•- ~ -~ r~; -~ -~ ~ .. _$ ; ,.. c~ v' srs SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff °I, _ �L\tti7 bl41rN tP'j� �li° t HE 4 R 4 i0t' l ��el.tit Jody S Smith Chief Deputy " 2613 JUN 10 All 10: 0 Richard W Stewart .* " Solicitor 0MCE Oz THE SPEF,)w. r a1 D y N-i-Y PENNSYLVANIA Discover Bank vs. Case Number Jonathan Lee Leuck 2008-4208 SHERIFF'S RETURN OF SERVICE 11/05/2012 10:38 AM -William Cline, Deputy Sheriff,who being duly sworn according to law, states that on November 5, 2012 at 1035 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jonathan Lee Leuck, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, by handing to Sally C. Weller, Branch Operations Supervisor, 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 6, 2012 to Jonathan Lee Leuck at 108 meals Drive, Carlisle, PA 17015. 11/15/2012 Claim for exemption filed this date. Taken to Court Administration. 11/26/2012 ORDER OF COURT And now, this 21 st day of November, 2012, after hearing, the Defendant's Claim for Exemption from attachment of her Social Security benefits in the amount of$403.00 is granted. By the Court, Edward E. Guido, Judge 06/06/2013 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: $87.42 SO ANSWERS, June 06, 2013 RbNW R ANDERSON, SHERIFF �.• �rS Rd • c.tJ. (c)CountySuite Sheriff,Teleosoft,Inc.