Loading...
HomeMy WebLinkAbout09-09482055593 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 Vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Qq- 948 0,WA lE'rm NOTICE 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 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant (s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of January 14, 2009 in the amount of $2,023.87. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 10/1/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,023.87 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A. DB VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name ATLANTIC CREDIT & FINANCE, INC. 0 V. JANET M BRYANT-SCOTT AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS The undersigned being first duly sworn according to law, deposes and says that she is familiar with the policies and practices, as well as the books and records of the Plaintiff with respect to the matters stated herein, and based on information and belief states as follows: 1. Plaintiff s principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5176690018865084. Said Account was charged off on 4/30/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2023.87. 3. Plaintiff purchased or was otherwise assigned this charged off account along with other debts. As a result of the foregoing sale and assignment, the Plaintiff succeeded to all right, title and interest in the charged off account and it now owns the account. 4. Plaintiff conducted a due diligence investigation to determine, among other things, the accuracy of the account information provided to ascertain whether the statute of limitations was a bar to demand or institution of suit. Further, Plaintiff and/or its predecessor entered into a contract where the predecessor made representations and warranties that 1) it had clear right, title and interest in the account; 2) the account was free and clear of all liens and encumbrances; and 3) it had the power, authority, and full right to sell and convey its interest in the account. 5. According to Plaintiffs records, the last payment date was 10/1/2007 in the amount of $ 34.62. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,023.87. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: 44?7?? oDiffm-on Coates Authorized Representative Subscribed and sworn before me, December 24, 2008. Notary c Amanda Dunbar THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3523824 - 0001698 Atlantic CREDIT & RNANCF INCORPORATED PO Box 13386 . Roanoke, VA 24033 JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA, PA 17025-3414 SSN: XXX-XX-9372 Account Statement Original Creditor Account Number: 5176690018865084 Original Creditor: HSBC Original Creditor Last Pay Date: 10/1/2007 Original Creditor Last Payment Amount: $ 34.62 Original Creditor Charge Off Date: 4/30/2008 ACF ID Number: 3523824 Purchased ACF Payment Current Balance Balance Activity $2,023.87 $ .00 $2,023.87 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. c 3 03 CC) 4 e SHERIFF'S RETURN - REGULAR CASE NO: 2009-00948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS BRYANT-SCOTT JANET M 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 BRYANT-SCOTT JANET M the DEFENDANT , at 0019:30 HOURS, on the 20th day of February-, 2009 at 212 EDENDERRY WAY ENOLA, PA 17025-3414 TYLER SCOTT by handing to ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 13.50 .00 10.00 R. iffiomas Kline .00 41.50 02/23/2009 GORDON & WEINBERG BY- day Deputy Sheriff of A. D. w? -TI r' % 40* 2055593 NO e S a GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JANET M BRYANT-SCOTT TO THE PROTHONOTARY: DOCKET NO. : 09-948 Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $2,023.87 $2,023.87 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Atlantic Credit & Finance Inc.Assignee from HSBC and that the last known address of defendant, JANET M BRYANT.-SCOTT, 212 EDENDERRY WAY, ENOLA PA 17025-3414. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 • years of age. AND NOW, this ist day of A''l i _, 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and dama es assessed at the sum of , $2,023.87 as per the above gertificatXn. Prot2nonotar GORDON & WEINBER?G, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff X 2055593 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-948 JANET M BRYANT-SCOTT Atlantic Credit & Finance Inc. Assignee from HSBC TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 DATE OF NOTICE/FECHA DEL AVISO: March 13, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG, ESQUIRE JOEL M. LINK, ESQUIRE P10D-2 10 414'ao Po fk T( co rlt s6 D aap?8 ZT4 t? 2055593 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC VS. JANET M BRYANT-SCOTT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-948 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /XL Judgment by Default $2,023.87 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 P OTHONOTA GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE 2055593 F1~ F~`-... ,,,C "c TF':L ~I - ' ~'~sRY t. ,_,~ COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-948 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JANET M BRYANT-SCOTT defendant (s)and (2) against METRO HANR (3) AMOUNT DUE INTEREST from April 1, 2009 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account garnishee(s) $2,023.87 $152.25 TOTAL ( $.00) FREDERIC I. WEIN G, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff 9 a.y. ~ p ~~'~ uc# 1179/1 R'~,~.~'3 ~R13 ~. 1N 3 yy S s~il.~~ r u ~, r/ r ~K.00 S~aa o~-~y `~ll~0, SO r°~--0 Sa-,11U ~c.e. LO s , 5 0 Auc_ ~L GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE DOCKET NO. 09-948 NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have Legal rights to prevent your property from being taken. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached exemption claim form and demand for a prompt hearing; (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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. CU1rIDERLAND COUNTY BAR ASSOCIATION 32 3. BEDFORD STREET CARLISLE, PA 17013 ..(717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE DOCKET NO. 09-948 CLAIM FOR E7~TION TO THE SHERIFF: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be [ ] (i) set aside in kind (specify property to be set aside in kind): [ ] (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property) (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: (include address and telephone) I verify that the statements made in this Claim for Exemption are true and correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: Defendant: THI3 CLAIM TO BE FILED KITH THE OFFICE OF THE SHERIFF OF CUI~ERLAND COUNTY: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 717/240-6390 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAMP 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law EXHIBIT "A" CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE Finance Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-948 INTERROGATORIES IN ATTACHN~NT TO: L~TRO BANK - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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 in 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(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) 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(s) 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 of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) 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. X8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC W BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff DATED: ~ ~~~~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE Commonwealth of Pennsylvania County of CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-948 To satisfy the judgment, interest and costs against: JANET M BRYANT-SCOTT defendant(s) (1) You are directed to levy upon the property of the defendant(s) and to sell defendant's('s) interest therein: NO LEVY OTHER THAN BANK ACCOUNT (2) You aze also directed to attach the property of the defendant(s) not levied upon in the possession of METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17 013 - GARNISHEE -SERVE ONLY (specifically describe property) and to notify the garnishee(s) that (a) an attachment has been issued: (b) except as provided in paragraph (c) the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) The attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law or (i) the first $10,000.00 of each account of the defendant with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. §8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify (him) such other person that he or she has been added as a garnishee and is enjoined as above stated. AMOUNT DUE $2,023.87 INTEREST from April 1, 2009 $152.25 COSTS Prothonotary fee Sheriff fee Less: Payment on Account ( $.00) TOTAL Prothonotary BY: Clerk DATE: GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-948 WRIT OF E]~CVTION (3) AMOUNT DUE $2,023.87 INTEREST from April 1, 2009 $152.25 COSTS Prothonotary fee Sheriff fee Less: Payment on Account ( $.00) TOTAL FREDERIC I. WEINBERG, ESQUIRE & JOEL M. FLINK, ESQUIRE 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-948 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff (s) From JANET M. BRYANT-SCOTT, 212 EDENDERRY WAY, ENOLA, PA 17025-3414 (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: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,023.87 Interest FROM APRIL 1, 2009 - $152.25 Atty's Comm Atty Paid $160.50 Plaintiff Paid Date: JUNE 9, 2010 L.L.$.50 Due Prothy $2.00 Other Costs Dav uell, Prothonotary (Seal) REQUESTING PARTY: Deputy Name JOEL M. FLINK, ESQUIRE Address: GORDON & WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41200 TRUE COPY FROM RECORD In Testimotry wlf~rd. ~ Mro unto set my hand and the ~ ~Cat'Iisle~PalO This '~~t°A°t~'' ~~ By: GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 91200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 984/351-0500 fi~~~Y~~ ZDID J~~# 24 PIn1 I~ t2 CVi~~.J 4..r~i...~a4;.J l.. J~1~ Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS ~`=(~~'~~~--~'~`~~ Assignee from HSBC CUMBERLAND COUNTY 2727 Franklin Road Roanoke, VA 24014 vs. JANET M BRYANT-SCOTT 212 EDENDERRY WAY ENOLA PA 17025-3414 and METRO BANK 65 ASHLAND AVENUE CARLISLE PA 17013 GARNISHEE DOCKET NO. 09-948 ~M.gWPJI.a `~O INTERROGATORIES IN ATTACHI~NT TO: INTRO HANK - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? See attached 2. At the time .you were served or at any subsequent time was there in your possession, custody or control or in the joint 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 in 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(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to .your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) 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(s) 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 of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC W BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff DATED: ~ +i~i~r~ Interrogatories for Janet Bryant-Scott 1. Defendant has account 23157209 held jointly with Troy Scott. Defendant has account 537873846 held individually with a balance of $79.32. Defendant did not receive $300 exanption. 2. See answer to question 1 3. No 4. No 5. No 6. No 7. No 8. No 9. See answer to question 1 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) Levv 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. ( N URE) GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M.,FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 rF~v~~J.~;1',;`~f i a Atlantic Credit & Finance Inc. Assignee from HSBC vs. JANET M BRYANT-SCOTT and Metro Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-948 PRAECIPE TO DISSOLVE ATTACHI~NT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Metro Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. PO11 BY: FREDERIC I. WEIR JOEL M. FLINK, Attorney for P1 FCL`cG--~:r~ .~1~. 2010 JJL 13 ~~ °~ LZ iff SQUIRE 48.0o Pa A~ e~ ~abRa~ r~+ a ys090 WRIT OF EXECUTION and/or ATTACHMENT b COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff (s) From JANET M. BRYANT-SCOTT, 212 EDENDERRY WAY, ENOLA, PA 17025-3414 (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: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,023.87 L.L.$.50 Interest FROM APRIL 1, 2009 - $152.25 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: JUNE 9, 2010 Davi uell, Prothonot ry N009-948 Civil CIVIL ACTION - LAW (Seal) By: Deputy REQUESTING PARTY: Name JOEL M. FLINK, ESQUIRE Address: GORDON & WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41200 ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED- OFFICE Sheriff 4 ?''' _a„r,6rrrrs H._ P 0TH;0IN,0 i? Jody S Smith 1 I JAN -6 AM 9: 2P Chief Deputy Richard W Stewart CIUMBERLM4101 COLIFJT?,' Solicitor -; .. _ P I:-* H N CO, Y I_Wk M I A Atlantic Credit & Finance Inc. Assignee from HSBC Case Number vs. Janet M Bryant-Scott 2009-948 SHERIFF'S RETURN OF SERVICE 06/14/2010 12:35 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2010 at 1232 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Janet M. Bryant-Scott, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Brad Shoop, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on June 16, 2010 to Janet M. Bryant-Scott at 212 Edenderry Way, Enola, PA 17025. 01/05/2011 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: $87.94 January 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B. Sharon . Lantz dt,7 "%/L CIS 7448q .2 3.366 'i Coin-t;Su to Shtentf. 7e eosett, inc.