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HomeMy WebLinkAbout08-6819IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Dg- (o81q Li?vil ?earw vs LAURA K AMSPACKER Defendant COMPLAINT IN CIVIL ACTION 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 06978256 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LAURA K AMSPACKER Defendant Civil Action No 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: LAURA K AMSPACKER 23 S 39TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX9843 . 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 October 23, 2008 , in the amount of $8491.78 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 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 , LAURA K AMSPACKER INDIVIDUALLY , in the amount of $8491.78 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. WELT G & REIS CO., L.P.A. 436 S!u6 ue, Suite 1400 James 7CAAvPeiRt aL,4z5Zq Pitts 15219 (412) FAX: 0 069 8 AR This law firm is a debt collector atte p ing to collect this debt for our client and any information obtaine will be used for that purpose. vs.a%W -:e b GR $8,491.78 CARD 15 SDSN6A010002454 LAURA AMSPACKER 23 S 39TH ST CAMP HILL PA 17011-4203 .. ,wmrxr ending in Ya43 $8.491.78 J Enter Amount Enclosed Below Payment Due Date l r j' r August 14, 2008 Please make check payable to Discover Card. Minimum yment due includes a past due amount of $1,764.00. 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 times Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 15251 111111111111111111111 1111111111 WILMINGTON DE 19886-5251 000001986458615269830084917800000000849178 Discover More Card Account Summary Closing Date: July 15, 2008 page 1 of 1 Account number ending in 98,43 Previous Balance $8 491 78 Payment Due Date August 14, 2008 Payments And Credits , . 000 Minimum Payment Due $8,491.78 Purchases Credit Limit $6,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Cr dit A il bl + 000 e va a e $0.00 New Balance 6 $8,491.78 Cashback Bonus® Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 Coshback Bonus® Anniversary Cashback Bonus Balance $ 0,00 Available to Redeem $ 0.00 Date: April 15 . How Can We Hel You? p ' 1 - visit Discover.com to Pay your bill far no cost, view r latest Account information *am and rede d d It s your choice- 3 ways to help , em rewar s an more 2. Call 1-800•DISCOVER (347-2683) for fast easy selFservice Please have your Discover Card available. , options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3' Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use Your Discover Card wA rn AA.-._ mtormation 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 EXHIBIT npurchases 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 Dail Daily P i di Nominal ANNUAL PER ANNUAL Periodic Transaction Fee y Balance s er o c Rates CENTAGE RATES PERCENTAGE RATES C F FINANCE current billing period: 15 days C Purchases $0 Cash Advances $0 0.07942% 0.07942% 28.99% F 28.99% F 28.99% 28 99% $0 $0 none previous billing period: 18 days . $0 Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 knowledge, information and belief. 6t-Signature) WWR # 6978256 LAURA K AMSPACKER 6011002580759843 (?1 VI S A 7 C? co C i rn 09 f\) t% SHERIFF'S RETURN - REGULAR CASE NO: 2008-06819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS AMSPACKER LAURA K TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AMSPACKER LAURA K the DEFENDANT , at 0020:55 HOURS, on the 20th day of November-, 2008 at 23 S 39TH STREET CAMP HILL, PA 17011 LAURA K. AMSPACKER DEFENDANT by handing to 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 IA 6211,1 So Answers: 18.00 14.00 .00 __;?? le?z_ 10.00 R. Thomas Kline .00 42.00 11/24/2008 Sworn and Subscibed to before me this of By: day Dep/ty Sheri A. D. 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant No. 08-6819-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6978256 Judgment Amount $ 9,491.78 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. Civil Action No. 08-6819-CIVIL TERM LAURA K AMSPACKER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LAURA K AMSPACKER above named, in the default of an Answer, in the amount of $9,491.78 computed as follows: Amount claimed in Complaint $8,491.78 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $9,491.78 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: G? William T. Molc , Esquire PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 WWR#6978256 Plaintiff's 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: 23 S 39TH ST, CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-6819-CIVIL TERM LAURA K AMSPACKER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Onder or Judgrnent entered against you (xx) Assumpsit Judgment in the amount of $9,491.78 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: PRO ONOT TY) LAURA K AMSPPACKER 23 S 39TH ST CAMP HILL,PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant TO: LAURA K AMSPACKER 23 S 39TH ST CAMP HILL, PA 17011 Date of Notice: Case No. 08-6819 CIVIL TERM IMPORTANT NOTICE 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 OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRINGA LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO,, L.P.A. By: Patrick Woodman P.A.I.D134507 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6978256 A PIT T4S IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LAURA K AMSPACKER Defendant Case no: 08-6819-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, LAURA K AMSPACKER 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, LAURA K AMSPACKER is not in the military service. Further Affiant sayeth naught. AFFIANT j SWORN TO AND SUBSCRIBED in my presence this 2day of J nuary, 2009 PENNSYLVANIA Nc'rarial Seal OTARY PUBLIC 16 i a. Keliy, Notary Public City 01, Pittsbu qh. Allegheny County My Commissbrt S*rra Nov. 4, 2009 Member, Pefaisylvania Zsoclation of Notarfes 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 I JAN-07-2009 06:51:33 Last Name First/Middle Begin Date Active Duty Status Service/Agency AMSPACKER LAURA 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. Yh?r r?. 0404- 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: MLXIPSEWPZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/7/2009 •? C7 (?l rr G. N A ..o Ln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant MEMBERS 1sT FEDERAL CREDIT UNION and SOVEREIGN BANK, Garnishee, U'rhit pi tl'l?I. GC ?? .___-.v _-__- i6 /. No. 08-6819 CIVL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: r c? f y J 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#6978256 gq# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant MEMBERS 1 ST FEDERAL CREDIT UNION and SOVEREIGN BANK, Garnishee TO THE PROTHONOTARY: Civil Action No. 08-6819 CIVL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against LAURA K AMSPACKER, Defendant 3. against MEMBERS 1sT FEDERAL CREDIT UNION and SOVEREIGN BANK, Garnishee 4. Judgment Amount $ 9491.78 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 1152.90 $ 10,644.68 WELTMAN, WEINBERG & REIS CO., L.P.A. 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6819 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From LAURA K. AMSPACKER AT 23 SOUTH 39TH STREET CAMP HILL, PA 17011 (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 MEMBERS 1sT FEDERAL CREDIT UNION AT 3512 MARKET STREET CAMP HILL, PA 17011 AND SOVEREIGN BANK AT 168 SOUTH 32ND STREET CAMP HILL, PA 17011 GARNISHEE(S) as follows: and to notify the gamishee(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 $9,49'1.78 L.L.$.50 Interest $1,152.90 Atty's Comm % Due Prothy $2.00 Arty Paid $161.50 Other Costs Plaintiff Paid Date: 2/14/11 David D. Buell, Prothonotary (Seal) By: a4t-e J?ee ocofapo? Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BUILDING 4367 T"AVENUE PITTSBURGH, PA 15219 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 90963 Y: FACOVID FEB 18 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant and MEMBERS 1 ST FEDERAL CREDIT UNION and SOVEREIGN BANK Garnishee No. 08-6819 CIVL TERM k1S ovs td INTERROGATORIES IN ATTACHMEN T MEMBERS 1sT FEDERAL CREDIT UNION and SOVEREIGN BANK N C.3 zr*i rr" ca c rnF -v =70 r t-j m :?a -<2> " o Xc) oc-a -j m FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, W171INBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#6978256 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LAURA K AMSPACKER Defendant and MEMBERS I ST FEDERAL CREDIT UNION and SOVEREIGN BANK Garnishee Civil Action No.: 08-6819 CIVL TERM TO: MEMBERS 1sT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-8885 3 512 Market St Camp Hill PA 17011 SOVEREIGN BANK 168 South 32nd Street Camp Hill, PA 17011 RE: LAURA K AMSPACKER 23 S 39TH ST CAMP HILL, PA 17011 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. t 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)? ?U 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. NIA- 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. NU 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? W 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? ND 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. 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. /a XXX 5 NC) FDocI5 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. p 1A 10. If the answer to Interrogatory I 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. 016- IL If the response to Interrogatory 7 is in the affirmative, are ether 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 AAunder Pennsylvania or federal law? N1t? 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. By. 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#6978256 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 Jody L. Burkholder (Name) Deposit Operations Analyst of Members, 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ( IGNATURE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; Sheriff Jody S Smith ' Chief Deputy 011 F P 23 PM 12* Richard W Stewart Solicitor cFrl??c. - -ERIFF 1.-`U BER ?aE?? ;SUE `;1 Discover Bank I vs. Laura K. Amspacker Case Number 2008-6819 SHERIFF'S RETURN OF SERVICE 02/17/2011 11:01 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1058 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Laura K. Amspacker, in the hands, possession, or control of the within named garnishee, Sovereign Bank at 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kelly Magee, Retail Banking Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to Laura K. Amspacker at 23 S 39th Street, Camp Hill, PA 17011. 02/17/2011 01:32 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1329 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Laura K. Amspacker, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union at 3512 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Cindy Thomas, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, February 22, 2011 R #WERSON, SHERIFF Shqfwn Riffrison, Deputy . GGuntySull@ Sheriff, Tele sr , ft, Ine:. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVALIA ?° CIVIL DIVISION -0= r =m m t- N = Ca DISCOVER BANK M " ca-T+ p c' Plaintiff =C:) Civil Action No.: 08-6819 CIVL TERM vs. LAURA K AMSPACKER Defendant and MEMBERS I ST FEDERAL CREDIT UNION and SOVEREIGN BANK Garnishee TO: MEMBERS 1sT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-8885 3512 Market St Camp Hill PA 17011 SOVEREIGN BANK 168 South 32nd Street Camp Hill, PA 17011 RE: LAURA K AMSPACKER 23 S 39TH ST CAMP HILL, PA 17011 y6 46 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. 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)? See Attached 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. See Attached 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 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 42 Pa.C.S. § 8123? If so, identify each account. No-See Attached 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. February 17, 2011 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. February 17, 2011 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? Not applicable 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. Not applicable WELTMAN, WEINBERG & REIS CO., L.P.A. By. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & R.EIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6978256 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. Weil V (SI ATURE) bS :G, V q 1 03j ii0l ANSWERS TO INTERROGATORIES Account# 0371083060 Balance: $2,019.38 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $1,719.38 Account Holder: Elwood D Amspacker Jr Laura K Amspacker 23 S 39th St Camp Hill, PA 17011-4203 Account # 1695432540 Balance Account Holder: Laura K Amspacker TTEE Robert L Brackbill III BENEF David A Dutrow BENEF 23 S 39th St Camp Hill, PA 17011-4203 VERIFICATION $1,1161.17 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. Laura K Amspacker 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: Matthew D. Urban, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows. Laura K Amspacker 23 S 39th St Camp Hill, PA 17011-4203 - Ry? 0 ? Timot y J. Cooney C.O.P. Team Manager Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 February 22, 2011 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 _ Fax: 412.434.7959 -? '_ --. File # 6978256 DISCOVER BANK C; CUMBERLAND County Z- ? Q c' Court of Common Pleas p= vs. --I LAURA K AMSPACKER NO. 08-6819 CIVIL TERM and MEMBERS 1ST FCU SOVEREIGN BANK Garnishee(s) PRAECII'E TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1sT FCU and SOVEREIGN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By. Sworn to and subscribed Before me the 14day of MARCH, 2011 NO ARY P LIC JameAC. Warmbrodt, Esquire Attv for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seel Wendy L. Gault, Notary Public City of Pittsburgh, My C6mmis51on )Ores lug 1[9,02014 Member. PannsWenl0 A65ocl8111011 of Notaries Q,??? ? g, ?°' col a Cf%-FT as Y RIO- a56 T1 (P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith 101 f Chief Deputy AUG 23 PM 3: 52 Richard W Stewart CUMBERLAND COUNTY Solicitor OFF!,- E OF T',E SHERIFF PENNSYLVANIA Discover Bank Case Number vs. Laura K. Amspacker 2008-6819 SHERIFF'S RETURN OF SERVICE 02/17/2011 11:01 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1058 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Laura K. Amspacker, in the hands, possession, or control of the within named garnishee, Sovereign Bank at 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kelly Magee, Retail Banking Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to Laura K. Amspacker at 23 S 39th Street, Camp Hill, PA 17011. 02/17/2011 01:32 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1329 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Laura K. Amspacker, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union at 3512 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Cindy Thomas, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 08/22/2011 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: $150.80 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF j .170 CC.". .5-(, C. del. Dv. 3 (c) Gou?itySuite Shenft. TPl?csoft. Irr.