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HomeMy WebLinkAbout08-7431 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. KRIS WESLEY KELLEY, Defendant No. Cog - 1131 a'. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7103378 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. Civil Action No. KRIS WESLEY KELLEY, Defendant COMPLAINT IN CIVIL ACTION 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. 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 ROAD, NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at the address listed below: KRIS WESLEY KELLEY 8 FALCON CT MECHANICSBURG,PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXX'00XXXXX7382. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of DECEMBER 4, 2008 in the amount of $10,696.00. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1,500.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KRIS WESLEY KELLEY, individually, in the amount of $10,696.00 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $1,500.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. brodt, Esquire PA I.D. 42 24 WELT A , WEINBERG & REIS CO., L.P.A. 1400 op ers Building 436 ev nth Avenue Pi b gh, PA 15219 (41 434-7955 VIJI.V CK $10,696.00 CARD 22 SDSN6A01 0001437 KRIS KELLEY 8 FALCON CT MECHANICSBURG PA 17055-4315 ......... - -,-.._... --- ..,,,..,,y .., ....... ..J?i $10,696.00 J Enter Amount Enclosed Below Payment Due Date $ March 21, 2007\ Please make check payable to Discover Platinum card. Minimum payment due includes a past due amount of $2,040.00. 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 Discover.com/payments today. PO BOX 6103 Ill??rll?ur?l?lulrlrllr?l CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change inspace above, or go to Discovercard.com. Print your e-mail adess to receive important Account information and special offers. 000001986458804420400106960000000001069600 Discover Platinum Card Account Summary Closing Date: February 22, 2007 page 1 of 1 Account number ending in 7382 Previous Balance $10,696.00 Payment Due Date March 21, 2007 Payments And Credits 0.00 Minimum Payment Due $10,696.00 Purchases + 0.00 Credit Limit $14,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 'Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance - $10,696.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashbadc Bonus Balance $ 0.00 Cashback Bonus -Anniversary - - - - - _ Available to Redeem - 4-- - - - - 0,00- ... - .- Date: July 22 How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view our P latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service 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 with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance Rates RATES RATES CHARGES CHARGES :current billing period: 31 days Purchases $0 0.04997% 18.24% V 18.24% $0 none Cash Advances $0 0.0547701. 19.99% F 19.99% $0 $0 previous billing period: 22 days Purchases $0 0.04997% 18.24% V 18.24% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. EXHIBIT VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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. (Signature) WWR# 7103378 Kris W. Kelley '6011002710127382 Sli w `? OD ? a - r? r? f71`r; .E (04 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS KELLEY KRIS WESLEY 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 KELLEY KRIS WESLEY the DEFENDANT at 1937:00 HOURS, on the 5th day of January , 2009 at 8 FALCON COURT MECHANICSBURG, PA 17055 LYDIA KELLEY, WIFE 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: So Answers: Docketing 18.00 Service 9.90 Affidavit .00 , Surcharge 10.00 R. Thomas Kline .00 37.90 01/06/2009 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day D puty She/riff of A.D. ....? ?,? -t c. ?, ;?1'i -T C J ....a -j { ? r 4 ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRIS WESLEY KELLEY Defendant No. 08-7431-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#7103378 Judgment Amount $ 12,196.00 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. 08-7431-CIVIL TERM KRIS WESLEY KELLEY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KRIS WESLEY KELLEY above named, in the default of an Answer, in the amount of $12,196.00 computed as follows: Amount claimed in Complaint $10,696.00 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,500.00 TOTAL $12,196.00 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, Esgt?e PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7103378 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1.400 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 8 FALCON CT, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KRIS WESLE KELLEY Defendant TO: KRIS WESLE KELLEY 8 FALCON CT MECHANICSBURG, PA 17055 Date of Notice:11,30169 Case No. 08-7431 CIVIL TERM IMPOR ANT 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 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, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717)249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. boozwvt' Patrick Woodman P.A.L.D.# 34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7103378 A PIT 13413 y y ! IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KRIS WESLEY KELLEY Defendant Case no: 08-7431-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, KRIS WESLEY KELLEY 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, KRIS WESLEY KELLEY is not in the military service. Further Affiant sayeth naught. (n/ AFFIANT SWORN TO AND SUBS of Februa 200. ` N ARY P IC in my presence this k 0 day COMMONWEALTH 9 OF PENNSYLVANIA Notarial Seal Wayne A. Jonas, Notary Public Ck/ Of Pittsburgh, AlleghwW Cow* * GOtlrniaalon E;:pires June ?A, 2M llillaftli, neylvanlr. Assoole m a 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 FEB-17-2009 08:27:35 ,< Last Name First/Middle Begin Date 7 Active Duty Status Service/Agency KELLEY KRIS 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. vljot44_? - &MY, fol A?M_ 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: httW.//www.defenselink.mil/fagis/PC09SLDR.htm1 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: BIXEZTXNFTH https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/17/2009 ,-- ,?, `? r ? ?. c5, ? ?.. O, r . ''K3 '_ n 1 ? ? `y y ,? r ?-? ?? -1C n-t ` C t ` -ma ... ?S , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7431-CIVIL TERM KRIS WESLEY KELLEY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 91,)l IM (xx) Assumpsit Judgment in the amount of $12,196.00 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: hAh PRO ONOTAR EP IT Y) KRIS WESLEY KELLEY 8 FALCON CT MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t` Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?a?utr of ???u?brrl??? (FF4GE of "H5 SHERIFF .fir FILED-OFFICE 0 "AIRY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MAY 31 AF, 9: 02 CUMBERLAND CUUNT`i PENNSYLVANIA Discover Bank Case Number vs. Kris Wesle Kelley 2008-7431 SHERIFF'S RETURN OF SERVICE 05/19/2011 09:50 AM - Ronald Hoover, Deputy Sheriff, who being duly swom according to law, states that on May 19, 2011 at 0947 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kris Wesle Kelley, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sherri Guttshall, Teller personally three copies of interrogatories together with three true an( attested copies of the writ of execution and made the contents there of known to her. 05/19/2011 09:35 AM - Ronald Hoover, Deputy Sheriff, who being duly swom according to law, states that on May 19, 2011 at 0932 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kris Wesle Kelley, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Dawn Egolf, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 05/23/2011 03:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2011 at 1515 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kris Wesle Kelley, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, b? handing to Carol Walter, Senior 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 May 25, 2011 to Kris Wesle Kelley at 8 Falcon Court, Mechanicsburg, PA 17055. May 25, 2011 Ronald Hoover, Deputy SO ANSWERS, RON R ANDERSON, SHERIFF R bert Bitner, Deputy (c) COLIMYSUIte Shenff. Teleosoft Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRIS WESLE KELLEY Defendant(s) M & T BANK PNC BANK METRO BANK Garnishee(s) Civil Action No. 08-7431 CIVIL TERM TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 METRO BANK20 NOBLE BLVDCARLISLE, PA 17013 L .,ELLEA' , 8 1"14.1 CONT C: i P01k:CaIAN1CSBI)RG, Suggested Reference No.: XXX-XX-0775 XXX-XX- r1SGJ.Gr.S ?-U IMPORTANT NOTICES TO GARNISHEE' ..,0 --i cn ? ;MM Zi ? °q T r~ -- r cD -{ "\3 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. 7103378 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 account xxxxx8334 with 'a balance of $8.81. Defendant did 'not receive $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. no ti3Tic ? a)?ir VreFT, ser'vGd 0i a?iitxi? sYrhSequent trmL did, you le-gal lii.1< tL)'='e 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. see answer to question 1 W WR No. 7103378 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. see answer to question 1 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. 5/25/11 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. 1 I . If the response to Interrogatory 7 is in the affirmative, are other funds corn ingled 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 l 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. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7103378 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRIS WESLE KELLEY Defendant M&TBANK Garnishee Civil Action No. 08-7431 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: C-) C ry x? ?i 's't ?a z < -?, % v D n ZQ 2 1>s N) o rn --? i -K -- Kindly enter Judgment against the Garnishee, M & T BANK, in the amount of $6,379.39, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7103378 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 1 West High St, Carlisle, PA 17013 arA+ S 14 oo p d a 41 et. 4 96'?-quI P-*,966 b 4 -? Nobu M ct Eed IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7431 CIVIL TERM KRIS WESLE KELLEY Defendant M & T BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $6,379.39 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: M& T Bank P OT ARY O II Y I West High St Carlisle, Pa 17013 r? ?, ?, ? „? ,: ,?..:: F ?_? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7431 CIVIL TERM KRIS WESLE KELLEY Defendant(s) INTERROGATORIES IN ATTACHMENT M&TBANK PNC BANK v1L 1'R0 BA 4K Garnishee(s) 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. 7103378 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7431 CIVIL TERM KRIS WESLE KELLEY Defendant(s) M&TBANK PNC BANK METRO BANK Garnishee(s) TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 METRO BANK20 NOBLE BLVDCARLISLE, PA 17013 1ti1Zi ESLE KELLEY , 8 FALCON CT, MECi-IANICSBUFcG, PA 170:513) Suggested Reference No.: XXX-XX-0775 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 ail 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. 7103378 TM- IS A . OIXT ACCOUNT M & T Bank requirc3s written INTERROGATORIES IN ATTACHMENTAuthorizatiOn of both a owners and/or rnover Ordor to e R41s.or I . At the time you were served or at any subsequent time did you owe the de fen dan were you liable to him on any negotiable or other written instrument, or did lie claim that you owed him any money or were liable tp him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? ?,j 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 terns, 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+fedVant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. T"??ia j _ c?•?j??s?f'?'Q??c?rC? O ?jsO (A ?y r At the time you were served or at any subsequent time was there in your possessioTu6` ?ror control of yourself and one or. more other persons any property of any nature owned solely or m p gt1 defendant. I (;? 00 3. A, the tune you were served or, at an} subseq,u , ent tirne aid yet, hold legal ° t c io a: y I ol;erty o 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? 1 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 anti if so what was the consideration thereof? IM 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 other se 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 fiends 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. ?J WWR No. 7163378 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. ?)o 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. J 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 unds were frozen, restricted, or otherwise put on hold by this institution. (, l 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 o??T tachment under Pennsylvania or federal law? C,,.. 12. If the response to Interrogatory 1 l 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.F.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7103378 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Melissa M. Peters to unsworn falsifications to authorities, that he/she is 0 n r, ~'° 1 (Name) c of ` 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 kledge, information and belief. 1 Z62011 c' 171 'IONATUR j -- WWRNo. 7103378 WELT AN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No. 2524 436 Sew nth Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412 434.7959 File # 71 3378 Attorney for Plaintiff(s) DISCO ER BANK S. KRIS W SLE KELLEY Cumberland County Court of Common Pleas NO. 08-7431 CIVIL TERM PNC BANK, METRO BANK arnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION rrj03 C- -<Z C:) DC) C3-r1 ZG O Q TO THE PROTHONOTARY: Kind y marked the above matter discontinued and ended as to Garnishee(s), PNC BANK, METRO BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn tc Before n nd subscribed the /day of June, 2011 AR P NW F ENNSYLVANIA ic Sheila G. Bevan, NotaRunty Ross Twp„ Allegheny My Commissio n Ex !reg FJO014 MEMBER, PENNSVIVANa ASSOCIATION OF NOTARIES James CyWarmbrodt, Esquire Attorne for Plaintiff OIM-? V. S•c o t d CL6spy U-QW3 aI WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Jame: (' `; armbrodt, Esquire I.D. No.42. 74 436 Seventh A,.,enue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.43,1.7959 File # 7103378 DISCOVER BANK vs. KRIS WESI_E i1.ELLEY and M&T BANK Ganiish; e(s) Attorney for Plaintiff(s) ?- r Z r- rri z t'? Q rn Cumberland County Court of Common Pleas NO. 08-7431 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly markad the above matter satisfied as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the / of July, 2011 01 N ARY PU ,IC COMMONWEALTH OF PcRNNS'l'L`MNIA Notarial Seal Wayne A. ]ones, Notary Public City of Pittsburgh, Allcgheny County My Commisslon Ex Tres June 29, 2014 Member, Pannevlvenle Awoeil0on of Nataries 10L14 ag,Od pd a" G??r 5? s? l03 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KRIS WESLEY KELLEY Debtor KRIS WESLEY Movant V. DISCOVER BANK, Respondent CHAPTER 7 CASE NO. 1:11-bk-04879-RNO Cumberland County Docket No. 08-7431 Civil AMENDED ORDER = Aj OO v 512 , - r ?? -? ao UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the B tcy Code, it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgmen of DISCOVER BANK in the approximate amount of $12,196.00 entered in Cumberland County at docket number 08-7431 be and hereby is avoided; it is further ORDERED AND Prothonotary of Cumbert in the judgment indices. Dated: November 15, 20 ?CREED that a certified copy of this Order may be filed with the l County and the Prothonotary is directed to terminate the judgment By the CouM ?; Jr naJ ftbeA N. OpeL It, BsnkruptCy l tun. 1 !`.inn 1 .44 W, nA 07n MKI rl%-- 4 0 MI-A 4 A 14 01AA r.-.L_.-_A AA/AC 1AA AA.nn_A^ 11___