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Home My WebLink About08-4328IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. 6 ?" g 3 a fr "41 ROGER E FAILOR Defendant 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 You are filing wazned that f you fail to do so defenses or objections to the claims set forth against you. proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT Plaintiff is a corporation with offices at 7465 N.W. 49TH ST, LAUDERHILLE, FL 33319- 0000. 2. Defendant is an adult individual residing at 441 CROSSROAD SCHOOL RD CARLISLE,PA 17013. COUNT I - ACCOUNT NO.8589351623 3. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 4. This obligation was subsequently assigned to Plaintiff for value. 5. Defendant, ROGER E FAILOR, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 6. The prices charged by Plaintiffs assignor were the prices that Defendants, ROGER E FAILOR, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendants, ROGER E FAILOR, in the amount of $1,084.36 as of MAY 29 2008. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 29 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ROGER E FAILOR, in the amount of $1,084.36 with continuing interest thereon at the rate of 6% per annum from MAY 29 2008 and costs. COUNT II - ACCOUNT N0.8587631415 10. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 11. This obligation was subsequently assigned to Plaintiff for value. 12. Defendant, ROGER E FAILOR, received and accepted the aforementioned medical services which were provided by Plaintiffs assignor 13. The prices charged by Plaintiff s assignor were the prices that Defendant, ROGER E FAILOR, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, ROGER E FAILOR, in the amount of $10,601.05 as of MAY 29 2008. 15. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 29 2008. 16. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ROGER E FAILOR, in the amount of $10,601.05 with continuing interest thereon at the rate of 6% per annum from MAY 29 2008 and costs. COUNT III - ACCOUNT NO. 8589348820 17. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 18. This obligation was subsequently assigned to Plaintiff for value. 19. Defendants, ROGER E FAILOR, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 20. The prices charged by Plaintiff's assignor were the prices that Defendant, ROGER E FAILOR, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, ROGER E FAILOR, in the amount of $1,724.34 as of MAY 29 2008. 22. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 29 2008. 23. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ROGER E FAILOR, in the amount of $1,724.34 with continuing interest thereon at the rate of 6% per annum from MAY 29 2008 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. ------------- WILLIAM T. MOIXAN, 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#:6433082 C AS OF 17 r'0OI8D: 858 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 CARLISLE REGIONAL MEDICAL CTR PA 17015 PHONE (717) 960-1680 361 ALEXANDER SPRING RD CARLISLE -----_-- _________________________ ----------------------------- PATIENT: FAILOR, ROGER E F/C: P P/T: E A/C: 9351623 DSC CODE: 01 TO: FAILOR, ROGER E ADMISSION: 10/12/06 DISCHARGE: 10/12/06 441 CROSSROAD SCHOOL RD CARLISLE PA 17013 D E P A R T M E N T A M O U N T 80.46 34.80 291.77 677.33 1,084.36- ----- ------- ----------------- TOTAL 0.00 -- * SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDENTER=FORWARD CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, EXHIBIT 1 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 AS OF 05/12,/08 CARLISLE REGIONAL MEDICAL CTR PA 17015 PHONE (717) 960-1680 361 ALEXANDER SPRING RD CARLISLE _____________________________ ------------------------------------- PATIENT: FAILOR, ROGER E F/C: P P/T: 0 A/C: 7631415 DSC CODE: 01 TO: FAILOR, ROGER E ADMISSION: 09/12/06 DISCHARGE: 09/12/06 441 CROSSROAD SCHOOL-RD _CARLISLE PA 17013 AMOUNT 5,010.86 1,527.86 592.61 385.09 1,436.96 1,240.35 66.66 390.66 50.00- 10,601.05- TOTAL ---------- 0.00 ------------- --------- ------------------ * TO/MDCY= * E/MDCY= SELECT: REV= * DEPT= * CHGCD= DAT DATETURN,8=BACKWARD, ENTER=FORWARD CMD:I=DAR,2=PAT 4=DETAIL EXHIBIT r? 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 AS OF 05/12/08 . CARLISLE REGIONAL MEDICAL CTR PA 17015 PHONE (717) 960-1680 361 ALEXANDER SPRING RD CARLISLE ___ -------------------------------------------------- PATIENT: FAILOR, ROGER E F/C: P P/T: E A/C: 9348820 DSC CODE: 01 TO: FAILOR, ROGER E ADMISSION: 09/08/06 DISCHARGE: 09/08/06 441 CROSSROAD SCHOOL RD CARLISLE PA 17013 DEPARTMENT AMOUNT 63.68 107.60 1,553.06 1,724.34- ----------------------------------------TOTAL----=-*--- TO.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= 7=RETURN,8=BACKWARD, ENTER=FORWARD CMD:I=DAR,2=PAT 4=DETAIL EXHIBIT s The undersigned does heroby verify subjet to the penoWes of 18 PAX,& 14904 relating to unsworn falsifications to authorities, that she is (Name) ,.. Y r??r ?tt'? e T Pt'ft'I`F()I?I()_ •? plaintiff o f • } V GE - (Title) (Company) `n, that she is duly uthorized to make this Verification, and that the facts set forth in herein, foregoing Complaint in Civil etion am trae and correct to the best of her k nowledP, the A infornnation and belief wwR# v 73 -n ' t?7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS FAILOR ROGER E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FAILOR ROGER E was served upon the DEFENDANT , at 0010:28 HOURS, on the 24th day of July 2008 at 441 CROSSROAD SCHOOL RD CARLISLE, PA 17015 ROGER E FAILOR DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge -/39168 18.00 7.00 .00 10.00 .00 35.00 Sworn and Subscibed to before me this day So Answers: -:: ?? ,;: ? 0 -1 4?? ? , ? Z. R. 'Thomas Kline 07/25/2008 WELTMAN WEINBERG & REIS By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. ROGER E FAILOR Defendant No. 08-4328-CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06433082 Judgment Amount $ 1109.32 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 INTERNATIONAL PORTFOLIO INC. Plaintiff vs. ROGER E FAILOR Defendant TO THE PROTHONOTARY: Civil Action No. 08-4328-CIVIL PRAECIPE FOR DEFAULT JUDGMENT COUNTI Kindly enter Judgment against the Defendant, ROGER E FAILOR above named, in the default of an Answer, in the amount of $1109.32 computed as follows: Amount claimed in Complaint $1084.36 Interest from 05/29/08 to 09/15/08 at the legal interest rate of 6.00% per annum $24.96 TOTAL $1109.32 COUNT II Kindly enter Judgment against the Defendant, ROGER E FAILOR, above named, in the default of an Answer, in the amount of $10845.02 computed as follows: Amount claimed in Complaint $10601.05 Interest from 05/29/08 to 09/15/08 at the legal interest rate of 6.00% per annum $243.97 TOTAL $10845.02 COUNT III Kindly enter Judgment against the Defendant, ROGER E FAILOR, above named, in the default of an Answer, in the amount of $1764.02 computed as follows: Amount claimed in Complaint $1724.34 Interest from 05/29/08 to 09/15/08 at the legal interest rate of 6.00% per annum $39.68 TOTAL $1764.02 TOTAL COUNT I, COUNT II, & COUNT III $13718.36 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. r By William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 WWR406433082 Plaintiffs 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: 441 CROSSROAD SCHOOL RD, CARLISLE, PA 1.7013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO IN Plaintiff ROGER E FAILOR Defendant(s) IMPORTANT NOTICE TO: ROGER E FAILOR 441 CROSSROAD SCHOOL RD CARLISLE,PA 17013 Date of Notice : WWR#: 06431724 Case # _08- g3P8 CIVIL 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 : PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.F.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. ROGER E FAILOR Defendant Case no: 08-4328-CIVIL NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ROGER E FAILOR 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, ROGER E FAILOR is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this K day --Qf 5601\1W . V60f9'. COMMONWEALTH OF PENNSYLVANIA Notarial Sea! 10TARY P C Heidi J. Kelly, Notary Public ?Y Of Pittsburgh, Allegheny Cou-dy MY Commission E)Vres Nov. 4, 20Ug 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 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I of 2 SEP-15-2008 08:29:16 ¦C Last Name First/Middle Begin Date Active Duty Status Service/Agency FAILOR 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. got pt 44. A??- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mit/fag/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/15/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BJURZMANORR https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/15/2008 „? rs ?p r .: s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. 084328-CIVIL ROGER E FAILOR 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 on gloAliq (xx) Assumpsit Judgment in the amount of $1109.32 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: S C.ll,l_ ?. PRO O--A (OR DEPU ? ROGER E FAILOR 441 CROSSROAD SCHOOL RD CARLISLE, PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC T ti Plaintiff vs. Civil Action No. 08-04328-CIVIL `.<' r? - yy' 6? 12d, (9r-vsb-?R I-1o13 CyosSY :- -? E --:ROGER E FAILOR J - Defendant(s) 7b } M & T BANK W Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against ROGER E FAILOR , Defendant 3. against M & T BANK, , , Garnishee 4. Judgment Amount $ $13,718.36 $ $900.00 -V I ?? g I S . ? ?p Less Payments/credits received Interest $ $2,974.44 Costs $ SUBTOTAL: $ $15,792.80 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. lam-` By: ^,A,` i OC William T. Molczan, Esqui Wr es ?jS • PA I.D. #47437 WELTMAN, WEINBER & REIS CO., L.P.A. N , 1400 Koppers Building 436 Seventh Avenue a ' Pittsburgh, PA 15219 c -01 - Y?f a (412) 434-7955 a5 Poe Co• ag laslyb'?3 ? W WR No. 6431724 w r 1? Cr( & Dsuej IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff VS. ROGER E FAILOR Defendant(s) M & T BANK Garnishee(s) No. 08-04328-CIVIL PRAECIPE FOR WRIT OF EXECUTION 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 No. 6431724 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4328 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTERNATIONAL PORTFOLIO INC. Plaintiff (s) From ROGER E. FAILOR, 441 CROSSROAD SCHOOL ROAD, 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: M&T BANK, 1 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$12,818.36 Interest $2,974.44 Atty's Comm % Atty Paid $159.00 Plaintiff Paid L.L. S.50 Due Prothy $2.25 Other Costs Date: MAY 18, 2012 (Seal) David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN, 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. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 7? t.? riI MAY 30 AM 8: Richard W Stewart Solicitor 'E N?SY! VANI International Portfolio Inc. vs. Roger E Failor SHERIFF'S RETURN OF SERVICE Case Number 2008-4328 05/24/2012 09:19 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2012 at 0919 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Roger E. Failor, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Yvette Shughart, Teller, 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 May 29, 2012 to Roger E. Failor at 441 Crossroad School Road, Carlisle, PA 17013. SO ANSWERS, l? .. May 29, 2012 RON R ANDERSON, SHERIFF ? m ate Muller, D,eputy TN THE COURT OF COMMQ91?ERLAND COUNTY, PENNSYLVANIA r '` IL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. ROGER E FAILOR Defendant(s) M&TBANK Garnishee(s) Civil Action No. 08-04328-CIVIL Ow Uic (5 INTERROGATORIES IN ATTf-P ACHMENT 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 W)WR No. 6431724 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. ROGER E FAILOR Defendant(s) M & T BANK Garnishee(s) Civil Action No. 08-04328-CIVIL TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: ROGER E FAILOR, 441 CROSSROAD SCHOOL RD, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5370 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. 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. 6431724 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)? 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 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. 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? 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? 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? 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? 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. WWR No. 6431724 40 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. l l? 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. N-1 IL If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N"ZI 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account.' WELTMAN, WEINBERG & REIS CO., L.P.A. By: 'A4 William T. Molczan, Esqui -1 / . PA I.D. #47437 WELTMAN, WEINBER & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431724 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 ..., 07 of (Title) (Company) , garnishee herein, 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. JUN 0 5 2012 (SIGNATURE) WWR No. 6431724 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 # 6431724 l t Attorney for Plainb? { f. i u U {' Y m } ? ? ? lY C 1.1 ?.f r ( ,? R _'?'kNO cold t SYt INTERNATIONAL PORTFOLIO INC VS. ROGER E FAILOR, and M&TBANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 08-04328-CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), M & T BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molc , Esquire Attorney for Pla' ff wk T9. Sb if I ?a ic ) ss ? a?U ?sy