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HomeMy WebLinkAbout09-0480r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT W SMITH III Defendant No : 04 o6 0"', L l 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 07186362 C A Pit ABR • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT W SMITH III 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: ROBERT W SMITH III 1256 ALMA LN MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4000 . 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 January 16, 2009 , in the amount of $4316.62 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 . s 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 , ROBERT W SMITH III INDIVIDUALLY , in the amount of $4316.62 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James C. a ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 1400 Pitts urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07186362 C A Pit ABR 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. ML VtK CARD oer -1-". M111111lu111 FUY1110111 Vue $4,316.62 I $4,316.62 Payment Due Date DUE IMMEDIATELY o8 SDSN6A01 0004364 ROBERT SMITH III 1256 ALMA LN MECHANICSBURG PA 17055-9710 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. tAccaunr rvumoer enaing in 4vvv Enter Amount Enclosed Below w Will your payment get to us on time's' Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 111 1111 is [oil 111 1 111 11111 11 11 CAROL STREAM IL 60197-6103 1 111 11 11 111111111 11 111 11111 11 111111111 11111 111 11 11111 11 111 11 11 000001986458434775330043166200000000431662 Discover More Card Account Summary Closing Date: November 8, 2008 page 1 of 1 Account number ending in 4000 Previous Balance $4,316.62 Payment Due Date December 7, 2008 Payments And Credits 0.00 Minimum Payment Due $4,316.62 Purchases + 0.00 Credit Limit $5,300.00 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 = $4,316.62 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 EXHIBIT A- Cashback Bonus Balance $ 0.00 Cashback BonOs? Annlver3ary .Available to Redeem - - - - - - .. - .. -- .. -4 0.00. Date: September 8 How Can We Help You? It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance For hearing impaired) see reverse side 1. Visit Discover.com to pay your bill for no cost, view your latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates RATES RATES CHARGES CHARGES current billing period: 6 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 previous billing period: 2 days Purchases $0 0.07942% 28.99% F 28.99% $0 none 11 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 unworn falsifications to authorities, that he is Steve Ball (Name) Accounts Manner 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. \C? (Signature) WWR# 7186362 Robert W. Smith '6011002311224000 V 4 C-S W 14. m d ?v r' C=- lz4 C- CD ?. J ?,a DO) SHERIFF'S RETURN - REGULAR CASE NO: 2009-00480 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SMITH ROBERT W III NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH ROBERT W III the DEFENDANT at 1256 ALMA LN at 0013:11 HOURS, on the 4th day of February-, 2009 MECHANICSBURG, PA 17055 by handing to SEMOY SMITH WIFE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 6.30 Affidavit Surcharge .00 10.00 , R. Thomas Kline .00 34.30 02/05/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. c\ ui <_ ? r7 CL • f C ! - . V[ co CC) .e W N (.) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT W SMITH III Defendant No. 09-480-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#7186362 Judgment Amount $ 4,816.62 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. 09480-CIVIL TERM ROBERT W SMITH III Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT W SMITH III above named, in the default of an Answer, in the amount of $4,816.62 computed as follows: Amount claimed in Complaint $4,316.62 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $500.00 TOTAL $4,816.62 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: ky ' William T. Molczan, EsSfIre PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh. Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7186362 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1256 ALMA LN, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-480-CIVIL TERM ROBERT W SMITH III 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 t? (xx) Assumpsit Judgment in the amount of $4,816.62 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 HONOTA DE TY) ROBERT W SMITH III 1256 ALMA LN MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7b Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA CMV DIVISION DISCOVER BANK Plaintiff VS. ROBERT W SMITH III Defendant Case No. 09-480 CIVIL TEfRM IRPQBTANT NOTICE TO: ROBERT W SMITH III 1256 ALMA LN MECHANICSBURG, PA 17055 Date of Notice: ©1 YOU ARE IN DEFAULT BECAUSE YOU'' HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT NO WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLE S YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAIN$ YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOURI 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 & REI$ CO., L.P.A. By. Ma w Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Se enth Avenue, 1400 Koppers Building Pittsburroh, PA 15219 Phone: 412) 434-7955 718636 PA PIT J4C IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 09-480-CIVIL TERM Plaintiff vs. ROBERT W SMITH III Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. I Affiant further states that the within Affi avit 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, ROBERT W SMITH III 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, ROBERT W SMITH III is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this I S day of March, 2009. COMMONWEALTH OF PENNSYLVANIA N ARY PU Notarial Seal Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect 'this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center 41 P Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAR-17-2009 07:47:22 Last Name First/Middle Begin Date Active Duty Status Service/Agency SMITH III ROBERT 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. Owt fol 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: _h_ttp //w_ww.defenselink.mil/faq/g s/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: GUVDPPEGQV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2009 ? ? 't "?'v Go SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,. ~~~~~,tr ni ~.nan2~p~,~~~~ Jody S Smith T a fl~ ~~i~ ~ ~ I ~,~g~QTA~,~ Chief Deputy ~ ~ ~` ~ ~ ~.,' a~. ~:i~ Richard W Stewart ~ 1Q ~ ~ ~~~ "" ~ Solicitor ~~~,~~ ~F TAE S~~Ri>=~ =t~W~ ,-, Discover Bank vs. Case Number Robert W Smith 2009-480 SHERIFF'S RETURN OF SERVICE 09/30/2010 10:30 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert W. Smith, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 4 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Amber Sassaman, Member Services 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 October 1, 2010 to Robert W. Smith III, 1256 Alma Lane, Mechanicsburg, PA 17055. SO ANSWERS, '-"-.-- October 01, 2010 RON R ANDERSON, SHERIFF illiam Cline, Deputy ;c) Count, Suito Sher+ff, TeiecsoYt, lrta IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT W SMITH III Defendant No. 09-480 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACI~I~NT ONLY MEMBERS 1sT FEDERAL CREDIT UNION, Garnishee, 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#07186362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-480 CIVIL TERM ROBERT W SMITH III , 1a.5lo ql~ (A,~ Meth , PA Iryo55 Defendant MEMBERS 1ST FEDERAL CREDIT UNION, N MarkeF P(~Q, (day Much, PA ITOSs Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against ROBERT W SMITH III, Defendant 3. against MEMBERS 1sT FEDERAL CREDIT UNION, Garnishee 4. Judgment Amount Interest Costs SUBTOTAL: $ 4,816.62 $ 427.78 $ 5,244.40 Costs (to be added by Prothonotary): $a't~S6 PD A7T`~ 3.30 CAF" 78.50 u 1~. oo a.so ~~ 153. SO - P4 nTTy -~ a.oo .. '50 ~ WELTMAN, ERG & 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 c~ x'78 7843 u.~ a~88so WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-480 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From ROBERT W. SMITH III, 1256 Alma Lane, Mechanicsburg, PA 17055 (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: MEMBERS 1sT FCU, 4 Market Plaza Way, Mechanccsburg, PA 17055 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 $4,816.62 Interest -- $427.78 L.L.$.50 Atty's Comm Atty Paid $153.80 Plaintiff Paid Date: 9/28/10 (Seal) Due Prothy $2.00 Other Costs Dav u rothono ary By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 . + ~ ti ~ RECEIVED ` SEP 3 82010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION DISCOVER BANK Plaintiff vs. ROBERT W SMITH III Defendant and No. 09-480 CIVIL TERM INTERROGATORIES INATTACHMENT MEMBERS 1sT FEDERAL CREDIT UNION MEMBERS 1ST FEDERAL CREDIT UNION Garnishee 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#07186362 -- -~ ~ ~~ --~ r-- .~ --~ Cl7' ~ -~`.3 ~~ ~_ _, ~ .r_ CKJ ~~ ~ ~~7 ....~ ca ~ ~~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT W SMITH III Defendant and MEMBERS 1ST FEDERAL CREDIT UNION Garnishee Civil Action No.: 09-480 CIVIL TERM TO: MEMBERS 1ST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-6190 4 Market Plaza Way Mechanicsburg 17055 RE: ROBERT W SMITH III 1256 ALMA LANE MECHANICSBURG, PA 17055 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following inter ogatories 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)'? N~ 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments;' the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ~,~ 2. At the time you were .served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. ~~ 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 'Nb 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? ~b 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? ~~ 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ~b 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 recumng basis. ~~ 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, identity each account. "~0 Funds 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. \ l~ 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. ~~ 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 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. ~~Qc 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#07186362 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 AnalystofMembers 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. 1GNATURE) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 07186362 DISCOVER BANK vs. ROBERT W SMITH III and MEMBERS 1ST FEDERAL CREDIT UNION Garnishee(s) Attorney for Plaintiff(s) CUMBERLAND County Court of Common Pleas NO. 09-480 CIVIL TERM c a '~*- -~, = a --~ ~~ ~~ ~ -~ ~ ~ r~ <~ ~ ~° ~ _ ~ ~~ ~ a rrt '°` -- c~ D -.< m ~ -~ PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1ST FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG 8~ REIS CO., L.P.A. -s Y Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the U D~y OCTOBER, 2010 ~S.oo Pa pTt^1 C~ 483143(0 Q.~'asoso0 COMMONWEALTH OF PENNSYLVANL4 NOtaHalSEal Wayne A. ]one, Notary Publk ~Y ~ , Allaptnny O~y QOrtMtrelNa- 71NM m1~ Mee~ber. PMlnsvwMYo NOfalkf Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THEFILED-OFFICE u F, PRO` 140NOTAR s" 2011 APR 15 PM 1: 10 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Case Number Robert W Smith 2009-480 SHERIFF'S RETURN OF SERVICE 09/30/2010 10:30 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert W. Smith, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 4 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Amber Sassaman, Member Services 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 October 1, 2010 to Robert W. Smith III, 1256 Alma Lane, Mechanicsburg, PA 17055. 04/14/2011 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: $91.17 SO ANSWERS, April 14, 2011 RON R ANDERSON, SHERIFF 13 ''Sharon R. Lantz a 5'S 070 (ci Ccir,,rysulte SherifF. rei?osnft (i?c.