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HomeMy WebLinkAbout09-0486A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION DISCOVER BANK Plaintiff VS. HOLLY M CROCKETT Defendant No : 6Q - 1/9( PENNSYLVANIA COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS 436 Seventh Avenue, Suit Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07155347 C A Pit ABR O., L.P.A. 1400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. HOLLY M CROCKETT 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: HOLLY M CROCKETT 11 S HIGH ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1164 . 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 hays a balance due and owing to Plaintiff, as of January 08, 2009 , in the amount of $4735.98 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , HOLLY M CROCKETT INDIVIDUALLY , in the amount of $4735.98 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 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07155347 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. M . .-...--. ----t' ... - .. •..... W • 1. s 50.00 I $862.00 I Enter Amount Enclosed Below F CARD ! Payment Due Date September 27, 2007 31 SDSNSA01 0002072 HOLLY CROCKETT 116 ROSS AVE NEW CUMBERLND PA 17070-2612 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. 1-71 5- y Z/ 17- 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. Viso Discover.com/payments today. PO BOX 6103 111 Refill Iasi CAROL STREAM IL 60197-6103 l1life III Nall IHis III III RI1II11111I11I1111t1?1IlIt1III I11llll) 000001986458744081130000000000000000086200 Discover Motiva Card Account Summary Closing Date; August 31, 2007 page 1 of 1 Account number ending in 1 164 Previous Balance $4 735.98 Payment Due Date September 27, 2007 Payments And Credits , 4 735 98 Minimum Payment Due $862.00 Purchases + , . 0 00 Credit Limit $4,000.00 Cash Advances + . 0 00 Credit Available $0.00 Balance Transfers + . 0 00 Cash Credit limit $1,000.00 Finance Charges + . 000 Cash Credit Available $0.00 New Balance _ $0.00 CXHjBfT Cashback Bonuse Opening Cashback Bonus Balance $ 0,00 ? New Cashback Bonus Earned .?...?.??+¦ + 0,00 „?,?,. Cashback Bonus Balance $ 0.00 Cashback Bonus-Anniversary Available-to.-Redeem - $ 0,0.0 Date: December 18 How Can We Hel You? 1 • Visit Discover.com to pay your bill for no cost view r 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, Sah Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ .4,735.98 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FIB FMS current billing period: 13 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 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 she is Maggie Foight (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signa WWR# 7155347 Holly M. Crockett '6011002643601164 w CL a? =1; SHERIFF'S RETURN - REGULAR CASE NO: 2009-00486 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CROCKETT HOLLY M RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CROCKETT HOLLY M the DEFENDANT , at 2048:00 HOURS, on the 3rd day of February-, 2009 at 11 S HIGH ST MECHANICSBURG, PA 17055 by handing to HOLLY CROCKETT 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 Sworn and Subscibed to before me this of So Answers: 18.00 ?d ter. 9.00 .00 10.00 R. Thomas Kline .00 37.00 02/04/2009 WELTMAN WEINBERG REIS By: day Deputy Sheriff A.D. -CO -V '? T 1 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HOLLY M CROCKETT Defendant No. 09-486-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#7155347 Judgment Amount $ 5,235.98 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. 09-486-CIVIL TERM HOLLY M CROCKETT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HOLLY M CROCKETT above named, in the default of an Answer, in the amount of $5,235.98 computed as follows: Amount claimed in Complaint $4,735.98 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $500.00 TOTAL $5,235.98 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: W William T. Molczan, ES ire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7155347 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 1521.9 And that the last known address of the Defendant is: 11 S HIGH ST, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. HOLLY M CROCKETT Defendant TO: HOLLY M CROCKETT 118 HIGH ST MECHANICSBURG, PA 17055 Date of Notice: Case No. 09-468 CIVIL TERM IMPORTANT NQACE 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) 249-3168 WEL AN, WEI NBERG & REIS CO., L.P.A. B y M tthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7155347 A PIT J4C IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. HOLLY M CROCKETT Defendant Case no: 09-486-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, HOLLY M CROCKETT 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, HOLLY M CROCKETT is not in the military service. Further Affiant sayeth naught. OW" I ____ / AFFIANT p. SWORN TO AND SUBSCRIBED in my presence this 0 a y of March, 2009. C,OiUilll 1t'.t ' t ?-i 11iN,3YLVA U1e?yrre ? 4 e,-?. ?°UbIiC P LIC city 'r t.r;oia , - <county )OtAR nny C:t rxS; <a'G + ; w ',? ;,,• • Y ;'', 2010 Member, Pennsywun sc r#tr.r 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. Roquest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAR-17-2009 07:01:00 < Last Name First/Middle Begin Date Active Duty Status Service/Agency CROCKETT HOLLY 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. A IA. k4* f it 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: G TTGERKHEL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2009 RLED-OF 4CE OF THE PRJ . ONOTARY 2009 APR -6 PI M 3: 16 CUM *? L, + ??JNTY n FA' r E" -i '.i,? 0 - :MIA $1µ.0o PD Am! '(. 't IP9141 No4ice Maa led IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. HOLLY M CROCKETT Defendant Civil Action No. 09-486-CIVIL TERM NOTICE OF JIUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $5,235.98 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 0-4 fl NOTAR X. 71TY) HOLLY M CROCKETT 11 S HIGH ST MECHANICSBURG, PA 17055 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 ° ~1.~-~ 111, G-~ C~G~ k ETT ~ p f.S CGU'E=1~ ~h'/'~'/~ ~~ ~ , C~~N'c~ ~qy ~~~ ~iUi~ ~cRrm Use I~c~~~~t m~ c~E~ck TT Fl~~o-~~~~t ~~,~:: f'C~.Sc~e-~`S ~v - INTERROGATORIES i1N ATTAC~QVJ~:NT ~ -~ FIB ~~ OB 1. At the time you were served or'at any subsequent time~~ ~ ~-t an m. e or were you liable to him on any negotiable or other written instrument, or. did h~~~~~~wed him any oney or were liable to him for any reason? la. 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 ereof; the terms, fact amount and amount you awe or owed to defendant on each of such negotiable or other itten instruments and the present location of each of such instruments;.the amount or amounts that defendant cl ms or claimed that you ow~~e))or owed to him; and the nature and amount of each of such liabilities: N~~ 2. At fhe time.you were served or at any subsequent time was there in your pgssession, cu dy or control of yourself and one or .more other persons any property of any nature owned solely. or in part y the defendant. ~~r _ /~ ' 3. At the time you were served or at any subsequent time .did you hold tegal title to any prop rty of '. any nature owned solAelry or part by the defendant or in which defendant held. or claimed any interest? /V 4. At the time you were served or at any subsequent time did you hold as fiduciary any pro riy in which the defendant had an interest?~ 5. At any time before or after you were served, did the defendant transfer or deliver any prop rty to you or to any person or pla~c+e pursuant to your directions or consent and if so what was the consideration the f? /~ . 6. At any time after you were served did you pay, transfer, or deliver any money or property o the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the de ndant against you? p J O 7. If you are a bank or other financial institution, at the time you were served or at any subsequ 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 exem the amount being withheld under each exemption and the entity electronically depositing those funds on a re basis. ~/ 8. if you are a bank or other financial institution, at the time you were served or at any. subsequ t 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. § 81 3? if so, identify each account. /~ ~ ' WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~ ~~ William .Mole wire PA LD. #47437 WELTMAN, WEINBEI~G & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7155347: i VERIFICATION ;The undezsigned does hereby verify subject to the pen/alties of 18 PA. C:S. 4904 relating to mmswom falsifications to authorities, that he/she is~i~~'/es . Y_~/~~_ (Name) (! lCe. ~/'~1 /~,~01~'ofl,~~,~IF.~I~~/I1A1(Q~r L1~'/¢li/~garnis~ee herein, (Title) (Company} that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing . .Answers to Interrggatories are true and correct to the best of hislhe knowledge, information and beI f ,. (SIGNATURE) Charles A. Verrwn Woodforest National Bank 25231 Grogari's Mill Road', S ite 100 The Woodlands, TX 77380-31 3 832-375-2875 - PH 832-375-3875 -FAX MAR 1 2010 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 # 07155347 DISGU~/ER BANK vs. HOLLY M CROCKETT and WOODFOREST NATIONAL BANK Garnishee(s) Attorney for Plaintiff(s) ~ ° ~ ~ ~ ° -, ,-,- ~ ~z ~~, ~ ._ 4 ~ ?~ ~ CUMBERLAND County s`- "' `~ Court of Common Pleas =:a -~ ° ~ NO. 09-486 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), WOODFOREST NATIONAL BANK, only. WELTMAN, WEI RG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the ~ Day of MARCH, 2010 ., ~, ~, . ,,~ ~,, / .-~ i' ~~ ~ °1 ~ COMM ~~ NOTA PUBLIC ONWEALTH OF PENNSYLVANIA Notarial Soai ShQiia G. Bevan, Notary Public City Of Pittsburgh, Allegheny County ~ My Commission Expires Nov.15, 2010 MemGer, Pennsylvania Association of Notaries ~ 8. oo f p /i7~/ P-~"a~9J 73 .,. ~" ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~.~-~ n ~- TARY Sheriff Fc`- tv of ~lElkb Jody S Smith Chief Deputy Richard W Stewart Solicitor ~- a ~~, ~ jr'{ ~FFICB ~~~~ rNE c.,rERIF~ 10 AUG 31 RM 8~ 50 ~''"snv~riua~r~r Discover Bank vs. Holly M. Crockett Case Number 2009-486 SHERIFF'S RETURN OF SERVICE 02/25/2010 11:15 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1100 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Holly M. Crockett, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 6520 Carlisle Pike, Ste 550, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Travis Lehr, 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 him. The writ of execution and notice to defendant was mailed on March 8, 2010 to Holly M. Crockett, 11 S High Street, Mechanicsburg, PA 17055. 08/30/2010 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 August 30, 2010 SO ANSWERS, .~. RON R ANDERSON, SHERIFF B aron R. Lantz ~6 ~d ~ ~ ~'~~ yti ,~ r, ~ ~ ~y~ ~ I (cj CountySui[e ShenK, Teleosoft. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-486 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From HOLLY M. CROCKETT AT 11 S. HIGH ST. 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 M&T BANK AT 1 W. HIGH STREET CARLISLE, PA 17013 PNC BANK AT 105 NOBLE BLVD. CARLISLE, PA 17013 WOODFOREST NATIONAL BANK AT 60 NOBLE BLVD. CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,265.98 Interest $597.45 Atty's Comm % Atty Paid $186.50 Plaintiff Paid Date: 3/11/1 l L.L. Due Prothy $2.00 Other Costs "'_ L Ay Da 'd . ell, Prothonotary (Seal) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 By: Deputy Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HOLLY M CROCKETT Defendant(s) PNC BANK M & T BANK WOODFOREST NATIONAL BANK, Garnishee(s) Pp. lrl6v u ? ?. GC N i?Pre sakua?a Lt v b vq No. 09-486 CIVIL TERM PRAECIPE FOR WRIT OF EXECUT t (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7155347 ,E ,WCa 11?/)u C(5`7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-486 CIVIL TERM HOLLY M CROCKETT Defendant(s) PNC BANK M & T BANK WOODFOREST NATIONAL BANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against HOLLY M CROCKETT , Defendant 3. against PNC BANK, M & T BANK, WOODFOREST NATIONAL BANK, Garnishee 4. Judgment Amount $ $5,235.98 Interest $ $597.45 Costs $ SUBTOTAL: $ $5,833.43 Costs (to be added by Prothonotary): $ 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 W WR No. 7155347 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OYHC [CTARY E ?4?Yttp pf ?i?iMdrt?>,?? l-O F 1'NELPR Body s smith -?; 201 1 MAR 23 AM I0:'9 Chief Deputy as 't k.ti; rt". Richard W Stewart Solicitor OFFICE CU BERI.AMD COUNTY ?`atFF PENNSYLVANIA Discover Bank Case Number Hollyvs.M. Crockett 2009-486 SHERIFF'S RETURN OF SERVICE 03/21/2011 10:04 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1004 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Holly M. Crockett, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Beth Eppley, 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 March 22, 2011 to Holly M. Crockett, 634 Cumberland Pointe Circle, Mechanicsburg, PA 17055-5489. 03/21/2011 10:12 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1012 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies - of the within named defendant, to wit: Holly M. Crockett, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Boulevard, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Adam Gettel, 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 him. 03/21/2011 11:19 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1119 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Holly M. Crockett, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Donna 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. SO ANSWERS, March 22, 2011 RON R A DERSON, SHERIFF illiam Cline, Deputy (c GourtySUIte Sher.'(. Teleosoft Ins. a IN 'I'I IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. I IOI.LY NI CROCK L IT Defendant(s) Civil Action No. 09-486 CIVIL, "TERM ]INC BANK M&TBANK WOODFOREST NATIONAL BANK Garnishee(s) 1'O: PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 WOODFOREST NATIONAL BAN K60 NOBLE BLVDCARLISLE, PA 17013 C u r-n ? rn co a r? =CD ) a ca -? C) C _ ;z -- t c r t,? RE: HOLLY M CROCKETT, 634 CUMBERLAND POINTE Cl, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-5772 XXX-XX- ??U.?YS IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 7155347 INTERROGATORIES IN ArrACIIMEN'r I. 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 finds on deposit for checking or savings accounts and certificates of deposit)'? ?? HAS N M & T BANK NO OPEN ACCOUNTS FOR ABOVE NAMED la. If the answer to Interrogatory 1 6 in the affirmative, state the following: the amount Of money you owe or owed to defendant, and, it' uch money is M the form of a Fund, the w'esent 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. , A Vt 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? ?j O 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? N A 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? 13 w 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 finds 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 Linder each exemption and the amount of finds in each account, and the entity electronically depositing those funds on a recurring basis. NA WWR No. 7155347 Y I l'you are a bank or other financial institution, at the time you were served or at any subsequent time slid the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt binds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identity each account. P_ A 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. Nor 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. 0-4 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? P\A 12. If the response to Interrogatory 1 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. B? Y Matthew D. Urban, Esquire PA I.U. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7155347 V VERIFICATION The undersigned does hereby verify subject to the penalties of 14 P.A. C.S. 4904 relating to uiisvvorn falsifications to authorities. that lie !she l Na .e) ------___-- -- of-t-?,t _, barnishee herein, 1 itle) (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. © (SIG Am RE) W WR No. 7155347 IN RE: Holly M. Crockett v Discover Bank THE PROTHONOTAR: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Ti I II SEP 1 5 All 8: 45 CUMBERLAND COUNTY PENNSYLVANIA Debtor Respondent CHAPTER 7 CASE NO.: 1:14-bk-03153-MDF MOTION TO AVOID JUDICIAL LIEN ORDER AVOWING JUDICIAL LIEN UPON CONSIDERATION OF the Debtors' Motion to avoid, cancel, and release a Judicial Lien, it is hereby ordered and directed as follows: 1. The Judicial Lien held by Discover Bank and entered of record in the County of Cumberland, Pennsylvania, Case No. 09-486 is hereby avoided, cancelled, and released. 2. The Prothonotary of Cumberland County is directed forthwith to take whatever steps are necessary and appropriate to release, cancel and avoid the within referenced Judicial Lien and remove same from the local judgment index 3. Discover Bank shall cancel and avoid the judgment entered of record in Cumberland County against the Debtor. By the Court, Dated: September 9, 2014 Chief Bankruptcy Judge (.11() •S -D pd. dell dePe4f Ae-ti 3//7 Case 1:14-bk-03153-MDF Doc 15 Filed 09/09/14 Entered 09/09/14 12:16:11 Desc Main Document Page 1 of 1