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HomeMy WebLinkAbout08-5353IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No: 08 _ 5333 0.1yll lers, vs. COMPLAINT IN CIVIL ACTION JOHN A FARROW 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 06788608 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N. Plaintiff VS. Civil Action No JOHN A FARROW 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, CAPITAL ONE BANK (USA), Nq is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: JOHN A FARROW 140 LANCASTER BLVD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX7536 . 4. Defendant made use of said credit card and has a current balance due of $7392.42 , as of July 29, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 27.6005 per annum on the unpaid balance from July 29, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , JOHN A FARROW , INDIVIDUALLY , in the amount of $7392.42 with continuing interest thereon at the rate of 27.600W per annum from July 29, 2008 plus costs. -"> - James C. armbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, suite 1400 Pittsb rgh PA 15219 (412) 34- 955 FAX: 12- 38-7130 0678 608 C N Pit IAS This law firm is a debt collector attemitig to collect this debt for our client and any information obtaine w 11 be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $5,742 82 - $0 00 + $13911 + $39 00 = $5,920 93 $1,11700 Oct 16, 2007 Aug 22, 2007 - Sep 21, 2007 Page 1 of 1 Visa Platinum Account 4003.4426.3355.7536 (After Your Account Information REWARDS TOTAL CREDIT LINE $5,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $2.50000 AVAILABLE CREDIT FOR CASH $000 Flnance Charges (Please see reverse for i pontant information) Balance rate applied to Parodic APR dint CH RGE Purchases $5,81856 007712%D 2815% $13911 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 28.1574 Your account is six payments behind If we charge off your accourd due to late payments, we will report the charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your oulstmdug balances Act now 10 prevent this from happening Please pay the amount due on your statement or give us a cell at 1800 955, 6800 Well work with you so you can take cmbol of your account and start rebuilding your credit with Capital One "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately However, Capital One has defied not to rage your APRs at tes lime Please be advised that it you fad to keep your account in good standing, Capital One reserves the nght to rase your APRs in the future Rewards Summa Previous available balance $6576 Earned this period $000 (reflects transactions Posted during the bldg qcb) Available Balance $6576 ATh At Your Service t-80045&7070 Payments, Credits & Adfustments To cal CEstxna Relatiois our to report a lost or down card ® Send payments to. Transactions Capita One Bark P 0 Box 70884 Chado te. NC 28272.0884 1 15 SEP PAST DUE FEE $39 OD A Send ingnUrros to. C 1PeU One P 0 BeK 30285 Salt Lake City, UT 84130-0285 Q For more information on your Rewards. Viiiet. www capitelonecmJcaeheaeNs Cal 1.800.22i,T001 ® Have refer r question to the Billing a charge an your statement? Please e ref ng Rights Summary on the bed of You were assessed a past due fee because your minimum payment was not received by the due date. To avoid your statement or visit ties fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One 6056 506 1 07 21 070921 PAGE 1 of 1 O1DM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALLONE COM TO MAKE YOUR PAYMENT ONLINE • al I what's in your wallet?" New Balance Minimum Payment Due Date F$5,92093 $1,11700 Oct 16, oar 4003442633557536 21 5920930293001117006 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.6. Box 70884 Charlotte, NC 28272-0884 Account Number. 4003-4426-3355-7536 Please print address or phone number changes below using blue or black ink Address Home Phone Al-.- Phone E-mail! address Q #9026563399793486# MAIL ID NUMBER JOHN A FARROW 470 BROOK CIR nECHANICSBURG, PA 17050-4622 6788608 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN A FARROW Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that 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. Dated: -1- ?- 2-0,0 Q Anthony ti A049 WELTMAN, WEINBERG & REIS CO., L.P.A. M. W b C`? rv c ?m r'F- SHERIFF'S RETURN - REGULAR CASE NO: 2008-05353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS FARROW JOHN A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FARROW JOHN A was served upon the DEFENDANT , at 1000:00 HOURS, on the 13th day of September, 2008 at 140 LANCASTER BLVD MECHANICSBURG, PA 17055 LORI PONDER, GIRLFRIEND by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 /o/07/0 F .00 42.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/15/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff A. D. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOHN A FARROW Defendant No. 08-5353 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 WWR#06788608 Judgment Amount $ 8000.14 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-5353 CIVIL TERM JOHN A FARROW Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JOHN A FARROW above named, in the default of an Answer, in the amount of $8000.14 computed as follows: Amount claimed in Complaint $7392.42 Interest from July 29, 2008 to December 9, 2008 at the legal interest rate of 27.6% per annum $607.72 TOTAL $8000.14 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: 11-4 WILLIAM T. MOl/CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06788608 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 140 Lancaster Blvd, Mechanicsburg, PA 17055 l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff JOHN A FARROW Defendant(s) IMPORTANT NOTICE TO: JOHN A FARROW 140 LANCASTER BLVD MECHANICSBURG, PA 170055 ?^? Date of Notice: to G! -V 7 WWR#: 06788608 Case # 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: t _ rw?cti LbVad?v ,- - PATRI THOMAS WOODMAN PA T.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 CAPITAL ONE BANK (USA),NA Plaintiff VS. JOHN A FARROW Defendant Case no: 08-5353 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, JOHN A FARROW 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, JOHN A FARROW is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day f ec? - "aOp COMMONWEALTH OF PENNSYLVANIA Notarial Seal C?6ARY PUB Held J. Kelly, Notary Public CKY My Corms Ntnr 4,2006 - " Membaf. Pannsylvanle Assoclatlon of hlotarlas 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 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I of 1 DEC-09-2008 12:47:00 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency FARROW JOHN 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. 14. fit 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: hq://www.defenselink.mil/faq/p is/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: BZZCOQQBCLX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/9/2008 04 V Lo °° IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-5353 CIVIL TERM JOHN A FARROW Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $8000.14 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 ONOT D UTY) JOHN A FARROW 140 LANCASTER BLVD MECHANICSBURG, PA 17055 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5353 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) NA Plaintiff (s) From JOHN A. FARROW, 1300 BIGELOW DRIVE, APT. 35, HARRISBURG, PA 17103 (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 PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 SOVEREIGN BANK, 17 WEST HIGH STREET, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$8,000.14 L.L. $.50 Interest $1,177.62 Atty's Comm % Due Prothy $2.00 Atty Paid $161.50 Other Costs Plaintiff Paid Date: 6/27/11 David D. Buell, Prothonotary (Seal) gy; Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-5353 CIVIL TERM JOHN AFARROW --13bb r?:; e14W -IDr , t Defendant(s) p? i , 0 M & T BANK -1 UJ. [tW? -e. ASk j `] OI 3 M3 rrncu - PNC BANK - 1US No We Wd, CQr VS zrn rri SOVEREIGN BANK jt'?;te, PP 1`701- ? Garnishee(s) r--x --? PRAECIPE FOR WRIT OF EXECUTIO N C) TO THE PROTHONOTARY: C C)rrl Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOHN A FARROW , Defendant 3. against M & T BANK, PNC BANK, SOVEREIGN BANK, Garnishee 4. Judgment Amount $ $8,000.14 Less Payments/credits received $ 0 Interest $ $1,177.62 Costs $ SUBTOTAL: $ $9,177.76 Costs (to be added by Prothonotary): $ Q+(1?t+ ?' • So a ?. ob C6 `1?.SaKtI 114.po??tt D. sa WELTMAN, WEINBERG & REIS CO., L.P.A. I I I. - - ' ? ? y. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 o.. 5p L, L Cam- saF&y 9 ?? ?io$S WWR No. 6788608 U) T C5 ? Ex. zz' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 08-5353 CIVIL TERM vs. JOHN A FARROW Defendant(s) M & T BANK PNC BANK SOVEREIGN BANK, Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6788608 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C Sheriff r{ , Jody S Smith ?' Zrn C tz Chief Deputy Richard W Stewart r-- Solicitor QFFI Z' --r Q -F3 5, C, Capital One Bank (U.S.A.) N.A. Case Number vs. 2008-5353 John A Farrow SHERIFF'S RETURN OF SERVICE 07/01/2011 02:57 PM - Dennis Fry, 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to ALLISA PECK TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. 07/01/2011 03:51 PM - Dennis Fry, 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, PCN Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013 Cumberland County, by handing to BETH ANN EPPLEY BRANCH MANAGER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. 07/01/2011 02:56 PM - Dennis Fry, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. SHERIFF COST: $355.50 July 05, 2011 SO ANSWERS, ( '?Z' Y, - z2/ RbNINW R ANDERSON, SHERIFF Den s Fry, u y Sheriff !C; C0L0TyS1Aito Snenff. Te eoso?l. Inc. ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-5353 CIVIL TERM ca , c-:? , y JOHN A FARROW ? MMIX C- =-n Defendant(s) ;r M ;:v r- i== ? -- M & T BANK ? - PNC BANK SOVEREIGN BANK = F3 Garnishee(s) r? 4a dzr) `5 TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 SOVEREIGN BANK 17 W HIGH STCARLISLE, PA 17013 RE: JOHN A FARROW, 1300 BIGELOW DR APT 35, HARRISBURG, PA 17103 Suggested Reference No.: XXX-XX-3049 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. 6788608 j / 50t /'3 `L0 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)? i 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. ru 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? hO 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? V-1 13 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? PU 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. 00 WWR No. 6788608 8. lf'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. ` 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. --,1-?;1\\ 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 finds were fi-ozen, restricted. or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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 I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6788608 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 C- me) of va:?N •s-`T- , '?Qr)-C'? , 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. (SIGURE) 4 Zo» WWR No. 6788608 WELTMA"4, WEINBERG & REIS CO., L.P.A. BY: Jame,: C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 ''ittsburgh, PA .5219 Phone: 412.,434."955 Fax: 412.434.7959 File # 6788608 CAPITAL ONE BANK (USA),NA vs. JOHN A FARROW and PNC BANK, SOVEREIGN BANK, M & T BANK Ga. nisfi--:,(s) Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 08-5353 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION . O THE PK•D'I'HJNOTARY: rn wm =w- -r? } r ' iZ3 -rj CD c? Kindly r.:ark,.,d the above matter discontinued and ended as to Garnishee(s), PNC BANK, SOVEREIGN BANK, M & T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to aiid subscribed Before me the . day of August, 2011 i NOTARY PUBLIC Jam AC Warmbrodt, Esquire Attn ev for Plaintiff COMM- M (1t I° wiYANIA Notarial Sol Shelia G. Bevan, Notary Public Ross Tvrp., Allegheny County My Commir n m Nov. 15, 2014 MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES *$,Co Pb AYE &-J&3185 SHERIFF'S OFFICE OF CUMBERLAND COUNTY y R Anderson 'riff Jody S Smith Chief Deputy Richard W Stewart Solicitor 20112 MAR 22 Ali 10: 4 CUMBERLAND COUNTY' PENNSYLVANIA Capital One Bank (U.S.A.) N.A. vs. John A Farrow Case Number 2008-5353 SHERIFF'S RETURN OF SERVICE 07/01/2011 02:57 PM - Dennis Fry, 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to ALLISA PECK TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. 07/01/2011 03:51 PM - Dennis Fry, 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, PCN Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013 Cumberland County, by handing to BETH ANN EPPLEY BRANCH MANAGER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. 07/01/2011 02:56 PM - Dennis Fry, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to John A. Farrow at 1300 Bigelow Drive, Apt. 35, Harrisburg, Pennsylvania, 17013. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $199.87 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF !c1 Coiin,ySuite Sheriff. Teleasoft Inc,