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HomeMy WebLinkAbout08-4697ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Dg - qAl 0'ivir-wrm vs. COMPLAINT IN CIVIL ACTION DAN J CAHAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06804135 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DAN J CAHAN 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 and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 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: DAN J CAHAN 57 E MAIN ST WALNUT BOTTOM, PA 17266 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX7240 . 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 July 18, 2008 , in the amount of $4862.33 . 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 $500.00 . 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 , DAN J CAHAN INDIVIDUALLY , in the amount of $4862.33 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys, fees of $500.00 , and costs. James armbrodt 4-2524 WEL WEINBERG & REIS CO., L.P.A. Pih, PA 15219 43/0441)C th Avenue, Suite 1400 (4-7955 FA338-7130 06 A Pit ABR This law firm is a debt collector att mp ing to collect this debt for our client and any information obtai will be used for that purpose. V 161% 44,b62.33 I-$4- ....... a ••' • --- CARD __ I Enter Amount Enclosed Below Payment Due Date May 14, 2008 Please make check payable to Discover Card. Minimum Payment due includes a past due amount of $1,036.00. 15 SDSN6A01 0003700 v { } DAN CAHAN PO BOX 111 WALNUT BOTTOM PA 17266-0111 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 Dfscovercard.com/payments today. PO BOX 15251 Address, e-mail or telephone change? Print change ins ce WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail add ess to receive important Account information and special offers. 000001986458214952661048623300000000486233 Discover More Card Account Summary Closing Date: A ccount number ending in Payment Due Dat 7240 e Minimum Payment Due May 14, 2008 $4,862.33 Credit Limit $3,500.00 Credit Available $0.00 i Cash Credit Limit $0.00 Cash Credit Available $0,00 April 15, 2008 page 1 of 1 Previous Balance Payments And Credits $4,862.33 Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Char s ' + 0.00 - ---- -- New Balance - + 0.00 -- $ 4 B62 33 Cashback Bonus® Opening Cashback Bonus Balance $ New Cashbock Bonus Earned 0'00 ± _ 0.00 Caslback Bonus® Anniversrn Cashback Bonus Balance $ 0.00 Y - - Available to-Redeem- - _ Date: April 15 $ D.00- How Can We Help You? For Account Inquiries, write to us at: Please have your Discover Cord available. Discover More Card, PO Box 30943 Manage your account online at Discowrcard.com Salt Lake City, UT 84130 Customer Service: 1-800-DISCOVER (1-800.347.2683) For TDD assistasistaonccee, , see rever see revers Device for the Deaf); se side. 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. EXHIBIT Finance Charge Summary Avers Dail ga Y a anc s Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee current billing period: 15 days Rates ?- RATES _ FINANCE AGES Purchases $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 previous billing period: 19 days 0.07942% 28.99% F 28.9930 $0 none $0 Purchases $0 0.07942% 28.9950 F 28.99% $0 The rates that apply to your Account are either fixed (F) or the m none y ay vary (V) as n oted above. 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. J ignature) WWR # 6804135 DAN J CAHAN 6011002170747240 o O 3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CAHAN DAN J MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAHAN DAN J the DEFENDANT , at 0018:58 HOURS, on the 12th day of August 2008 at 57 E MAIN STREET WALNUT BOTTOM, PA 17266 TERESA CAHAN by handing to 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 q( bN1n r `d^ Sworn and Subscibed to before me this of So Answers: 18.00 14.00 00 10.00 R. Thomas Kline .00 42.00 08/13/2008 WELTMAN WEINBERG & REIS By: day eputy 'Sheri ff A. D. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DAN J CAHAN Defendant No. 08-4697-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#6 $by 135 Judgment Amount $ 5,362.33 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 DISCOVER BANK Plaintiff vs. DAN J CAHAN Defendant TO THE PROTHONOTARY: Civil Action No. 08-4697-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DAN J CAHAN above named, in the default of an Answer, in the amount of $5,362.33 computed as follows: Amount claimed in Complaint $4,862.33 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $500.00 TOTAL $5,362.33 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: William T. Molczan, uire PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#680'A ?2--5 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 57 E MAIN ST, WALNUT BOTTOM,PA 17266 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ((;; /I''4 rr ('? t2b + CcU?? Plaintiff Case # 1 DAN J CAHAN Defendant(s) IMPORTANT NOTICE TO: DAN J CAHAN 57 E MAIN ST WALNUT BOTTOM,PA 171266 C) Date of Notice: D WWR#: 06804135 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 : wood PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 08-4697-CIVIL TERM Plaintiff VS. DANJCAHAN Defendant 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. Affant 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, DAN J CAHAN 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, DAN J CAHAN is not in the military service. Further Affiant sayeth naught. AFFI T SWORN TO AND SUBSCRIBED in my presence this bb day of 1 COMMONW TH OF PENN YLVANIA NOTA PUB Notedal Seal Jenniter M. Sorowaki, Notary Public City of PNaburgh, AI %$" County ConWnW& n Feb. 2$ 2012 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-30-2008 08:32:04 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency CAHAN DAN 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. lot. EW?_ y6t ?"4_ * 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.mil/faq/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: BLMRGDCIHIH https://www.dmdc.osd.mil/scra/owa/scra.prc Select 10/30/2008 -ifr 0 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DANJCAHAN Defendant Civil Action No. 08-4697-CIVIL TERM 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 11 1 1/& 1 102 (xx) Assumpsit Judgment in the amount of $5,362.33 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: PR ONOTARY (OR DEPUT D/G8 DANJCAHAN 57 E MAIN STREET WALNUT BOTTOM, PA 17266 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 70' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff Vs. DAN J. CAHAN Civil Action No: 08-4697-Civil Term DEFENDANT'S PRO SE RESPONSE TO PLAINTIFF'S INTERROGATORIES IN AID OF EXECUTION NOW COMES Defendant, Dan J. Cahan, pro se, and in response to Plaintiff's Interrogatories in Aid of Execution states as follows: 1. What is your full legal name? Dan J. Cahan 2. What is your current address? PO Box 1 11, Walnut Bottom PA 17266 3. Are you employed? Yes, I work for Franklin County Pennsylvania 4. What is your annual salary or hourly pay? $14.97 per hour 5. Do you have any other sources of income? No 6. Are you married? Yes 7. Do you own or have interest in any land/real estate? No. My wife and I rent 8. Do you own or have interest in any motor vehicles? I have a 2002 Toyota Rav 4 with very high milage 9. What saving, checking and money market accounts do you own or have any interest in and what ownership interest you possess? Checking account with Commerce Bank 10. What Individual Retirement Account (IRA) do you own? None 11. Do you own or have interest in a safety deposit box? No 12. Do you belong to a credit union or other work related savings plan? No 13. What stocks, shares bonds, notes and shares in a mutual fund do you own or have an interest ? None 14. Does any individual, partnership, or corporation owe you money? No 15. Do you own life insurance? Small policy through the County 16. What television, stereos, VCRs, camcorders, cameras or other electronic/camera equipment do you have an interest in? My wife and I own a television. 17. What household furnishings do you have an interest in? My wife and I own basic household furnishings. Couch, Bed, Kitchen Set, Bedroom set 18. What jewelry do you own or have an interest in? Just my wedding ring 19. What firearms do you own or have an interest in? None 20. What coins, stamps or other collectibles do you own or have an interest in? None 21. What other personal property (not previously described) do you own or have an interest in? None 22. What other assets (not previously described) do you have an interest in? None VERIFICATION I, Dan J. Cahan, under the penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing answers to Interrogatories in Aid of Execution are true and correct to the best of my knowledge, information and belief. Dan J. Cahan CERTIFICATE OF SERVICE This will certify that on this day of , 2009, 1 caused a copy of the foregoing Answers to Interrogatories in Aid of Execution, to be served on counsel for Plaintiff by Certified U.S. Mailing, postage prepaid at the following address: Matthew D. Urban, Esq. Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Dan J. Cahan ? C`? ??? ,-- ?, ,"3 -?a :?? ?,.? c? ?.? `; ::.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 08-4697-CIVIL TERM vs. PRAECIP �E FOR WRIT OF XECUTION DAN J CAHAN S 7 I (Aadnub P.�fb►1i� � Defendant(s) METRO BANK ? aUnyl.),p lobe DI yd, Garnishees) FILED ON BEHALF OF rnt COUNSEL OF RECORD OF - THIS PARTY: William T. Molczan,EsquireC PA I.D.#47437 c n WELTMAN, WEINBERG&REIS CO.,'f,.P.) -: 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 so << 1q , oo , SOL- - W WR No. 60.413 5 J 4 J�S,f 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4697-CIVIL TERM DAN J CAHAN Defendant(s) METRO BANK 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 DAN J CAHAN ,Defendant 3. against METRO BANK. . .Garnishee 4. Judgment Amount $ $5,362.33 Less Payments/credits received $ $0.00 Interest $ $1,382.55 Costs $ SUBTOTAL: $ $6,744.88 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG& REIS CO., L.P.A. By: William T. MolcZan, squire PA I.D.#47437 WELTMAN, WE ERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 6804135 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4697 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DISCOVER BANK Plaintiff(s) From DAN J.CAHAN,57 E.MAIN STREET,WALNUT BOTTOM,PA 17266 (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: METRO BANK,20 NOBLE BLVD.,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$5,362.33 L.L.$.50 Interest $1,382.55 Atty's Comm % Due Prothy$2.25 Atty Paid $163.50 Other Costs Plaintiff Paid Date: MARCH 14,2013 hon"A aayz—e� avid D-Tuell,Prothonotary (Seal), 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4697-CIVIL TERM DAN J CAHAN Defendant(s) INTERROGATORIES IN ATTACHMENT METRO BANK Gamishee(s) FILED ON BEHALF OF: J Plaintiff COUNSEL OF RECORD OF THIS PARTY: .r c:> William T. Molczan, Esquire ' rn 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. 6804135 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION DISCOVER BANK. Plaintiff vs. Civil Action No. 08-4697-CIVIL TERM DAN J CAHAN Defendant(s) METRO BANK Gamishee(s) TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 RE: DAN J CAHAN , 57 E MAIN ST, WALNUT BOTTOM, PA 17266 Suggested Reference No.: XXX-XX-2964 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. 6804135 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)? Defendant has less than $300 exemption 1 a. If the answer to Interrogatory I 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 uujer each exemption and the amount of funds in each account, and the entity electronically depositing thow.,fpds on a recurring basis. WWR No. 6804135 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 fiords 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. 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. H. 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? 12. If the response to Interrogatory 1 I is in the affirmative,state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es e 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. 6804135 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 Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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 n i i l "(S ATUR ) WELTMAN,WEINBERG&REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) I.D.No.47437 436 Seventh Avenue, Suite 1404 Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File#6804135 DISCOVER BANK Cumberland County Court of Common Pleas f`r vs. r DAN J CAHAN MCC NO. 08-4697-CIVIL TER1V�� and METRO BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Gamishee(s),METRO BANK, only. WELTMAN,WEINBERG&REIS CO.,L.P.A. By William T Molczan,Es re Attorney for Plaintiff Pp AYH H 61 lj)q-7.jq8 P-,# ol891g0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'dy R Anderson driff Jody S Smith Chief Deputy 0113 SAP 26 P M 2: 50 Richard W Stewart Solicitor OFFICE OF THE SVERIFr PENNSYLVANIA Discover Bank vs. Case Number Dan J Cahan 2008-4697 SHERIFF'S RETURN OF SERVICE 03/20/2013 11:06 AM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evie Birtch, 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 March 26, 2013 to Dan J. Cahan at 57 E Main Street, Walnut Bottom, PA 17266. 09/25/2013 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: $87.93 SO ANSWERS, 6� September 25, 2013 RONlW Z R ANDERSON, SHERIFF 431 0�' COUNYSUH Shoriff.FeleosofT, Inc.